United States District Court for the District of Columbia

Home , Abdul Haq Wasiq, Gulbuddin Hekmatyar, Mohamed Jawad, Nasrat Khan

RECORD NO. 16-CV-01462

In The

ASADULLAH HAROON “AL AFGHANI” GUL (ISN 3148),

Petitioner,

DONALDJ. TRUMP,et al.,

Respondents.

______

BRIEF OF AMICUS CURIAE MINISTRY OF FOREIGN AFFAIRS OF THE ISLAMIC REPUBLIC OF AFGHANISTAN IN SUPPORT OF PETITIONER ______

Francis A. Vasquez, Jr. [Bar # 442161] Joseph Margulies F.A. VASQUEZ CONSULTING PROFESSOR OF THE PRACTICE 2109 Arrowleaf Drive OF LAW AND GOVERNMENT Vienna, VA 22182 243 Myron Taylor Hall (571) 363-7747 Cornell University Law School [email protected] Ithaca, NY 14850 (607) 255-6477 [email protected]

Counsel for Amicus Curiae

GibsonMooreAppellateServices,LLC 206 EastCary Street P.O.Box1460(23218) Richmond,VA 23219 804-249-7770 www.gibsonmoore.net TABLEOF CONTENTS

Page:

TABLEOF AUTHORITIES...... ii

STATEMENT OF THE IDENTITY OF THE AMICUS CURIAE, ITS INTEREST INTHE CASE, AND THE SOURCE OF ITS AUTHORITY TO FILE ITS BRIEF ...... 1

SUMMARYOF THEARGUMENT...... 3

STATEMENTOF FACTS...... 4

ARGUMENT...... 10

I. HAROON SHOULD BE RELEASED BECAUSE ALL HOSTILITIES BETWEEN HIA AND THE UNITED STATES HAVE CEASED ...... 10

II. HAROON SHOULD BE RELEASED AS HIS CONTINUED DETENTION IS DETRIMENTAL TO AMICABLE RELATIONS BETWEEN AFGHANISTAN AND THE UNITED STATES ...... 12

III. HAROON SHOULD BE RELEASED AS HE COULD NOT HAVEBEENA SIMULTANEOUSMEMBER OF AL QAIDA AND HIA, AND EVEN IF HE WAS INSTRUCTED TO CONDUCT LIMITED LIAISONSWITH AL QAIDA INTHE DISTANT PAST,IT DOES NOT JUSTIFY HIS CONTINUED DETENTION...... 14

CONCLUSION...... 16

APPENDIX

CERTIFICATEOF SERVICE

i TABLEOF AUTHORITIES

Page(s):

Cases:

Al-Alwiv. Trump, 901F.3d294 (D.C.Cir.2018)...... 11,12

Hamdiv. Rumsfeld, 542 U.S.507 (2004)...... 10,11

Parhat v. Gates, 532 F.3d834 (D.C.Cir.2008)...... 10

Razak v. Obama, 174 F.Supp.3d 300 (D.C.Cir.2016)...... 10,11,12

Other:

Afghan insurgent commander lands in Guantanamo,

I NDIA INFO (June 23, 2007), http://news.indiainfo.com/2007/06/23/guantanamo.html ...... 4

Afghanpresidentpledgesto releaseupto2,000Talibanprisoners,

A L JAZEERA(May25,2020), https://www.aljazeera.com/news/2020/05/afghan-president-pledges-release-2000- taliban-prisoners-200525053352382.html...... 9

Afghanistan: Ghani, Hekmatyar sign peace deal,

A L JAZEERA (Sep. 29, 2016), https://www.aljazeera.com/news/2016/09/afghanistan-ghani-hekmatyar- sign-peace-deal-160929092524754.html...... 6

Carol Rosenberg, Afghan detainee who wanted to meet Ludacris loses Guantánamo parole hearing, Miami Herald (Jul. 23, 2016), https://www.miamiherald.com/news/nation- world/world/americas/guantanamo/article91470287.html#storylink=cpy...... 5

ii Department of Defense, Office of Freedom of Information,71Guantanamo Detainees Determined Eligible to Receive a Periodic Review Board as of April 19,2013, Joint Review Task Force (Feb. 12,2014) https://www.documentcloud.org/documents/1020057-guantanamo-parole- list.html...... 5

Gabriel Haboubi,Afghan terror suspect transferred to

Guantanamo Bay prison, T HE J URIST (Jun. 22, 2007), http://jurist.law.pitt.edu/paperchase/2007/06/afghan-terror-suspect- transferred-to.php...... 4

GermanManualof HumanitarianLawin Armed Conflicts(1992)...... 10

HaroonGu1,ReprieveU.S...... 5

HekmatyarUrgesTaliban‘Brothers’ToEndWar;OffersToMediateTalks,

R ADIOF REEE UROPER ADIOL IBERTY(May4,2017),

https://www.rferl.org/a/afghanistan-warlord-hekmatyar-returns-

kabul/28467563.html...... 7

JavedHamimKakar,Khalizad,Hekmatyartalk PeaceProcessand

Elections,P AJHWOK (Oct.14,2018),at https://www.pajhwok.com/en/2018/10/14/khalilzad-hekmatyar-talk-peace- process-elections...... 8

KhwajaBasirFitri,Aminzai,Baheer& Azimisworninas new senators,

P AJHWOK(Sep.16,2018) https://www.pajhwok.com/en/2018/09/16/aminzai-baheer-azimi-sworn-newsenators...... 7

MateoGodi,A HistoricalPerspectiveon Filingsby ForeignSovereignsat the U.S.Supreme Court,42 Yale L.J. 409 (2017)...... 2

Ministry of Foreign Affairs, Islamic Republic of Afghanistan, https://www.mfa.gov.af ...... 2

Ministryof ForeignAffairs,IslamicRepublicof Afghanistan,The Constitutionof Afghanistan,https://www.mfa.gov.af/constitution/preamble.html...... 2

iii MuhammadTahir,GulbuddinHekmatyar’sReturnto the Afghan

Insurgency,T HEJ AMESTOWNF OUNDATION(May29,2009)

http://www.jamestown.org/news_details.php?news_id=325...... 6

MujibMashal,AfghanPresidentOrdersTalibanPrisonerRelease,

N EW Y ORK T IMES(Mar.10,2020),

https://www.nytimes.com/2020/03/10/world/asia/taliban-prisoner-release.html...... 9

MujibMashal,TalibanandU.S.StrikeDealtoWithdrawAmericanTroops

FromAfghanistan,N EW Y ORK T IMES(Feb.29,2020),

https://www.nytimes.com/2020/02/29/world/asia/us-taliban-deal.html...... 9

New Appointments;2 Membersof Hezb-eIslamiEnteredGovernmenton

Eveof Election,B AZTAB N EWS (Aug.2, 2018), https://baztab.news/article/699037...... 7

New York Times,GuantánamoDocket...... 14

OmidMarzban,ShamshatooRefugeeCamp:A Baseof Supportfor

GulbuddinHekmatyar,T HE J AMESTOWNF OUNDATION(May24,2007)

http://www.jamestown.org/single/?no_cache=1&tx_ttnews[tt_news]=4189...... 5

PeterFinn,Justicetaskforcerecommendsabout50 Guantanamodetainees be heldindefinitely,W ASHINGTONP OST(Jan.22,2010) https://www.washingtonpost.com/wp- dyn/content/article/2010/01/21/AR2010012104936.html?sid=ST201001220

0767...... 5

Shereena Qazi, UN lifts sanctions against Gulbuddin Hekmatyar,

A LJAZEERA (Feb. 4, 2017), https://www.aljazeera.com/news/2017/02/lifts- sanctions-gulbuddin-hekmatyar-170204125508334.html...... 7

Third Geneva ConventionRelativeto the Treatmentof Prisonersof War art.118,6 U.S.T3316,75 U.N.T.S.135...... 10

U.K.Manualof the Law of Armed Conflict(2004)...... 10

US deputy assistantsecretary of state met with GulbuddinHekmatyar,

K HAAMAP RESS (Jul.10,2018),https://www.khaama.com/us-deputy- assistant-secretary-of-state-met-with-gulbuddin-hekmatyar-05554/...... 8

iv INTHE UNITEDSTATESDISTRICTCOURT FOR THE DISTRICTOF COLUMBIA

ASADULLAHHAROON“AL AFGHANI”GUL(ISN3148),

Petitioner,

v. Case No.16-cv-01462(APM)

DONALDJ. TRUMP,et al.,

Respondents.

