Jabir Jubran Al Fayfi

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Jabir Jubran Al Fayfi is a Saudi held in extrajudicial detention in the United States Guantanamo Bay Naval Base, in Cuba.^[1] Al Fayfi's detainee ID number is 188.

1 Combatant Status Review Tribunal
- 1.1 allegations
- 1.2 statement
2 References

[edit] Combatant Status Review Tribunal

Combatant Status Review Tribunals were held in small trailer, the same width, but shorter, than a mobile home. The Tribunal's President sat in the big chair. The detainee sat with their hands and feet shackled to a bolt in the floor in the white, plastic garden chair. A one way mirror behind the Tribunal President allowed observers to observe clandestinely. In theory the open sessions of the Tribunals were open to the press. Three chairs were reserved for them. In practice the Tribunal only intermittently told the press that Tribunals were being held. And when they did they kept the detainee's identities secret. In practice almost all Tribunals went unobserved.

Initially the Bush administration asserted that they could withhold all the protections of the Geneva Conventions to captives from the war on terror. This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conduct a competent tribunals to determine whether captives are, or are not, entitled to the protections of prisoner of war status.

Subsequently the [[Department of Defense instituted the Combatant Status Review Tribunals. The Tribunals, however, were not authorized to determine whether the captives were lawful combatants -- rather they were merely empowered to make a recommendation as to whether the captive had previously been correctly determined to match the Bush administration's definition of an enemy combatant.

Al Fayfi didn't choose to attend his Combatant Status Review Tribunal. But his Personal Representative read a statement on his behalf.

[edit] allegations

The allegations against Al Fayfi were:^[2]

a The detainee is associated with al Qaida and the Taliban

The detainee was recruited at a mosque in Saudi Arabi to participate in Jihad.
Detainee received two weeks of weapons training on the Kalahnikov rifle.
In November and December 2001, detainee met with al Qaida members while in Tora Bora Afghanistan.
One of the detainee’s known aliases was on a list of captured al Qaida members that was discovered on a computer hard drive associated with a senior al Qaeda member.

b The detainee participated in military operations against the coalition.

Detainee was issued a Kalashnikov rifle in Bagram, Afghanistan to fight on the lines.
Detainee fought the Northern Alliance from September through December 2001.
Detainee was instructed to flee Afghanistan and go to Pakistan via the mountains.

[edit] statement

He claimed he had no knowledge of al Qaida. He said that he was willing to go for Jihad with the Taliban if they fulfilled the conditions in a Fatwa from a Saudi scholar.

He denied being a recruit.

He acknowledge receiving 2 weeks of AK47 training.

He acknowledged arriving at the front, but only when the fighters were in retreat.

He asked what made them think the aliases applied to him? His two aliases Abu Grafar and Abu Ibrahim, were common ones - as common as David seemed to be among camp guards.

He acknowledged receiving a gun, on the front line, but only because it was mandatory. But he still hadn’t decided if the Taliban was fulfilling the conditions of the Fatwa, so he still hadn’t decided whether he would share in the fighting.