Mohammed Fazl
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Mullah Mullah (; ) is an honorific title for Shia and Sunni Muslim clergy or a Muslim mosque leader. The term is also sometimes used for a person who has higher education in Islamic theology and sharia law. The title has also been used in some Miz ...
Mohammad Fazl ( ; born 1967) is the former acting Deputy Defense Minister of the
Islamic Emirate of Afghanistan Afghanistan, officially the Islamic Emirate of Afghanistan,; prs, امارت اسلامی افغانستان is a landlocked country located at the crossroads of Central Asia and South Asia. Referred to as the Heart of Asia, it is bordere ...
, serving from 7 September 2021 to 21 September 2021. He also served in the position during the previous
Taliban The Taliban (; ps, طالبان, ṭālibān, lit=students or 'seekers'), which also refers to itself by its state (polity), state name, the Islamic Emirate of Afghanistan, is a Deobandi Islamic fundamentalism, Islamic fundamentalist, m ...
government (1996–2001). He was held in the
Guantanamo Bay detention camp The Guantanamo Bay detention camp ( es, Centro de detención de la bahía de Guantánamo) is a United States military prison located within Guantanamo Bay Naval Base, also referred to as Guantánamo, GTMO, and Gitmo (), on the coast of Guant ...
s in
Cuba Cuba ( , ), officially the Republic of Cuba ( es, República de Cuba, links=no ), is an island country comprising the island of Cuba, as well as Isla de la Juventud and several minor archipelagos. Cuba is located where the northern Caribbea ...
for 12 years after being classified as an
enemy combatant Enemy combatant is a person who, either lawfully or unlawfully, engages in hostilities for the other side in an armed conflict. Usually enemy combatants are members of the armed forces of the state with which another state is at war. In the case ...
by the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
. His Guantanamo
Internment Serial Number An Internment Serial Number (ISN) is an identification number assigned to captives who come under control of the United States Department of Defense (DoD) during armed conflicts. History On March 3, 2006, in compliance with a court order from D ...
was 7. He arrived at the Guantanamo detention camps on 11 January 2002 and was held there until 31 May 2014. He was released, along with the other four members of the so-called
Taliban Five The Taliban Five were five Afghan detainees at Guantanamo Bay and former high-ranking members of the Taliban government of Afghanistan who, after being held since 2002, indefinitely without charges, were exchanged in 2014 for United States Army s ...
Khairullah Khairkhwa Khairullah Said Wali Khairkhwa ( ps, خیرالله سید ولي خیرخواه ; born 1967) is the current Afghan Minister of Information and Culture and a former Minister of the Interior. After the fall of the Taliban government in 2001, he ...
,
Abdul Haq Wasiq Abdul Haq Wasiq ( ; born 1971) is the current Director of Intelligence of the Islamic Emirate of Afghanistan since September 7, 2021. He was previously the Deputy Minister of Intelligence in the former Taliban government (1996–2001). He was hel ...
,
Norullah Noori Mullah Noorullah Noori ( ; born 1967) is the current Minister of Borders and Tribal Affairs of the Islamic Emirate of Afghanistan since 7 September 2021. He was also the Taliban's Governor of Balkh Province during their first administration (199 ...
, and
Mohammad Nabi Omari Mawlawi Mohammad Nabi Omari is a citizen of Afghanistan who was held for nearly twelve years in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba. His Guantanamo Internment Serial Number was 832. American int ...
—in exchange for the release of
United States Army The United States Army (USA) is the land service branch of the United States Armed Forces. It is one of the eight U.S. uniformed services, and is designated as the Army of the United States in the U.S. Constitution.Article II, section 2, cla ...
soldier
Bowe Bergdahl Beaudry Robert "Bowe" Bergdahl (born March 28, 1986) is a United States Army soldier who was held captive from 2009 to 2014 by the Taliban-aligned Haqqani network in Afghanistan and Pakistan. Bergdahl was captured after deserting his post on Ju ...
, a convicted deserter who had been held captive by the Taliban-aligned
Haqqani network The Haqqani network is an Afghan Islamist group, built around the family of the same name, that has used asymmetric warfare in Afghanistan to fight against Soviet forces in the 1980s, and US-led NATO forces and the Islamic Republic of Afghanis ...
.


