Yes, they've been saying that they were trying to cave into pressure by releasing him as 'insane' and therefore incompentent to stand trial, but the clerics are still openly advocating a lynch-mob waiting to "tear him to pieces" as soon as he is on the streets. Right now, being turned loose in Afghanistan might be the worst possible thing for him, and the best thing for the people wanting to try him. All their 'friends' in the U.S., Europe, and other places will have been pacified that they upheld religious freedom, and the clerics will be satisfied that he is dead and has been made an example.