Mohammad Fazl

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 argues that despite his release from Guantanamo Bay, Fazl should be investigated and prosecuted for war crimes.

When he assumed office in January 2009 President Barack Obama 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 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 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, less than a quarter of men have received a review.

In March 2012, it was reported that Ibrahim Spinzada, 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.

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, Khirullah Khairkhwa, Abdul Haq Wasiq and Mohammed Nabi. Negotiations hinged on a proposal to send the five men directly to Doha, Qatar, where they would be allowed to set up an official office for the Taliban.

Mullah Mohammad Fazl (born 1967) is the Taliban's former Deputy Defense Minister and was held in the Guantanamo Bay detention camps in Cuba after being classified as an enemy combatant by the United States. His Guantanamo Internment Serial Number 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—Khairullah Khairkhwa, Abdul Haq Wasiq, Norullah Noori, and Mohammad Nabi Omari in exchange for the release of United States Army soldier Bowe Bergdahl, a convicted deserter who had been held captive by the Taliban-aligned Haqqani network.

Not much is known about Fazl, except that he served as the deputy defense minister under the Islamic Emirate of Afghanistan (Taliban rule). American intelligence analysts estimate that Fazl was born in 1967, in Sekzi, Caher Cineh District, Uruzgan Province, Afghanistan. Although he negotiated an amnesty with the Afghan Northern Alliance leader Abdul Rashid Dostum, it is alleged that he is responsible for killing thousands of Shi'a Afghans between 1996 and late 2001.