Background

Not much is known about Fazl's past. He belongs to kakar tribe of pashtun and he previously served as the Deputy Minister of Defense during the 1996–2001 rule of the
Islamic Emirate of Afghanistan Afghanistan, officially the Islamic Emirate of Afghanistan,; prs, امارت اسلامی افغانستان is a landlocked country located at the crossroads of Central Asia and South Asia. Referred to as the Heart of Asia, it is bordere ...
.Lawmakers may seek to block Taliban transfer
by Mark Hosenball and Missy Ryan. January 6, 2012.
name=UyghurCongress2006-04-28> American
intelligence analysts Intelligence analysis is the application of individual and collective cognitive methods to weigh data and test hypotheses within a secret socio-cultural context. The descriptions are drawn from what may only be available in the form of deliberate ...
estimate that Fazl was born in 1967, in Sekzi, Caher Cineh District, Uruzgan Province, Afghanistan. He negotiated an amnesty with the Afghan
Northern Alliance The Northern Alliance, officially known as the United Islamic National Front for the Salvation of Afghanistan ( prs, جبهه متحد اسلامی ملی برای نجات افغانستان ''Jabha-yi Muttahid-i Islāmi-yi Millī barāyi Nijāt ...
leader
Abdul Rashid Dostum Abdul Rashid Dostum ( ; prs, عبدالرشید دوستم; Uzbek Latin: , Uzbek Cyrillic: , ; born 25 March 1954) is an Afghan exiled politician, former Marshal in the Afghan National Army, founder and leader of the political party Junbish- ...
. It is alleged that he is responsible for killing thousands of Shi'a Afghans between 1996 and late 2001.


Held aboard the USS ''Bataan''

Former Taliban Ambassador to
Pakistan Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a population of almost 24 ...
Abdul Salam Zaeef Mullah Abdul Salam Zaeef (; born 1967) is an Afghan diplomat who was the Afghan ambassador to Pakistan before the US invasion of Afghanistan. He was detained in Pakistan in the fall of 2001 and held until 2005 in the Guantanamo Bay detainment c ...
described being flown to the
United States Navy The United States Navy (USN) is the maritime service branch of the United States Armed Forces and one of the eight uniformed services of the United States. It is the largest and most powerful navy in the world, with the estimated tonnage ...
's amphibious warfare vessel, the , for special interrogation. Zaeef wrote that the cells were located six decks down, were only 1 meter by 2 meters. He wrote that the captives weren't allowed to speak with one another, but that he ''"eventually saw that Mullahs Fazal, Noori, Burhan, Wasseeq Sahib and Rohani were all among the other prisoners."'' Historian
Andy Worthington Andy Worthington is a British historian, investigative journalist, and film director. He has published three books, two on Stonehenge and one on the war on terror, been published in numerous publications and directed documentary films. Artic ...
, author of ''
The Guantanamo Files The Guantánamo Bay files leak (also known as The Guantánamo Files, or colloquially, Gitmo Files) began on 24 April 2011, when WikiLeaks, along with ''The New York Times'', NPR and ''The Guardian'' and other independent news organizations, began ...
'', identified Fazil as one of the men Zaeef recognized.


Release negotiations

Most Afghans had been repatriated to Afghanistan by 2009. Throughout the fall of 2011 and the winter of 2012, the United States conducted peace negotiations with the Taliban, and widely leaked was that a key sticking point was the ongoing detention of Fazl and four other senior Taliban,
Norullah Noori Mullah Noorullah Noori ( ; born 1967) is the current Minister of Borders and Tribal Affairs of the Islamic Emirate of Afghanistan since 7 September 2021. He was also the Taliban's Governor of Balkh Province during their first administration (199 ...
,
Khirullah Khairkhwa Khairullah Said Wali Khairkhwa ( ps, خیرالله سید ولي خیرخواه ; born 1967) is the current Afghan Minister of Information and Culture and a former Minister of the Interior. After the fall of the Taliban government in 2001, he ...
,
Abdul Haq Wasiq Abdul Haq Wasiq ( ; born 1971) is the current Director of Intelligence of the Islamic Emirate of Afghanistan since September 7, 2021. He was previously the Deputy Minister of Intelligence in the former Taliban government (1996–2001). He was hel ...
and Mohammed Nabi. Negotiations hinged on a proposal to send the five men directly to
Doha Doha ( ar, الدوحة, ad-Dawḥa or ''ad-Dōḥa'') is the capital city and main financial hub of Qatar. Located on the Persian Gulf coast in the east of the country, north of Al Wakrah and south of Al Khor, it is home to most of the coun ...
,
Qatar Qatar (, ; ar, قطر, Qaṭar ; local vernacular pronunciation: ), officially the State of Qatar,) is a country in Western Asia. It occupies the Qatar Peninsula on the northeastern coast of the Arabian Peninsula in the Middle East; it sh ...
, where they would be allowed to set up an official office for the Taliban. In March 2012, it was reported that
Ibrahim Spinzada Engineer (honorific), Engineer Ibrahim Spinzada is a Politics of Afghanistan, politician in Afghanistan who has been appointed to several government positions by List of Presidents of Afghanistan, President Hamid Karzai. In 2004 the ''Los Angeles ...
, described as ''"Karzai's top aide"'' had spoken with the five men, in Guantanamo, earlier that month, and had secured their agreement to be transferred to Qatar. It was reported that Karzai, who had initially opposed the transfer, now backed the plan.


