Did you read the article you posted? Excerpts:
Troops say top commander Gen. David Petraeus has not fulfilled promises he made to Congress last year to review and, where appropriate, change rules of engagement that have restricted troops' ability to stop the enemy.Gen. Stanley McChrystal, former commander of coalition forces in Afghanistan. promised that ISAF would have control of at least 40 Afghan districts by the end of 2010. That promise also was not met.
...
"How much more evidence do you need when they are captured on video and tested positive for ... chemicals on their hand?" a military official in Afghanistan said. "That's not enough evidence for our forces to transfer the detainees to a permanent facility before they try to kill U.S. troops again? It's unacceptable."
I read the whole thing. It doesn't actually specify who put the policy in place. It doesn't even say outright that it was in place when McChrystal was in charge. Overall, the article is good in that it points out what may be a problem - if a revolving door policy is in place. I can't really tell if this was a local commander's policy or a theater-wide thing. Bottom line is that people need to inform their Congress Critters that allegations have been made and have them get some answers.