BRIEF OF AMICUS CURIAE MINISTRY OF FOREIGN AFFAIRS OF THE ISLAMIC REPUBLIC OF AFGHANISTAN INSUPPORT OF PETITIONER1

COMES NOW, THE MINISTRY OF FOREIGN AFFAIRS OF THE

ISLAMICREPUBLICOF AFGHANISTAN,throughcounsel,andhereby files this amicus curiaebriefinsupportofPetitioner’sapplicationfor a writof habeascorpus:

STATEMENT OF THE IDENTITY OF THE AMICUS CURIAE, ITS INTEREST INTHE CASE, AND THE SOURCE OF ITS AUTHORITY TO FILE ITS BRIEF

The Ministry Of Foreign Affairs Of The Islamic Republic Of Afghanistan

(“Amicus”)is chargedwith overseas relations,and the diplomaticprotectionof our

1 Counsel files this brief with the consent of the parties. No counsel for any party authored this brief, in whole or in part, nor did anyone apart from counsel for amicus contribute money toward its preparation and filing.

1 citizens. In this regard, as reflected in the Ministry website,2 we have various obligations.

Based on Article 39 Afghanistan’s Constitution,the Government of the

IslamicRepublicAfghanistanhas the responsibilityto defendandprotect the rights of its citizens outside Afghanistan:

Every Afghan shall have the right to travel outside Afghanistan and return, according to the provisions of the law. The state shall protect the rights of the citizens of Afghanistan outside the country

(emphasissupplied).3

In this respect,it is common for amicus briefs to be filed by the relevant government agency on behalf of citizens being held in a foreign country. As an

Americanlegal commentatorputs it:“Foreignamiciare regular,thoughinfrequent, repeatplayersat the Court,andtheJusticeshavereliedon the benefitsofthis practice for centuries.”4

2 See Ministry of Foreign Affairs, Islamic Republic of Afghanistan, https://www.mfa.gov.af.

3 See Ministry of Foreign Affairs, Islamic Republic of Afghanistan, The Constitution of Afghanistan, https://www.mfa.gov.af/constitution/preamble.html.

4 Mateo Godi, A Historical Perspective on Filings by Foreign Sovereigns at the U.S. Supreme Court, 42 Yale L.J. 409, 412 (2017); see also id. at 422 (“The direct filing of amicus briefs in front of the Supreme Court on behalf of a foreign government can thus be seen as a tool to maintain relations of comity with foreign sovereigns.”).

2 The plightof PetitionerAsadullahHaroon(“Haroon”)is now wellknownin

Afghanistan.Itis a cause of considerableconcernboth to the governmentand to the people.Amicus respectfullyadvocateshereon behalfof the rightsof Haroon,a citizen of Afghanistan.

Afghanistanbecame a party to 1949 Third Geneva Conventionon September

26,1956andthe U.S.also becamea partyto the same conventionon August12,1955.

Article 118of the aforementionedconventionprovidesthat prisonersof war shallbe releasedimmediatelyafter the end of the conflictandreturnedback to theirhomeland.

SUMMARYOF THE ARGUMENT

Haroon should be released because all hostilities between Hezb-e-Islami

Gulbuddin (“HIA”) and the United States have ceased. Detainees who are not a memberofAl Qaida or the Talibanmustbe releasedif their organizationis no longer engagedin hostilitieswith the UnitedStates.Followingthe 2016 Peace Agreement betweenHIA and Afghanistan,HIA has ceasedall hostilitieswith the UnitedStates.

Membersof the UnitedStates Governmenthave recognizedthis end to hostilitiesby negotiating with members of HIA. Thus, Haroon, a member of HIA, should be released.

Haroon should also be released because his continued detainment strains relations between Afghanistan and the United States. Afghanistan has agreed to release many Taliban prisoners pursuant to a peace deal made between the United

3 Statesandthe Taliban.Despitenotbeinga formalparty to the peacedeal,Afghanistan has already releasedmany prisoners and has announcedthe releaseof many more.

Likewise,Haroon should be released by the United States, in recognitionof the

PeaceAgreementbetweenAfghanistanand HIA.

Finally,Haroon should be released,notwithstandingany loose ties HIA is allegedto haveonce hadto Al Qaida.Haroon,a junior HIAmember,could not have been a simultaneous member of HIA and Al Qaida, nor could he have been responsiblefor any loose liaison with Al-Qaida.HIA formally cut all ties with all extremistgrouppursuantto the 2016 peaceagreement.Any informationthat Haroon may have once had about any previous liaisons would no longerbe usefulbecause

Haroonhas been in U.S.custodysince 2007.Intacit recognitionof this reality,the

UnitedStates has already releasedall other membersof HIA,includingthose with allegedties to Al-Qaida.Nolegitimateclaimcanbe madeto treat Haroondifferently.

STATEMENTOF FACTS

Petitioner,HaroonGul(“Haroon”),is an Afghancitizen inthe custody of the

Respondent.He has been held in GuantanamoBay since June 22, 2007.5 Uponhis arrest, Respondent maintained Haroon might have informationabout Al-Qaida’s

5 Gabriel Haboubi, Afghan terror suspect transferred to Guantanamo Bay prison, T HE

J URIST (Jun. 22, 2007), http://jurist.law.pitt.edu/paperchase/2007/06/afghan-terror- suspect-transferred-to.php.

4 ongoingoperations.6In 2009,the Joint ReviewTaskforce,whichreportedto United

States PresidentBarack Obama,deemedthere to be insufficientevidenceto charge

Haroon,but declinedto order his release.7In 2016,Haroonwas denied approvalfor transferby the PeriodicReviewBoard.8He has neverbeen chargedwith a crime.

Petitioner’sfamily was forced to leave Afghanistanbecause of the violence ragingduring the civil war.9 He and his family sought shelter at refugee camps in

Pakistan.The relevantrefugee camps were, in large part,sponsored by HIA.10He received his economics degree and achieved fluency in four languages.Brief for

Petitioner,AsadullahHaroonGulv.Obama.Hewas detainedduringa businesstrip

6 Afghaninsurgentcommanderlands in Guantanamo,I NDIAINFO(June23, 2007), http://news.indiainfo.com/2007/06/23/guantanamo.html.

7 PeterFinn,Justice task force recommendsabout 50 Guantanamodetaineesbe held indefinitely,W ASHINGTONP OST (Jan.22, 2010)https://www.washingtonpost.com/wp- dyn/content/article/2010/01/21/AR2010012104936.html?sid=ST2010012200767;

Departmentof Defense,Officeof Freedomof Information,71GuantanamoDetainees

DeterminedEligibleto Receive a PeriodicReview Boardas of April 19, 2013, Joint

Review Task Force (Feb. 12, 2014) https://www.documentcloud.org/documents/1020057-guantanamo-parole-list.html.

