[Congressional Record Volume 160, Number 26 (Wednesday, February 12, 2014)]
[Senate]
[Page S957]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         SUBMITTED RESOLUTIONS

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    SENATE RESOLUTION 355--CALLING ON THE GOVERNMENT OF THE ISLAMIC 
 REPUBLIC OF AFGHANISTAN TO CEASE THE EXTRA-JUDICIAL RELEASE OF AFGHAN 
  DETAINEES, CARRY OUT ITS COMMITMENTS PURSUANT TO THE MEMORANDUM OF 
   UNDERSTANDING GOVERNING THE TRANSFER OF AFGHAN DETAINEES FROM THE 
 UNITED STATES CUSTODY TO AFGHAN CONTROL AND TO UPHOLD THE AFGHAN RULE 
    OF LAW WITH RESPECT TO THE REFERRAL AND DISPOSITION OF DETAINEES

  Mr. GRAHAM (for himself, Mr. Donnelly, Mr. Chambliss, Mr. Blunt, Ms. 
Ayotte, Mr. McCain, Mr. Blumenthal, Mr. Inhofe, and Mr. Levin) 
submitted the following resolution; which was referred to the Committee 
on Foreign Relations:

                              S. Res. 355

       Whereas, on March 9, 2012, Afghan General Abdul Rahim 
     Wardak and United States Marine General John Allen signed a 
     Memorandum of Understanding in which the United States 
     reaffirmed its commitment to transfer Afghan nationals 
     detained by the United States Armed Forces at the Detention 
     Facility in Parwan (DFIP) to Afghanistan, provided that the 
     Government of Afghanistan establish an administrative 
     detention regime under its domestic law and comply with its 
     international obligations with respect to due process;
       Whereas, on March 25, 2013, a Memorandum of Understanding 
     between the United States and Afghanistan called for the 
     creation of an Afghan Review Board (ARB) to convene under 
     Afghan law to determine the disposition of all Afghan 
     detainees;
       Whereas, in the event of a dispute over the disposition of 
     detainees, the March 2013 Memorandum of Understanding also 
     commits the Government of Afghanistan to exchange views and 
     information between the Minister of Defense and the Commander 
     of United States Forces, Afghanistan before any detainee is 
     released;
       Whereas the Government of Afghanistan has announced the 
     imminent release of 65 dangerous individuals from the DFIP 
     without referral to the Afghan justice system, despite 
     evidence showing these detainees have engaged in violent 
     crimes against the Afghan people and under protest from 
     United States Forces, Afghanistan;
       Whereas detainees from this group of 65 are directly linked 
     to attacks wounding or killing 32 United States or Coalition 
     Forces and attacks wounding or killing 23 Afghan National 
     Security Forces or Afghan civilians;
       Whereas the United States Government has declassified and 
     provided hundreds of pages of evidence and investigative 
     leads to the ARB;
       Whereas the Justice Center in Parwan has successfully 
     adjudicated more than 3,000 criminal cases of individuals who 
     committed acts of terror against Coalition Forces, Afghan 
     National Security Forces, and the people of Afghanistan;
       Whereas there is a legitimate force protection concern for 
     the lives of Coalition Forces and Afghan National Security 
     Forces if any disputed individual is released, since the 
     primary weapon of choice is the improvised explosive device, 
     which also poses a significant threat to Afghan civilians;
       Whereas there is evidence that some detainees already 
     released by the ARB have rejoined the fight against Coalition 
     Forces;
       Whereas, despite evidence to the contrary, President of 
     Afghanistan Hamid Karzai stated the prisoners set to be 
     released are innocent and must be released;
       Whereas releasing the dangerous detainees deprives the 
     people of Afghanistan of their day in court and undermines 
     the rule of law in the country;
       Whereas the release of detainees under these conditions is 
     not authorized, and the ARB is performing an extra-judicial 
     function, contrary to the rule of law in Afghanistan; and
       Whereas this extrajudicial action harms the prospective 
     Bilateral Security Agreement between the United States and 
     Afghanistan for post-2014 United States military presence in 
     the country: Now, therefore, be it
       Resolved, That the Senate--
       (1) insists President of Afghanistan Hamid Karzai honor the 
     terms included in the Memorandum of Understanding, dated 
     March 25, 2013;
       (2) insists that if the Afghan Review Board (ARB) will not 
     follow the conditions set forth in the Memorandum of 
     Understanding, that the ARB shall be dismantled and the 
     National Directorate for Security (NDS) and Afghan 
     prosecutors shall determine how to handle the remaining 
     detainees;
       (3) urges close and continuing communication between the 
     Minister of Defense and the Commander of United States 
     Forces, Afghanistan prior to the release of any detainee;
       (4) urges the Government of Afghanistan to cease the extra-
     judicial release of detainees and instead refer the dangerous 
     individuals and the remainder of the ARB cases for 
     prosecution at the Justice Center in Parwan or for 
     investigation by the NDS; and
       (5) calls on the Secretary of State to consider the 
     Government of Afghanistan's adherence to existing detainee 
     memoranda of understanding in implementing the certification 
     requirements for assistance for Afghanistan under section 
     7044(3) of the Department of State, Foreign Operations, and 
     Related Programs Appropriations Act, 2014 (division K of 
     Public Law 113-76).

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