In a recent meeting with top US commander in Afghanistan Gen John Allen, President Karzai exchanged heated remarks about the transfer of Bagram prison. The US military insists that some high profile detainees, mostly foreigners who have been held at Bagram for years, should remain in their custody.

The verbal clash in President Palace, according to a source, occurred in presence of Ambassador Cunningham. The ISAF Commander is said to have warned President Karzai of deteriorating Washington-Kabul ties if he continues insisting on transfer of all inmates. Presidential Palace has issued two public statements since that meeting, asking ISAF to respect the memorandum of understanding signed on transfer of prisons' control to Afghans.

President Karzai has strongly objected the new detentions since March, for which there are conflicting numbers mentioned by Defense Ministry officials. He insists the new arrests and custody of foreigners at Bagram are in violation of the MoU signed between the US and Afghanistan. He reiterated demands of full transfer in meeting with the US special envoy Marc Crossman on Sunday.

The official ceremony transferring the control at Bagram was held on Monday, September 10, the due date under the MoU. Over three thousand inmates have been handed over to Afghan troops over past three months. Bagram Jail Commander Maj. Gen. Ghulam Farooq Barakzai talking to media after the ceremony had mentioned that 50 foreign prisoners still remained in US custody.

Reportedly, over 600 suspects have been detained across the country since March, when the prisoner-transfer agreement was signed. The exact number of foreign prisoners, and their nationalities, at Bagram are not clear. Defense Ministry officials have mentioned different figures from 40 to 60.

A large number of foreign detainees at Bagram are reportedly Pakistanis. President Karzai's insistence on their transfer to Afghan control comes as a result of Islamabad's pressure in this regard. Islamabad has not officially raised the issue with ISAF, but the matter has been discussed with Kabul recently. They have been told to wait until the prison is transferred to Afghan control.

There was tense deadlock in March due to the unrealistic demands of the Karzai Administration regarding the MoU and Strategic Partnership Agreement. According to the MOU, American forces will continue to oversight the detention centers and have veto power against release of any prisoner. They will also have access to prisoners for interrogation.

Sane voices inside the Palace should persuade President Karzai to avoid a clash with the US on transfer of all prisoners at Bagram. At a time when NATO troops are being killed daily in 'insider attackers', such demands make no sense. The US military consider it a risk to transfer foreign detainees that include high-profile militants.

It is a matter of their national security, and should not violate our sovereignty. You can actually claim sovereignty only when you are completely capable of defending your land not to be used as a launching pad by international terrorists.

If sovereignty is not a joke, they should have asked for the control of prisons long ago and not signed the Strategic Partnership Agreement allowing presence of US troops until 2024. All of us know full withdrawal will mean our descent into chaos.

As per the NATO sources over 3000 inmates are notorious Taliban insurgents and militants with other affiliations. The prisoners include many Taliban militants who were previously released and rearrested by ISAF forces for rejoining the insurgency.

Under the MoU, Afghanistan is bound to international treaties and protocol when it comes to transfer of inmates and their detention. The additional protocol II of Geneva Convention allows detention of the inmates by the US. President Karzai has ordered legal experts to look into the matter and come up with solution.

The irony is that when President Karzai demanded the transfer of Bagram in January, reports of human rights violations at the prison were cited while media also report the violation of human rights in Afghan prisons too. The UN also confirms such reports.

Released in October last year, the report contained detailed information about 379 detainees in dozens of Afghan prisons. The Government should now ensure a transparent process at Bagram and all rights of the inmates should be respected.