8 Carol Rosenberg, Afghan detainee who wanted to meet Ludacris loses Guantánamo parole hearing, Miami Herald (Jul. 23, 2016), https://www.miamiherald.com/news/nation- world/world/americas/guantanamo/article91470287.html#storylink=cpy.

9 HaroonGul,ReprieveU.S.,https://reprieve.org/cases/haroon-gul/.

10 Omid Marzban,Shamshatoo Refugee Camp: A Base of Support for Gulbuddin

Hekmatyar, T HE J AMESTOWN F OUNDATION (May 24, 2007)

http://www.jamestown.org/single/?no_cache=1&tx_ttnews[tt_news]=4189.

5 to Afghanistan.Id.Uponbeingtakeninto U.S.custody,Petitionerpromptlyidentified himselfby his correctname and nationalityto the UnitedStates.Id.Haroonis not,and has neverbeen,a memberof either the Taliban or Al Qaida.Id.At most,Haroonmay feel some loyaltyto HIA,as he grew up inHIA-sponsoredrefugeecamps.Haroonhas nevercausednorattemptedto causeharmto Americanpersonor property,and has never espousedany violent beliefs againstany Americanpersonor property.Id.

HIA is an Afghan Political party formed in 1975 and led by Gulbuddin

Hekmatyar.11The membersofHIAwhotookuparms afterthe fallof the Talibanregime in Afghanistan in 2001 believed they were complying with their duty to defend

Afghanistan.Since2010,however,there has beena concertedeffortby the HIAand the

12 Afghangovernmentto bringlastingpeace. In2016,HIAenteredintoa bindingpeace agreementwith the Afghangovernment,after morethan five years of negotiations.(An

Englishlanguageversionof the agreementis attachedas Appendix A.)

Under the Peace Agreement,both parties agreed to the needfor Afghanistan to standon its ownfeet,withoutthe interventionofforeignmilitaryforces.Appendix

A, Article Four. The Peace Agreement also dictates that, as per the Geneva

11 MuhammadTahir,GulbuddinHekmatyar’sReturnto theAfghanInsurgency,T HE

J AMESTOWN F OUNDATION (May 29, 2009)

http://www.jamestown.org/news_details.php?news_id=325.

12 Afghanistan: Ghani, Hekmatyar sign peace deal, A L JAZEERA (Sep. 29, 2016), https://www.aljazeera.com/news/2016/09/afghanistan-ghani-hekmatyar-sign-peacedeal-160929092524754.html.

6 Convention,any prisoners of war (POW’s)must be released.Appendix A, Article

Eleven.HIAalso committed,pursuantto the Agreement,to havingno relationswith any illegalarmed organizationsand terrorist groups.Appendix A, Article Nineteen.

Followingthe Peace Agreement,HIA ceased all hostilitiesand has no relationships withany groupthat mightengagein hostilities.13

HIA is no longer a threat to either Afghanistanor the UnitedStates.On the contrary,membersof the HIAare now an activepart of the Afghangovernment.For example,the head of HIA,GulbuddinHekmatyar,is a seniormemberof the High

PeaceCouncil,workingto reacha lastingpeaceagreementwiththe Taliban.14Amin

Karim,who was a major negotiatorof the HIA peace agreement,is now a senior

15 advisor to President Ghani. Several other members of HIA, such as Ghiarat

Baheer,are Senatorsinthe Afghanlegislature.16

13 Shereena Qazi, UN lifts sanctions against Gulbuddin Hekmatyar, A LJAZEERA (Feb. 4,

2017), https://www.aljazeera.com/news/2017/02/lifts-sanctions-gulbuddin-hekmatyar-

170204125508334.html.

14 HekmatyarUrgesTaliban‘Brothers’ToEndWar;OffersToMediateTalks,R ADIO

F REE E UROPER ADIO L IBERTY(May4, 2017),https://www.rferl.org/a/afghanistan-

warlord-hekmatyar-returns-kabul/28467563.html.

15 New Appointments;2 Membersof Hezb-eIslamiEnteredGovernmenton Eve of

Election,B AZTABN EWS(Aug.2,2018),https://baztab.news/article/699037.

16 KhwajaBasirFitri,Aminzai,Baheer& Azimisworninas newsenators,P AJHWOK

A FGHANN EWS (Sep.16, 2018)https://www.pajhwok.com/en/2018/09/16/aminzai-

baheer-azimi-sworn-new-senators.

7 The UnitedStateshas officiallyrecognizedthe peacebetweenHIAand the Afghan

Governmentand has showna willingnessto negotiatewith membersofHIA.On October

13,2018, USSpecialEnvoy for Afghanistan ReconciliationZalmay Khalilzadand US

Ambassador John Bass met with HIA leader Gulbuddin Hekmatyar and other HIA officials at the HIA offices to discuss the peace process.17Alice Wells,the U.S.deputy secretary of state, met with GulbuddinHekmatyarto hold talks regardingthe ongoing effortson the Afghan-ledpeace process.18HIA’spoliticalaffairs chief BakhtarAminzai, politicaldelegationchiefDr.GhairatBaheer,Dr.FarooqWardak,Eng.MohammadAmin

Karim,and Eng.HabiburRehmanHekmatyarwere present at this meeting,along with

Hekmatyar.19The U.S.governmentand HIA membersdiscussedthe peace process,the upcomingelections,andtheroleof politicalparties in the future of Afghanistan.20

The U.S.has also recognizedpeacewithHIA by releasingall detainees that were allegedto havean associationwith HIA– all except for one,PetitionerAsadullahHaroon.

Of the 213 Afghan “low-valuedetainees” at Guantanamo,three were misidentifiedas

17 JavedHamimKakar,Khalizad,Hekmatyartalk PeaceProcessand Elections,P AJHWOK

(Oct. 14, 2018), at https://www.pajhwok.com/en/2018/10/14/khalilzad-hekmatyar-talk- peace-process-elections.

18 USdeputy assistant secretary of state met with Gulbuddin Hekmatyar, K HAAMA P RESS

(Jul. 10, 2018), https://www.khaama.com/us-deputy-assistant-secretary-of-state-met- with-gulbuddin-hekmatyar-05554/.

19 Id.

20 Id.

8 Afghans,and three died in detention.See Appendix B. Of the remaining207,206 have been released;only Haroonremainsin detention.Id.Similarly,of the forty-six Afghans who were allegedto be membersofHIA,forty-fivehavebeenreleased– everyoneexcept for Haroon.Id.A majorityof the forty-fivedetaineeswere alleged,like Haroon,to have hadinteractionsor connectionswith eitherAl Qaida or the Taliban.Id.For example,Haji

Wali Mohammedwas releasedon January 19,2017,even though he hadties to both Al

Qaida and the Taliban.Id.Similarly,in2017,the U.S.releasedHamidullahinrecognition of the peace between HIA and the United States Government,even though the D.C.

DistrictCourt haddeniedhis petitionfor habeascorpus.Id.

Petitioner’sclaimis also significant as the AfghanPresidentGhanihas agreed to release thousands of Talibanprisonersto facilitatethe peaceplan signedby the U.S.and the Taliban.21Afghanistanis not a formalpartyto this peaceplan.22However,the Afghan government has already released many Taliban prisoners and has announced plans to releasemanymore.23

21 Mujib Mashal, Afghan President Orders Taliban Prisoner Release, N EW Y ORK T IMES

(Mar. 10, 2020), https://www.nytimes.com/2020/03/10/world/asia/taliban-prisoner- release.html.

