The Islamic Republic of Afghanistan has repeatedly expressed its concern with respect to the infringement and violation of the rights and freedoms of Afghan citizens detained anywhere in the world, including at Guantanamo Bay Prison. Contrary to the prior understanding of Afghanistan and the United States, five Afghan detainees have been transferred from Guantanamo Bay and turned over to the Government of Qatar in exchange for the release of Sgt. Bowe Bergdahl.
The Ministry of Foreign Affairs of the Islamic Republic of Afghanistan would hereby like to notify the Government of the United States of America as follows:
1- If the five Afghan citizens have been transferred by the United States to Qatar at their own free will, full satisfaction, and without any duress or other restrictions then, the Afghan government, consistent with the Afghan constitution and its obligation to protect the rights and liberties of Afghan citizens, welcomes the release of the five Afghan prisoners by the U.S. government.
2- If, contrary to the prior understanding between the United States and Afghanistan, the U.S. government, is depriving, or otherwise imposing restrictions on the rights of, the released Afghan nationals transferred to Qatar, such actions by the U.S. are in contravention of universally agreed norms of the international law which explicitly mandate that states cannot hand over the citizens of a sovereign country to a third country as prisoners or as persons deprived of their freedoms. Therefore, the government of the Islamic Republic of Afghanistan, expresses its deep dissatisfaction with respect to the manner by which the United States has released the five Afghan nationals from Guantanamo Bay Prison and, in an effort to preserve the rights and freedoms of its citizens, the Afghan Government hereby demands that the U.S. and Qatari governments consider the universally agreed principles of international law and applicable human rights conventions, and treat the released Afghan nationals as free individuals and accord them their full rights and liberties as soon as possible.