W. G. was a senior officer of the Afghan army and belonged to both the Presidential Guard and the Kabul Garrison (KHAD – the security and intelligence agency). In his 15 years of service, he particularly fought the Mujahideen and was involved in the arrest of prisoners of war. Several NGOs accused KHAD of systematically using torture.
On June 16, 2005, the Swiss Asylum Appeal Commission (ARK) decided that W.G. should be excluded from refugee status on the grounds of his potential involvement in war crimes and crimes against humanity. In view of the fact that he could potentially become a victim of persecution in Afghanistan, W. G. was nevertheless granted entry into Swiss territory on a temporary basis.
On December 8, 2006, TRIAL International filed a criminal report of war crimes and crimes against humanity allegedly committed by him before the Swiss Office of the Armed Forces Attorney General / Military Justice, which at that time had jurisdiction to prosecute war crimes.
After ordering an in-depth investigation, the military justice system reached the conclusion that the suspect was not the man he claimed to be. He had usurped the rank, the position and possibly the identity of a senior officer of the Afghan intelligence services in the Communist period in order to try to obtain asylum in Switzerland. The case was therefore closed on March 17, 2010.