22 Id;seealsoMujibMashal,TalibanandU.S.StrikeDealtoWithdrawAmericanTroops

From Afghanistan, N EW Y ORK T IMES (Feb. 29, 2020),

https://www.nytimes.com/2020/02/29/world/asia/us-taliban-deal.html.

23 Afghan president pledges to release up to 2,000 Taliban prisoners, A LJAZEERA (May

25, 2020), https://www.aljazeera.com/news/2020/05/afghan-president-pledges-release-

2000-taliban-prisoners-200525053352382.html.

9 ARGUMENT

I. HAROONSHOULD BE RELEASEDBECAUSEALL HOSTILITIES BETWEENHIAANDTHE UNITEDSTATESHAVECEASED

Internationallaw clearly commands that prisonersof war should be released without delay after the cessationof active hostilities.See, e.g., Hamdiv. Rumsfeld

542 U.S.507, 520 (2004); Third Geneva ConventionRelative to the Treatmentof

Prisoners of War art. 118, 6 U.S.T 3316, 75 U.N.T.S. 135. Cessation of active hostilities is a question of fact that does not require either a formal armistice agreement or a peace treaty. Razak v. Obama,174 F.Supp.3d300,306 (D.C.Cir.

2016); see also,e.g., German Manualof HumanitarianLaw in Armed Conflicts

(1992); U.K.Manual of the Law of Armed Conflict (2004).The standarddoes not requiretotal peace,or evenan end to allfightingbetweenthe parties.Razak,174 F.

Supp.3d at 306 (emphasissupplied).

Thereis no precise definitionof “active hostilities.”Razak,174 F.Supp.3dat

307.InParhatv. Gates,the Court of Appeals heldthat for a “detaineewho is not a memberof al Qaida or the Taliban,” the governmentmustshow that the detainee’s organization is actively “engaged in hostilities against the United States or its coalitionpartners.”Parhatv. Gates,532 F.3d834,843 (D.C.Cir.2008) (emphasis added).Additionally,the organizationmust have been associatedwith Al Qaida or the Taliban.Id.In Razak v. Obama,the petitionerHamidullah,who was allegedto have ties to HIA,argued simply that hostile activities had ceased in Afghanistan.

10 Razak,174 F.Supp.3dat 303. He apparently did not argue,and the court did not address,the key distinguishingfact that exists in this case—viz.,that hostilitieshad ceased betweenHIAandthe UnitedStates—nodoubt becausethe peace agreement was not finalizeduntilsix months after the decision.Id at 308.Thoughthe district court denied Hamidullah’sPetitionfor Writ of HabeasCorpus,he was nonetheless releasedfromGuantanamoBayby the UnitedStates on August13,2016.

Haroon should be released because all hostile activities betweenthe United

States and HIA have ceased.As we have noted, this cessation follows the peace agreement entered between the Afghan government and HIA. Pursuant to this agreement,HIAhas not supportedor establishedrelationshipswithanyillegalarmed organizationsor terroristgroups,andhas releasedallits prisonersof war.Members of HIA are active throughout the Afghan government,and its leader, Gulbuddin

Hekmatyar,is a seniormemberof the HighPeace Council[HPC].In short,HIA is no longerengagedinany active hostilitieswiththe UnitedStates.

Haroonshouldbe released,not becausethe conflictinAfghanistanhas ended, but because the organizationthat Haroon belongs to is at peace with the United

States.Cessationof active hostilitiesmust mean cessationinthe “relevantconflict” between the relevant parties. See Hamdi,542 U.S. at 521. Afghanistan has been mired in various conflicts since 1979, and there continues to be conflict in

Afghanistan.Al-Alwiv. Trump,901F.3d294,298,300 (disagreedwithpetitioner’s

11 contentionthat the conflictinAfghanistanhadended);Razak,174F.Supp.3dat307-

08 (concludedthat active hostilities continuein Afghanistan).We hope that a full peaceaccord may be reachedsoon;however,the presentconflictno longerinvolves

HIA or its members.It would be absurd to suggest that the release of prisonersof war requires an end to all fighting in Afghanistan,even when HIA is no longer involvedin the hostilities.

In the present case, Haroon is an Afghanicitizen with alleged ties to HIA.

Haroonshould be releasedjust as the Afghani petitionerin Razak was releasedin

August2016.Harooncan be distinguishedfromthe petitionerinAl-Alwi,who was a Yemenicitizen fromSaudi Arabia with ties to the Taliban.All detaineeswith ties to HIA, apart from Haroon, have been released as HIA has reached a peaceful resolutionwith the U.S.and Afghanistan.Thus, Haroon should be released as all hostilitiesbetweenthe relevantparties,HIA,USA,andAfghanistan,have ceased.

II. HAROON SHOULD BE RELEASED AS HIS CONTINUED DETENTION IS DETRIMENTAL TO AMICABLE RELATIONS BETWEEN AFGHANISTAN AND THE UNITED STATES

Haroonshouldalso be releasedbecausehis continueddetentionis detrimental to relationsbetweenAfghanistanand the UnitedStates,compromisingcompliance withthe letterandspiritof two different peace accords.

To beginwith,the U.S.and the Talibansigned a peace pact,which included the releaseof Talibanprisoners.AlthoughAfghanistanwas not a formalpartyto this

12 pact,Afghan PresidentGhani agreedto try to upholdthe pactby agreeingto release

Talibanprisoners.Indeed,Afghanistanhas agreedto this despite continuedhostility betweenU.S.and the Taliban,andbetweenthe Governmentof Afghanistanandthe

Taliban. President Ghani has already released many Taliban prisoners and has announcedthe release of many more.Inorder to manifestthe U.S.commitmentto this pact,the Afghanistangovernmentexpects the UnitedStates to reciprocate,and to release a prisonersuch as Haroon.

Second, there is the peace agreement between the Afghan government and

HIA.It is important for Amicus to bringto the Court’s attention that without the blessingof the U.S.it would not have been possiblefor the governmentto reach a peace agreement with HIA.Hence,to all intents and purposes,the U.S. was an essential party to the HIA peace agreement. Ultimately, though, this is not a preconditionfor respectingthe agreement.The law makes it quite clear that there does not have to be a formalagreementdirectlybetweenthe U.S.and HIA.Itwould be sufficientthat the Afghan governmenthas signed a Peace Agreementwith HIA and the U.S.has recognizedthat HIA and Afghanistanhave been at peace for close to four years, and that there is little likelihood of hostilities re-emerging.In this

Agreement, the parties stipulated that all prisoners of war would be released.

Honoringthe Agreement,neitherside has continuedhostilitiesagainstthe other,and

HIA has complied with its obligations under the Agreement and has released all

13 prisonersof war.The governmentof Afghanistanwants and intendsto complywith its obligations,but must look to the U.S. to uphold the Agreement by releasing

Haroon,the only alleged memberof HIA to remain in Guantánamo.Considering that Afghanistanhas releasedmany Talibanprisonersand expectto release morein recognitionof the US-Talibanpeace treaty,it would underminethis process if the

U.S. refused to release a single prisoner, Haroon, close to four years after the hostilitieswithHIA have ceased.