Joint Review Task Force

When he assumed office in January 2009
President President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ful ...
Barack Obama Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, Obama was the first African-American president of the U ...
made a number of promises about the future of Guantanamo. He promised the use of torture would cease at the camp. He promised to institute a new review system. That new review system was composed of officials from six departments, where the OARDEC reviews were conducted entirely by the Department of Defense. When it reported back, a year later, the
Joint Review Task Force The Guantanamo Review Task Force was created by Executive Order 13492 issued by President of the United States Barack Obama on January 22, 2009, his second full day in office. United States Attorney General Eric Holder announced Matthew G. Olsen a ...
classified some individuals as too dangerous to be transferred from Guantanamo, even though there was no evidence to justify laying charges against them. On April 9, 2013, that document was made public after a
Freedom of Information Act Freedom of Information Act may refer to the following legislations in different jurisdictions which mandate the national government to disclose certain data to the general public upon request: * Freedom of Information Act 1982, the Australian act * ...
request. Mohammed Fazl was one of the 71 individuals deemed too innocent to charge, but too dangerous to release. Although Obama promised that those deemed too innocent to charge, but too dangerous to release, would start to receive reviews from a
Periodic Review Board The Periodic Review Boards administrate a US ''"administrative procedure"'' for recommending whether certain individuals held in the Guantanamo Bay detention camps, in Cuba are safe to release or transfer, or whether they should continue to be held ...
, less than a quarter of men have received a review.


Release

On June 1, 2014, Fazl, and the other four Taliban prisoners in Guantanamo Bay were released in Qatar in exchange for U.S. soldier Bowe Bergdahl who had been captured by the Taliban nearly five years previously. Bergdahl later pleaded guilty to the crime of desertion on October 16, 2017. Fazl and other members of the Taliban five, as part of the conditions of their release, were prohibited from leaving Qatar for one year.
Human Rights Watch Human Rights Watch (HRW) is an international non-governmental organization, headquartered in New York City, that conducts research and advocacy on human rights. The group pressures governments, policy makers, companies, and individual human r ...
argues that despite his release from Guantanamo Bay, Fazl should be investigated and prosecuted for war crimes. On 7 September 2021, he was reinstated as Deputy Defense Minister after the reestablishment of the
Islamic Emirate of Afghanistan Afghanistan, officially the Islamic Emirate of Afghanistan,; prs, امارت اسلامی افغانستان is a landlocked country located at the crossroads of Central Asia and South Asia. Referred to as the Heart of Asia, it is bordere ...
. He was replaced with
Abdul Qayyum Zakir Abdul Qayyum "Zakir" (born 1973), also known by the nom de guerre Abdullah Ghulam Rasoul, is the current acting Deputy Minister of Defense of the Islamic Emirate of Afghanistan. He previously served as the acting Defense Minister, from 24 Augu ...
on 21 September.


References


External links


Who Are the Remaining Prisoners in Guantánamo? Part Two: Captured in Afghanistan (2001)
Andy Worthington, September 17, 2010 {{DEFAULTSORT:Fazil, Mullah Mohammad Living people Detainees of the Guantanamo Bay detention camp Afghan extrajudicial prisoners of the United States Bagram Theater Internment Facility detainees 1967 births People subject to extraordinary rendition by the United States Taliban leaders Taliban commanders People from Urozgan Province Taliban government ministers of Afghanistan Defence ministers of Afghanistan