Defying US, Afghanistan to Free Prisoners Accused of Killing Americans

KABUL, Afghanistan - President Hamid Karzai of Afghanistan on Thursday ordered the release of dozens of prisoners accused of having American blood on their hands, intensifying his showdown with Obama administration officials after weeks of confrontation and warnings that he risked losing American troop support.

The move instantly cast more doubt on the prospects of a long-term security agreement between the two countries that has been held up for weeks, and threatened to plunge relations to a new state of crisis. American officials have said that releasing the prisoners without a trial would violate an agreement on detainees last year that was considered a cornerstone of the broader security deal now up in the air.

Further, Afghan officials increased the stakes with a fresh accusation that the United States was still operating illegal 'black prisons' where detainees are tortured. And a close aide to Mr. Karzai suggested that the Afghan government may soon consider releasing more prisoners whom the Americans consider even more dangerous than the ones ordered to be set free on Thursday.

'This is certainly not the end of the story,' said the aide, Aimal Faizi, in an interview on Thursday. 'There are certainly others that we need keep looking at because they have been in some cases for years for unknown reasons.'

As for the 72 detainees ordered freed on Thursday, 'we have the right to release the men,' Mr. Faizi said. 'The Americans know very well they do not have anything that is solid against these detainees.' He characterized some of the evidence as being nothing more than fingerprints on guns, noting that almost everyone in Afghanistan owns a gun.

The announcement from Mr. Karzai's office came late Thursday afternoon, the last day of the Afghan working week, and American officials said they were trying to get a full accounting of the decision and figure out how to react.

But since American officials first leaked word of the planned release last week, they have warned that summarily freeing the detainees could make it untenable for American politicians from President Obama on down to support a continued military presence in Afghanistan, scuttling a final push to seal the post 2014 security deal, they said.

Western officials have warned that without the troop deal, the United States and its European allies are likely to cut off billions of dollars in promised aid, on which this country depends to pay for everything from bullets to drinking water for its soldiers and police officers.

The prisoners to be released are being held near Bagram Air Field at what was the main American prison in Afghanistan until March, when it was transferred to Afghan authorities. The transfer came after more than a year of contentious negotiations, and it seemed to have drawn a final curtain on what had been a long-running and bitter dispute between Mr. Karzai and his American backers.

But now, with the troop deal already in limbo because of Mr. Karzai's insistence that he wants to wait until the spring to sign it, renewed acrimony on the issue is threatening to tear apart what is left of the already tattered relationship between the United States and Afghanistan.

American officials have directly stated that releasing the prisoners, over American objections, would violate the prison transfer deal and raise questions about whether the Afghan government would respect any future agreements - a clear reference to the security pact, which is the only future deal under consideration at the moment. Senators Lindsey Graham of South Carolina and John McCain of Arizona, two of the most ardent Congressional supporters of American involvement in Afghanistan, said last week during a trip to Kabul that releasing the prisoners could provoke Congress to slash aid to Afghanistan.

Afghan officials, though, have portrayed the releases as a matter of justice for their citizens and insist that they are following Afghan laws, as is their right under the prison deal with the United States.

Mr. Karzai made his decision Thursday at a meeting with his top security and judicial officials and the three members of a commission that is reviewing the cases of prisoners held at the former American prison near Bagram, said Mr. Faizi, his spokesman.

Mr. Faizi said that for Mr. Karzai, the issue was separate from the long-term security deal. 'The president is doing exactly what he has to do as someone who is responsible for all Afghans,' he said. 'This is an internal matter of our own sovereignty. This not about our relationship with the United States.

He said it was now up to the commission and the prison authorities to decide the exact timing of the releases. The commission could not be immediately reached for comment, though one of its leading members, Abdul Shakor Dadras, said last week that the releases would begin soon after a final decision was made.

Since it was formed last year, the commission has set free 560 prisoners, and it has also recommended 114 be tried on accusations of insurgent activities. That left another 88 detainees whose cases had to be ruled on.

In late December, the commission decided there was not enough evidence and ruled that all 88 suspects should be freed. But the Americans and the National Directorate of Security, Afghanistan's main intelligence agency, which is supposed to make recommendations to the prisoner review commission, both objected and were given more time to come up with evidence against the prisoners.

Mr. Faizi said on Thursday that the directorate, after reviewing the evidence it could collect, ended up recommending that only 16 of the 88 be prosecuted.

'Some of these detainees have been held as long as seven years for unknown reasons,' he said.

Other Afghan officials said that was not the case. The security directorate had recommended many of the 88 be held for trial, but was overruled by Mr. Karzai, said one senior Afghan security official, who spoke on the condition of anonymity to avoid angering the president.

Mr. Karzai, according to the security official and another Afghan familiar with the president's thinking, saw freeing the prisoners as a way to accomplish two goals: He could potentially curry favor with the Taliban in hopes of bringing the insurgents to talks, and he could punish the United States for what he considers its insincere effort to initiate peace talks.

Mr. Karzai was also said to be upset over the reported revelations in a new memoir by former Defense Secretary Robert M. Gates about Mr. Obama's apparent dislike of the Afghan leader and his lack of faith in the American war effort here.

American officials say they have tried to initiate peace talks, but the Taliban have shown no real willingness to negotiate. The insurgents, for their part, have said for years that they will not talk with Mr. Karzai's government, which they deride as an 'American puppet.'

An adviser to Mr. Karzai suggested that his deepening animus for the United States was at least partly behind the decision to free the men. The adviser also argued that if the freed prisoners joined the Taliban and attacked American or Afghan forces, it would be because they had been tortured in prison.

'An official in the meeting told the president that these men have been tortured and kept in very bad conditions, and the president agreed,' the adviser said, also speaking on the condition of anonymity.

'Releasing them may cause problems for the Americans and it may cause problems for Afghan security forces,' the official said, but Mr. Karzai 'must do what is right for all Afghans.' He added, 'This includes people who are not in favor of the United States.'