III. HAROON SHOULD BE RELEASED AS HE COULD NOT HAVE BEEN A SIMULTANEOUSMEMBEROFAL-QAIDA AND HIA,AND EVEN IF HE WAS INSTRUCTED TO CONDUCT LIMITED LIAISONSWITH AL QAIDA INTHE DISTANT PAST,IT DOES NOT JUSTIFY HIS CONTINUED DETENTION

Haroonshouldbe releasedas he couldnot havebeena simultaneousmember ofHIAandAl Qaida,norwas he responsiblefor any affiliationthat mayhaveexisted with Al Qaida.U.S.official documents (publishedby the New York Times) show that the U.S. has effectively determined that a member of HIA could not simultaneouslybe a memberof another organization,such as Al Qaida. See New

York Times,GuantánamoDocket.The U.S.officialdocumentsalso indicatethat the

U.S.does notholdjunior membersof HIAresponsiblefor liaisonswithother groups that were compelled by senior HIA officers. Senior leadership of HIA has also confirmedthat relativelyjunior membersof HIA couldnot haveany affiliationwith another group withoutbeingdirectedto do so by the seniorleadership.

14 In the present case, Haroon may have had some loyalty to HIA, who sponsored the refugee camps where he grew up. Yet he could not have simultaneouslybeen a memberof HIA andAlQaida,and if he had interactedwith

Al Qaida,it would have been only becausehe was directedto do so by seniorHIA leadership.Hewould not,in other words,have acted of his ownvolition.Rather,he wouldhavefollowedthe directionof his superiors,who have meanwhilerenounced

Al Qaida and cut all ties to it.It is beyond perverse that Haroonwould remainin custody for actions directed by his superiors, when those same superiors have disavowedany priorrelationshipsand havejoinedthe Afghangovernment.

Even if Haroon had had some kind of loose association with Al-Qaida,as required by his superiors – a propositionwhere Amicus takes no position – his detentionwould not be justified as allother allegedHIA memberswith association to Al Qaida or the Taliban have been released from Guantánamo. This has presumablybeendone becausethe U.S.respectsthe PeaceAgreementbetweenHIA andAfghanistan,and recognizesthat junior membersshouldnot be heldresponsible for links to Al Qaida that were directed by leadership and have since ended.

Appendix B describesthe details of the forty-fiveHIA memberswho were released from GuantánamoBay.A majorityof the HIAmemberswere allegedto havesome kind of affiliation with Al Qaida, Taliban, or both. For example, Haji Wali

Mohammedwas allegedlydetainedforfacilitatingmoneytransfersforAlQaidaand

15 the Taliban but was released in January 2017. Similarly,Muhibullah,who was alleged to be an HIA sub-commander,was released even though he supposedly professedto be a Talibanfighterand supporter.RahmatullahSangaryar,allegedto be a directorof the HIA celloperations,was also releaseddespite being said to be a former Taliban commander with links to Al Qaida. The U.S. even released

Hamidullah,allegedto be an HIAsub-commanderwithextensivefamilialties to the

Taliban.

There are no facts which distinguishHaroonfrom these other HIA detainees or which justify his continued detention.Despite Respondent’scontentionthat he may have once had some kindof ties to Al Qaida,there is no reasonwhy he should continueto be detainedwhenall other HIA membersallegedto have comparableor greater ties have been released. Haroon should be released,just as all other HIA membershave been released.

CONCLUSION

THEREFORE,Amicus respectfullysubmits to this HonorableCourt that the writ of habeas corpus should issue and Petitioner Asadullah Haroon should be repatriatedas soon as possible.

16 Dated:February8,2021 Respectfullysubmitted,

______/s/______Francis A. Vasquez,Jr. [Bar # 442161] F.A.VASQUEZ CONSULTING 2109 Arrowleaf Drive Vienna,VA 22182 (571)363-7747 [email protected]

Joseph Margulies PROFESSOR OF THE PRACTICE OF LAW AND GOVERNMENT 243 MyronTaylor Hall CornellUniversityLaw School Ithaca,NY 14850 (607)255-6477 [email protected]

Counselfor Amicus Curiae

17 APPENDIX Appendix A

Peace Agreement Hezb-e-Islami & the Government of the Islamic Republic of Afghanistan (English Language Version)

Article One: With strongand unshakablefaith to Allahthe Almightyand sincere beliefinthe holy religionof Islam,bothpartiesoblige themselvesto unconditionalobedienceof the lofty principles of thisreligionand set it as their goal.

Article Two: Both parties believe that the religious principles and guidelines would be the main pillar of all laws and government performance, as the second and third articles of the country’s constitution also emphasize that the holy religion of Islam isthe official religion of the Government of Islamic Republic of Afghanistan and no law could be against the beliefs and orders of Islam, the holy religion in Afghanistan.

Article Three: Both parties believe that all people both man and woman, enjoy equal rights and responsibility before law without discrimination and without concession. The single and united Afghanistan belongs to all brave tribes and people of this territory and national sovereignty is the unquestionable right of nation that enforces it directly or through its elected representatives.

Article Four: Both parties support the withdrawal of foreign military forces based on agreements for strengthening the national sovereignty and interests of the country and believe that through this unity and solidarity, the inhabitants of Afghanistan can halt the crisis that stems from war, and confront threats.

Second Chapter: The parties’ commitments

First section: commitments of the Government of the Islamic Republic of Afghanistan

Article Five: The GoIRA guarantees that with the signing of this agreement, in contact with the UNSC and all concerned governments and bodies, they will initiate the removal of sanctions imposed on the HIA, its leader and members by submitting an official request for the removal of sanctions, and for the permanent termination of war, and the restoration of a sustainable peace and security in Afghanistan. The Afghan government is also obliged to make all possible efforts, using all available resources, to remove every kind of sanction against the leader and members of HIA as quickly as possible.

Article Six: Simultaneouswiththe signingof this agreement,the GoIRAofficiallyannouncesthat the leader and other prominent dignitaries of HIA can freely live anywhere in this country according to prevailing laws and the GoIRA obliges itself to provide essential and suitable conditionsfor implementationof this objective.

Article Seven:TheGoIRApledgesto announceofficiallythe right to full politicalactivityof Hezb- e-Islamiin all socio-politicalareas in accordancewith the laws of the country,and will cooperate in its implementation,such that Hezb-e-Islamican attendparliamentary,presidential,provincial and municipalityelectionsand have its candidatestake part.

1 Article Eight: The GoIRA pledges that, in consultation with political, civil and government institutions of the country, it will pave the way towards further reform of the electoral process and will submit specific plans in this regard. The government also commits to pave the way for attendance of HIA in the reform process of electoral system. If due to shortage of time the reforms of electoral system can’t be completed in time for the upcoming election, the government in consultation with all concerned institutions will be committed to amend the electoral system based on a proportional party electoral system. Similarly, the presence of HIA in electoral structures will be ensured according to the law.

Article Nine:The jihadileaderof AfghanistanGulbuddinHekmatyarwill be particularlyrespected and honoredwith a specialdecree by the presidentof the GoIRAfor ensuringpeace in the country as well as his efforts for liberationof Afghanistan.

Article Ten: The leader of Hezb-e-Islamimay choose two or three suitableplacesfor his residence in Afghanistanandthe governmentwill provideessentialsecurity and reasonableexpendituresfor him.

Article Eleven: Upon the signing of this agreement, the GoIRA guarantees the judicial security of leader and members of Hezb-e-Islami concerning the past political and military steps. The GoIRA pledges to release prisoners and captives of HIA that include the agreed list and who have not committed criminal crimes and there would be no personal claims by certain individuals against them, in no later than three months, through a commission that will be formed for this purpose. HIA commits that the released members of Hezb-e-Islami will not take up arms against the GoIRA and will not join any illegal and terrorist armed group. Supervision over the settlement of any differences in this connection will be turn over to the joint executive commission and will be enforced with good will.

