III 

113TH CONGRESS 

2D SESSION S. RES. 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 United States custody to Afghan control and 

to uphold the Afghan Rule of Law with respect to the referral and 

disposition of detainees. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 12, 2014 

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 

RESOLUTION 

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 United States custody to Afghan control and to uphold the Afghan Rule of Law 

with respect to the referral and disposition of detainees. 

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 AfVerDate Mar 15 2010 23:37 Feb 13, 2014 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\SR355.IS SR355

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•SRES 355 IS 

ghan 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; 


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•SRES 355 IS 

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 extra-judicial 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 

1 Resolved, That the Senate— 


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•SRES 355 IS 

1 (1) insists President of Afghanistan Hamid 

2 Karzai honor the terms included in the Memo3 randum of Understanding, dated March 25, 2013; 

4 (2) insists that if the Afghan Review Board 

5 (ARB) will not follow the conditions set forth in the 

6 Memorandum of Understanding, that the ARB shall 

7 be dismantled and the National Directorate for Se8 curity (NDS) and Afghan prosecutors shall deter9 mine how to handle the remaining detainees; 

10 (3) urges close and continuing communication 

11 between the Minister of Defense and the Com12 mander of United States Forces, Afghanistan prior 

13 to the release of any detainee; 

14 (4) urges the Government of Afghanistan to 

15 cease the extra-judicial release of detainees and in16 stead refer the dangerous individuals and the re17 mainder of the ARB cases for prosecution at the 

18 Justice Center in Parwan or for investigation by the 

19 NDS; and 

20 (5) calls on the Secretary of State to consider 

21 the Government of Afghanistan’s adherence to exist22 ing detainee memoranda of understanding in imple23 menting the certification requirements for assistance 

24 for Afghanistan under section 7044(3) of the De25 partment of State, Foreign Operations, and Related 


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•SRES 355 IS 

1 Programs Appropriations Act, 2014 (division K of 

2 Public Law 113–76). 

Æ 


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