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Prisoner swap could be key to future Taliban peace talks

American soldier offered for 5 held at Guantanamo

Army Sergeant Bowe Bergdahl is the only known American soldier held captive from the Afghan war.

Army Sergeant Bowe Bergdahl is the only known American soldier held captive from the Afghan war.

WASHINGTON — Two were senior Taliban commanders said to be implicated in murdering thousands of Shi’ites in Afghanistan. When asked about the alleged war crimes by an interrogator, they “did not express any regret and stated they did what they needed to do in their struggle to establish their ideal state,” according to the interrogators.

There is also a former deputy director of Taliban intelligence, a former senior Taliban official said to have “strong operational ties” to various extremist militias, and a former Taliban minister accused of having sought help from Iran in attacking US forces.

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These five prisoners at Guantánamo Bay, Cuba, could be the key to whether the negotiations the United States has long sought with the Taliban are a success, or even take place. A Taliban spokesman in Qatar said Thursday that exchanging them for Sergeant Bowe Bergdahl, a US prisoner of war who has been held by militants since 2009, may “build bridges of confidence” to start broader peace talks.

A few weeks ago, President Obama gave a speech reiterating his desire to close Guantánamo. But one official familiar with internal deliberations emphasized that any exchange involving the Afghan prisoners should not be seen as part of efforts the president has ordered to winnow the prison of low-level detainees.

The five Taliban members are considered to be among the most senior militants at Guantánamo and would otherwise be among the last in line to leave.

The Taliban offer, made at the same time they were opening a long-delayed office in Doha, Qatar, breathed new life into a late-2011 proposal that collapsed amid congressional skepticism and the strict security conditions the Obama administration sought as part of any exchange. They included the stipulation that the Taliban prisoners be sent to Qatar and forbidden to leave.

Those conditions, created by the Obama administration to comply with legal restrictions imposed by Congress to prevent any detainees from returning to the battlefield in Afghanistan, led the Taliban to walk away from the negotiations. It is not clear whether the Taliban position on transfers to Qatar, as opposed to outright release and repatriation, has softened.

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Any prisoner release, according to officials familiar with the deliberations, is not imminent. The transfer restrictions require 30 days’ notice to lawmakers before any detainee leaves, and the administration has not yet given any notification. The officials would not comment on the record because of the diplomatic and political delicacy of the issue.

More is known about the five former Taliban members than other Guantánamo prisoners, because the details of their alleged roles were described in government files given to WikiLeaks by Private First Class Bradley Manning, who is now being court-martialed and faces a possible life sentence if convicted. Because the five men have never been given a trial, the quality of the evidence and the credibility of the claims against them in the files have not been tested.

Mohammad Nabi Omari is described in the files as “one of the most significant former Taliban leaders detained” at Guantánamo. He is said to have strong operational ties to anti-coalition militia groups including Al Qaeda, the Taliban, and the Haqqani network. He is also accused of participating in a cell in Khost that was “involved in attacks against US and coalition forces,” maintaining weapons caches and smuggling fighters and weapons.

A former Taliban provincial governor, Mullah Norullah Noori, is also “considered one of the most significant former Taliban officials” at the prison, according to the documents. A founding member of the organization, he was a senior military commander against US forces and their allies in late 2001.

Both Noori and a third detainee being considered in an exchange, Mullah Mohammad Fazl, a former Taliban deputy defense minister, are accused of having commanded forces that killed thousands of Shi’ite Muslims, a minority in Afghanistan, before the Taliban were toppled in the aftermath of the Sept. 11, 2001, terrorist attacks.

The fourth is Abdul Haq Wasiq, a former top Taliban intelligence official described as “central to the Taliban’s efforts to form alliances with other Islamic fundamentalist groups to fight alongside the Taliban against US and coalition forces after the 11 September 2001 attacks.” He also helped al-Qaeda and Taliban fighters evade capture and arranged for Al Qaeda to train Taliban in intelligence methods, the WikiLeaks documents report.

The fifth prisoner, Khirullah Said Wali Khairkhwa, a former minister of the interior and provincial governor, has contended that he had direct ties to Osama bin Laden and represented the Taliban in talks with Iranian officials seeking their support after Sept. 11, the documents read.

He is also accused of using his position to “become one of the major opium drug lords in Western Afghanistan.” Described as “extremely intelligent,” Khairkhwa is said to have claimed to be motivated by public service rather than ideology and pledged to support President Hamid Karzai of Afghanistan, who has called for his release.

The five Taliban leaders are just a subset of 18 Afghans remaining at Guantánamo — out of the 220 taken there by the Bush administration. But the other 13 are accused of far less serious and specific actions, meaning that they are not important enough to be bargaining chips.

With US troops still on the ground in Afghanistan, both Obama administration and congressional officials say there is genuine concern about releasing high-level leaders if there is any prospect that they could return to rally new attacks.

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