Article Twelve: For further strengthening of the NUG and towards the creation of trusting atmospherebetweenGoIRA and HIA, the leading body of the GoIRApledgesthat the HIAwill be included in the consultative process for the arrangement and implementationof important governmentand nationalpolicies.

Article Thirteen:The GoIRAobligesitself to provide conditionsfor the presence and partnership of HIAingovernmentinstitutionsaccordingto constitution.The properandacceptableframework for implementationof this issue will be arrangedby the HighPeaceCouncilin coordinationwith the HIA delegationand will subject to recommendationto the presidentialauthority.

Article Fourteen:TheGoIRApledgesto recruiteligibleHIA individualsandcommanderswhoare interestedto servein the country’ssecurity anddefenseforces.The GoIRAiscommittedto prepare the groundof their legaland honorableintegrationinto society.The implementationof thisarticle will be arrangedthroughjoint executivecommission.

Article Fifteen: The separation period of those HIA officials and officers who had previously served in government departments and were dismissed will be calculated as their service period

2 according to law if they submit legal documents. Their recruitment will be take place according to law.

Article Sixteen: The GoIRA pledges to undertake comprehensive measures including providing pieces of land for accommodation with essential resources, in Kabul and other provinces, for the settlement of problems of refugees in Camp Nasrat Meena and other Afghan refugees in Pakistan and Iran, and their voluntary, honorable and sustainable repatriation to the homeland. In this direction, the GoIRA agreed, as the first step, to pave the way for the voluntary repatriation of about 20000 refugee families with the help of the international community. Meanwhile the GoIRA undertakes to take essential measures with respect to HIA martyrs and the problems of handicapped relatives in the same manner as other martyrs and relatives in the country. Implementation of this program will be arranged by the joint executive commission.

Article Seventeen: Repatriation of HIA members and officials who are living out of the country will take place according to this agreement.

Second section: commitments of the Hezb-e-Islamiof Afghanistan.

Article Eighteen: Following the official announcement of this agreement of the HPC [High Peace Council] of the GoIRA, HIA will officially commit to carry out activities as an important political party in the country’s interests, towards permanent cessation of war and violence and ensuring of reliable peace in the country, respect for the constitution, the establishment of a permanent truce, the end to military escalation and provocations, and to dissolve its military structures. The joint executive commission will adopt essential measures for implementation of this article as soon as possible. Hezb-e-Islami of Afghanistan commits to release those detainees who are in captivity with the signing of this agreement as quickly as possible and hand them over to the Afghan government. The GoIRA undertakes essential measures for security of HIA individuals.

Article Nineteen: HIA pledges after the signing of this agreement not to establish any relations with illegal armed organizations and terrorist groups and not to support them.

Article Twenty:HIA obligesitself to cooperatewith the NUGas a politicalparty in the defense of the country,and ensuringreliable security throughoutthe country,and will activate its offices in the capital and provincesas an official politicalparty.

Article Twenty-One: HIA is completely prepared to make efforts towards ensuring permanent peace and stability in Afghanistan, realizing its religious and historical responsibilities.

Article Twenty-Two:Uponits signing,this agreementwill be an officialdocumentbetweenthe GoIRAand HIAwithmanagementand mediationby the AfghanistanHighPeaceCouncilandwill be implemented.Every changethat is requestedafter the signingof this documentby one of the parties should be in written form, and after both sides’ agreement,shall be insertedto the main document.

Article Twenty-Three: Both sides agree upon creation of a joint executive commission formed from the both parties authorized representatives for supervision and comprehensive

3 implementation of this agreement. The said commission would carry out activities, monitored by the HPC of the GoIRA.

Article Twenty-Four: In case of emergence of any possible difference in this agreement, both partiesagree to settle the differencethroughfriendly consultationand negotiationsand with good will in the joint commissionthat is comprisedof both sides and which will carry out its activities under the managementof HPCwhich will determine its members.

Article Twenty-Five:This agreementhas beenarrangedin three chaptersandtwenty-five articles that would be signed by both sides. Presidentof the GoIRAMohammadAshraf Ghani,chairman of HIAdelegationGulbuddinHekmatyar,chairmanof HPC Peer SayedAhmadGailaniand head of the HIA peace delegation,MohammadAmeenKarim.

4 Appendix B

ALLEGED HIA MEMBERS HELD IN GUANTÁNAMO BAY 2002-PRESENT

GTMO Alleged Al-Qaeda Alleged Hizb-e Islami Name Alleged Taliban Affiliation Departure Affiliation Affiliation "Arranged for al-Qaida "Taliban Deputy Minister of Detainee had "direct access" personnel to train Intelligence.''Central to Taliban to "HIG leader Hekmatyar Taliban intelligence efforts to form alliances with Gulbuddin" and "sought 5/31/14 staff in intelligence other “Islamic fundamentalist support" from HIG. methods". groups". Abdul Haq Wasiq "Associatedwith "One of the most significant, "Detainee is an associate of membersof al-Qaida". former Taliban officials detained the HIGdating from the at JTF-GTMO"."Detainee was Soviet Jihad in Afghanistan MullahNorullah directly subordinate to Taliban and continuing untillate 5/31/14 Noori Supreme Leader MullahOmar, 2001" Provided weapons to commandedTaliban forces in HamidullahTokhi,who northernAfghanistan". deliveredthem to Gulbuddin.

"Had operational "Taliban Deputy Minister of "Associated" with the HIG. associations with Defense during Operation

Mullah Mohammad significant al-Qaida EnduringFreedom…admitted 5/31/14 and other extremist senior commander who served as Fazl personnel". Chief of Staff of the Taliban Army".

"Has been determined Detainedfor "possible knowledge "Detainee has been working that this detainee is not of JalaluddinHaqqani's for HIG since it began".HIG a member of… Al- safehouseswithin the village the is listed in the US Terrorist Mohammad Gul 4/18/05 Qaida". detainee lived in" (Taliban OrganizationReference Minister of Frontiers and Tribal Guide. Affairs)."Detaineeis not a member of the Taliban”. None found. “One of detainee’ssisters is "Assessed as having marriedto Mullah Mohammad knowledge…of Gulbuddin Omar,the TalibanSupreme Hekmatyar'sforces and Commander”.Assessed as not leaders in Afghanistan". 9/18/04 being a Talibanleader,"however detaineeis assessed as having knowledge of Taliban leadership". Noor Allah "Assessed as not being Assessed as a "Taliban fighter Detainee is associated with a member of Al- and supporter" (not leader). the HIG,in particular "Sayed Qaeda". Detainee is a "self-professed Shah Agha", a "HIG sub- Muhibullah 7/19/05 Taliban volunteer” and was commander". “assistant to the Taliban civil mediator”. Detainee "reportedto "Detainee reported to be a "Detainee is associated be a primary financier primary financier for…the with… Hezb-i-Islami for al-Qaida".He Taliban" and "associated with the Gulbuddin".“Detainee has “facilitated money highestleaders" in the Taliban.1 ties to several membersof HajiWali transfers for Al-Qaeda He was detainedfor information terrorist organizations, 1/19/17 Mohammed weapons purchasesand on the "funding of the Taliban including familial ties to terrorist operations”. Government"and "startedhis Gulbuddin Hekmatyar,the businessin Afghanistan only after leader of the HIG”. the Talibantook control".

5 "Not a member of Al- “Assessed as being a probable Detainee had "suspected 4/18/05 Qaeda". Taliban leader". involvement with the local Padsha Wazir HIG insurgent movement”. Detainee “assessed as a Not a Taliban leader. Detained for possible probable facilitator of “knowledge of militant Sabar Lal Melma 9/28/07 Al-Qaida members". groups like Hezb-I- Islami Gulbuddin (HIG)”.

