Khalid Mallah Shayi Al Jilba Al Qahtani

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Khalid Malluh Shayi Al Jilba Al Qahtani (also transliterated as Khalid Malu Shia Al Ghatani) is a citizen of Saudi Arabia, held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.^[1] His Guantanamo detainee ID is 439. The Department of Defense estimates that Al Qahtani was born in 1984, in Al Arib, Saudi Arabia.

Main article: minors detained in the global war on terror

1 Combatant Status Review Tribunal
2 Administrative Review Board hearing
- 2.1 The following primary factors favor continued detention:
- 2.2 The following primary factors favor release or transfer:
3 References

[edit] Combatant Status Review Tribunal

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 Qahtani chose not to participate in his Combatant Status Review Tribunal.

[edit] Administrative Review Board hearing

Detainees who were determined to have been properly classified as "enemy combatants" were scheduled to have their dossier reviewed at annual Administrative Review Board hearings. The Administrative Review Boards weren't authorized to review whether a detainee qualified for POW status, and they weren't authorized to review whether a detainee should have been classified as an "enemy combatant".

They were authorized to consider whether a detainee should continue to be detained by the United States, because they continued to pose a threat -- or whether they could safely be repatriated to the custody of their home country, or whether they could be set free.

The factors for and against continuing to detain Al Qahtani were among the 121 that the Department of Defense released on March 3, 2006.^[2]

[edit] The following primary factors favor continued detention:

a. Commitment

The detainee traveled to Afghanistan in the fall of 2000 to answer the Fatwa issued by Sheik Hamoud.
Sheikh Hamoud al Uqqla is a Saudi Mufti who issued fatwas, including a fatwa calling for jihad in Afghanistan, and encouraged people to fight jihad against the Christians and Jews. Al Uqqla condoned the September 11, 2001 attacks against the United States, and helped raise money for Usama Bin Laden until al Uqqla’s death in Saudi Arabia in 2001.
The detainee stayed at a Taliban safehouse in Quetta, Pakistan, while traveling to Afghanistan.
The detainee was shot in the arm by a sniper, received medical treatment in Konduz, and surrendered to Northern Alliance forces at Mazari Sharif.

b. Training

The detainee received weapons training at Pakistani Center #5 for approximately five months. He was instructed in the use of RPGs and Kalashnikov rifles and was regularly assigned guard duty while at this camp.
The detainee’s alias was on a document issued by the office of Mujahideen Affairs listing over 150 al Qaida members scheduled for tactics, artillery, security, snipers and anti-aircraft training.
The detainee was identified as having attended al Farouq training camp.

c. Connections/Associations

The detainee’s name was found on a document listing 324 Arabic names, aliases, and nationalities recovered from safehouse raids associated with suspected al Qaida in Karachi, Pakistan.
The detainee’s name was found on a document (floppy disk) containing a list of names, safety deposit boxes and contents recovered from raids of a suspected al Qaida safehouse.
The detainee’s name was found in the pocket litter of an Arab Mujahidin who entered Croatia from Bosnia in 1996.
The detainee traveled to Tora Bora where he stayed for approximately two days with nine other Mujahadeen fighters in a stone house that was built into the mountain. Approximately two weeks later Usama Bin Laden came and stayed at the stone house.

d. Intent

The detainee was sent to Konduz and spent six months on the Khawaja Ghar front line.
The detainee guarded sleeping bunkers for Pakistani forces fighting at the front lines in Hawajager, Afghanistan (Khawaja Ghar).

e. Detainee Conduct

The detainee has been cited for assault, hostile activity, and harassment of guards on numerous occasions. He was cited on one occasion for making a weapon.

[edit] The following primary factors favor release or transfer:

The detainee did not fire his weapon at any soldiers or persons. He had no prior knowledge of the attacks on the World Trade Center on September 11, 2001, or against the American people or anywhere else in the United States or the world.
The detainee stated that he did not go to Afghanistan to fight for the Taliban, but to receive weapons training “and stand guard.”