Not affiliated with Al- Not a Talibanleader.Detained Some affiliation with HIG - Qaeda. for “suspected involvementwith “Detainee worked for Yar subversive elements”.Alleged Khan” who "is a known HIG 4/18/05 that he “arrangeda meeting for member”.Previously in Shah MohammedJan, the local prison “with two of his Taliban leader”. friends who were members Qalandar Shah of the HIG”. Detainee alleged to Some affiliationallegedthrough Detainee “assessedas a have some “contact HIG. probable member of the with extremists such as Hezb-e-IslamiGulbuddin an Al-Qaida Khowst (HIG) who providedsupport bomb-making cell”. to extremistgroups”;

10/11/06 “Detainee admittedworking for the HIG,possibly as far back as the late 1980s.He was capturedwith HIG documents.”

Khandan Kadir Detainee had "strong “Detainee was a senior Taliban Detainee had "strong operational ties" to Al- officialwho served in multiple operational ties" to "Hezb-e- Qaeda and was a leadershiproles” (includingChief Islami Gulbuddin (HIG)”. “member of a joint Al- of Communication).“One of the MohammadNabi Qaeda/TalibanACM most significantformer Taliban 5/31/14 Omari cell inKhowst”. leadersdetained at JTF-GTMO” who “has specific informationon the Talibanand Haqqani’s extensive network”.

None found. “Detainee has been identified as a Detained for information on Taliban machine gunner” during “Membersof the Hezb-i- the "rocket attack". IslamiGulbuddin(HIG) in the Konar Province”, Akhtar Mohammed 8/25/06 “membersof the government who were past HIG members” and “HIG operations and tactics”.

"Assessedas a member “Detainee is assessed as member Detainee linked to “HIG of… Al-Qaeda's of Taliban" and "of a 40-manunit personalities”. terrorist network".As organized in November 2001”. part of Unit,detainee's Detainedfor informationon 4/30/08 mission was to “severalmid-levelTaliban “provide security for military personalities” and Usama BinLaden”. “former Taliban militarysites”. Esmatulla

6 Detainee "probably has “Detainee is assessed as a former Detainee "was the director of links to… Al-Qaeda".1 Taliban commander”who “led the Hizb-i-IslamiGulbuddin over 4000 menagainstvarious (HIG) cell operations in enemies”.His“Taliban Kandahar,Afghanistan”. connectionsinclude the inner 4/30/08 circle of TalibanSupreme Leader Mullah MohammedOmar”. Detainedfor informationon Rahmatullah “Talibanground forces for the Sangaryar past 6 years”. None found. Previously fought against the “The detainee joined HIG for Taliban. a brief 4 monthperiodin the mid1990s,after which he broke off his association”, Abdul Rahim 3/14/04 but “no longer assessed as beingan HIGmember” and “nothing linking the detainee to the rocketattack”.

Detainee has "possible Taliban "conscripted detainee as a “Detainee is an admitted ties" to Al-Qaeda. guard and general labourer” for member of the Hezb-E- two months service. IslamiGulbuddin(HIG)." He has “has familialties to a high-levelHIG leader who remains active” and was

Shawali Khan 12/19/14 “recruitedinto the HIG for three to five years during the Soviet-Afghanwar”. Detainedfor informationon HIG cell structure, communications, intelligence”. None found. None found. Detainee “assessedas a probable member of Hezb-e- IslamiGulbuddin(HIG)” Mohamed Jawad 8/24/09 “trainedby the HIG to participate in attacks against US forces in Kabul”.

None found. "Detainee is assessed as a He has 'strong ties to Sher member of the Taliban." He has Wali' (HIG Commander). "connections with facilitators and Detainedto provide high-ranking individuals in the informationon “LET,HIG Taliban”. and other extremist Taj Mohammed 10/11/06 groups/sympathizersin Afghanistanand Pakistan”. "Detainee was a soldier in the Hezb-e-IslamiGulbuddin (HIG)”.

7 None found. "Detainee is associated to a Detainee “assessedas Hezb- number of Taliban and HIG E-IslamiGulbuddin(HIG) leaders". operative,who was involved in anti-coalitionactivitiesin Bamianprovince”. “Idenitifiedas a HIG mine specialist/expertfor Mullah 10/11/06 Nasim,the present HIG commander inMadr,AF”. Detainedto provide information“onMullah Nasim,HIG Commander”.

Faiz Ullah “Detaineewas not a Detainee was a member of the Detainee acted in a role "as a memberof Al-Qaeda”. Taliban and acted in a role "as a facilitator and logisticianfor facilitator and logisticianfor Talibanand HIG forces in Taliban and HIG forces in the the Kandaharregion of Kandahar regionof Afghanistan Afghanistan conducting Abdul Razzaq 12/12/07 conducting attacks on coalition attacks on coalition forces”. forces”.Detainedto provide Detained for knowledge of informationon “Talibansupport "HIG operationsin to anti coalition activities in Kandahar". Kandahar”.

Detainee captured "Detainee was a key logistical "Strong ties… to Hezb-e- because of “suspected facilitator… with direct and Islami Gulbuddin (HIG) affiliationswith Al- strong ties to Al-Qaeda, Taliban". operatives”. Qaeda".Detainedto Haji Niam Kuchi 9/18/04 “provide information on the escape of Arab Al-Qaeda members into Pakistan”.

“Substantialties to Al- Detainee was an ACM "Substantialties to… Hezb- Qaeda". commanderin UOM.His leader e-IslamiGulbuddin(HIG)”. was “subordinate to Jalaluddin Haqqaniand Haqqani’s network”. It is “likely detainee was a commanderof the Haqqani Swar Khan 10/11/06 network”.He "is a member of the Taliban" and “former intelligence officer for the Taliban”.

Detainee a "member of Detainee “assessedto have been a Detainee has a “history of the Taliban and member of a reported 40-man involvement with… Hezb-e- associated with Al- Taliban-allignedmilitia unit Islami Gulbuddin (HIG)”. Qaeda". established by HelmandProvince warlordAbdulRaisWahid…to conduct assassinations, kidnappingsand ambushes”. Detainedfor informationon acquisition and transportationof rockets”and “future attacks” (playedpart in Kandahar air base Abdul Ghani 12/19/14 attacks).

8 “Detainee is assessed None found. “Detainee is assessedas a as a probableassociate probable associate and and supporterof Al- supporter of… Hezb-i- Qaeda".Detainedto Gulbuddin(HIG)”.Detained provide “information to provide knowledgeon on severalkey Al- “detainee’s role and position Juma Din 9/28/07 Qaeda facilitatorsand within the HIG” and “HIG operatives”. operations and logistics”.He was "reportedlywas a main advisor to a Hezb-e-Islami Gulbuddin(HIG) leader”.

“Detainee is assessed “Detainee is assessed as a “Detainee has or had a as a commander of the commander of the Taliban and number of associates that are Taliban and Al- Al-Qaeda’sterrorist network”. or were connected to Hezb-e- Qaeda’s terrorist Detainedfor "knowledge of IslamiGulbuddin(HIG)”. Abdul Zahor 12/15/06 network”. individuals involvedin terrorist actions planned or committed against USforces”.

"Not a member of Al- “FromMarch to June of 2001, "Detainee was identifiedas Qaeda". detaineeworked for the Taliban beingin charge of Hisb-i- with twenty other individuals on IslamiGulbuddin(HIG) a road constructionproject”. operations in Jalalabad”.It Detainee “worked for Engineer was alleged that “detainee Mohammed Basheer,the Minister of Public attended a meetingin 11/2/07 Quasam Works and the head of the Pakistanwith other leadersof project”. HIG and the Talibanto discuss operationsagainst UnitedStates Forces in December 2002”.

Detainee was an ACM Detainee "closely linkedwith the Detainee "closely linked member,“assessed to Taliban" - detained for with… Hezb-i-Islami be affiliated with Al- informationon which “senior Gulbuddin (HIG)”. Qaida’s terrorist Taliban and Al-Qaida members Alif Mohammed 12/15/06 network due to his are knownto receive safe haven extensive history with at Baghrani’s compound”. mujahideen".

“Detainee is assessed Some affiliationallegedthrough “Detainee is assessedas a as a Hezb-e-Islami HIG. Hezb-e-IslamiGulbuddin Gulbuddin(HIG) (HIG) commander with links commander with links to Al-Qaida and its global to Al-Qaida and its terrorism network”. global terrorism “Detainee succeeded his Hiztullah Nasrat 11/2/07 network”. father as a HIGcommander”. Yar Detainedfor "knowledge of GulbuddinHekmatyar"and "great deal of knowledge of HIG operationsin Afghanistan".

9 “Detainee is assessed “Detainee is assessed as a senior Detained for information on as a senior level ACM level ACM facilitator with “Al-Qaeda/Taliban/HIG facilitator with significantties to Al-Qaida and members and activity in the significant ties to Al- Taliban personnel”.Detainee had Zormat area”.

HafizullahShabaz Qaida". access to senior Taliban 12/12/07 Khail personnelincludingSaifullah RahmanMansour.It is alleged that the “detainee is a memberof the Taliban”.

Detainee was a membr None found. “Detainee is possibly a of Hezb-e-Islami member of Hezb-e-Islami Gulbuddin(HIG)- Gulbuddin(HIG)” - "an which has long accomplice in an April 2003 established ties with HIG planto use a car bomb Mohammed Al-Qaeda. to attack the Afghan 7/22/10 MustafaSohail PresidentialCompoundand the US Embassy inKabul”. Detainee "was in regular contact with HIG Commander”(Chaman Gul).

"Detainee is not None found. Detainee is "an admitted member of Al-Qaeda”. retired HIGcommander who turned his command over to his sons”.Detainee "was a Haji Nasrat Khan 8/28/06 localHIG commander", "active with the HIG since the Soviet occupation"until he retired.

“Detainee is assessed None found. Detainee is "probably a as affiliated with al- rankingmember of the Qaida and its global Shinkay Village cell of the terrorist network”. Hezb-e-IslamiGulbuddin (HIG)." "Detainee's brother, 11/2/07 Ahmed,is the HIG commander of Shinkay village" - detainee served as deputy.

Nahir Shah None found. Detainee worked for Hamidullah “It is assessed that the - he "says that Hamidullahsided detainee is a member of the with the Taliban followingthe HIG due to his close and occupation”.Detained for long-termassociationwith Nasibullah 4/18/05 informationon membersof the Hamidullah”.Detainedfor Taliban "within his district of informationon "membersor Zabol province". supporters of HIG,Hizb-e- IslamiKhalis(HIK)".

10 “Assessed as a high- Some affiliation alleged through Detainee “assessedas a high- rankingmemberof the HIG. rankingmember of the Hezb- Hezb-e-Islami e-Islami Gulbuddin(HIG) Gulbuddin(HIG)with with ties to Al-Qaida." ties to Al-Qaida and its Detainee “was a high-ranking global terrorism HIG operationsofficer network”.Detaineehas who…orchestrateda planto

Gul Chaman 12/12/07 "linksto key assassinate President facilitatorsin Al- Karzai”.He "workedfor the Qaeda's international HIG untilHekmatyarbecame terrorist network". Vice-Presidentof Afghanistan”.

Detainee was a Detainee was "a member of the Detainee was an ACM "member" of Al-Qaeda. Taliban" who “worked for the member with "direct ties to Taliban 40-man militia group Hezb-e-IslamiGulbuddin under a known Taliban (HIG) commandersMullah commander”. HajiSatar,Mullah Abdul Basir,and MullahAbdul Abdul Hafiz 12/19/09 Hakim”.He hadfrequent direct access to senior HIG and Talibancommanders based in Quetta”.

None found. Detainee was an ACM member of Detainee was an ACM a group “led by a man named member of a group “led by a Satar,whichconsisted of mannamedSatar,which numerous Taliban and Hezb-e- consisted of numerous IslamiGulbuddin(HIG) Talibanand Hezb-e-Islami members”.He was "associated Gulbuddin(HIG) members”. Abdul Ghaffar 12/12/07 with the Taliban" and "suspected Detained for knowledge on of being a bodyguardof the “HIG associatesand individualresponsiblefor the affiliations”. killingof Red Cross personnel”.

11 None found. None found. “Detainee is assessedas a high level Hezbi-e-Islami Gulbuddin(HIG) commander".Detainee “assessedto have personal knowledgeof Gulbuddin Hekmatyarand the HIG organizationplanningand operations cycles”.Detainee “had a HIG identification card on his person when he was captured” and was Akhtiar 12/15/06 alleged to be the "HIG Mohammed commander inchargeof the SeyyedKaramdistrict”.

None found. None found. Detaineewas “capturedin a HIG safehouse after intelligencereportedthat two high-rankingHIG members were residingthere”. "Detainee is assessed as a high-rankingmember of the NasserGul 2/28/07 Hezbi-e-IslamiGulbuddin Ghaman (HIG)".Detainedto provide "a great deal of information regardingthe HIG’s operationalcapabilities,how the HIGinteracts with other Islamic extremistgroups”.

"Not a member of Al- Not a memberof the Taliban. “Detainee is a member of Qaeda". Hezb-e-IslamiGulbuddin (HIG)” who “held a meeting of senior HIGofficials at his residence”.He was allegedly

Sharbat 2/8/06 “actively seekingnew recruits and former HIG members to join the organizationin the Kabul area”.

None found. “Detainee is a member of the Detainee “assessed as being a Taliban”, who “admitted he member of the HIG and joined the Taliban in 1998”. involved in ACM activities”. Mohammed Aman 10/11/06 Detained for information on “HIG and the Taliban".

12 None found. “Detainee is a Hezb-e-Islami “Detainee is one of the most Gulbuddin(HIG) sub-commander significantformer Afghan with extensive familial ties to HIG members detainedat HIG leadership and the Taliban”. JTF-GTMO”.Detainee joined "the HIG in the 1980s” as a “vice Hamidullah 8/15/16 commander to fight the Sovietoccupationforces”. As a HIG sub-commander, he had"extensivefamilial ties to HIGleadershipand the Taliban”.

None found. None found. “Assessed that the detainee is a member of the HIG and/or part of Anti Coalition activities against the US”.He Hukumra 4/18/05 allegedly was “working for Essa Khan,a known HIG member”.

13 CERTIFICATEOF SERVICE

I certify that on February 8, 2021, I caused a true and correct copy of the foregoingto be servedelectronicallythrough the Court’selectronicfilingsystem.

Respectfullysubmitted,

______/s/______Francis A. Vasquez, Jr. [Bar # 442161] F.A.VASQUEZ CONSULTING 2109 Arrowleaf Drive Vienna, VA 22182 (571) 363-7747 [email protected]

Joseph Margulies PROFESSOR OF THE PRACTICE OF LAW AND GOVERNMENT 243 MyronTaylor Hall Cornell University Law School Ithaca,NY 14850 (607) 255-6477 [email protected]

Counselfor Amicus Curiae