Jabran al-Qahtani
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| Jabran Said bin Al Qahtani | |
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| Born: | 1977 (age 30–31) Tabuk, Saudi Arabia |
| Arrested: | March 2, 2002 |
| Detained at: | Guantanamo |
| Alias(s): | Jabran Said Wazar Al Qahtani |
| ID number: | 696 |
| Conviction(s): | Faced charges in November 2005, before the Presidentially authoritized military commisssions. Faced charges in May 2008, before the Congressionally authorized military commissions. |
| CSRT Summary | *  "Summary of Evidence for Combatant Status Review Tribunal - Al Qahtani, Jabran Said Wazar" on Wikisource. |
Jabran Said bin Al Qahtani is a Saudi who was held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.[1] His Guantanamo Internee Security Number is 696. Joint Task Force Guantanamo analysts estimate he was born in 1977, in Tabuk, Saudi Arabia.
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[edit] Identity
Captive 696 was identified inconsistently on official Department of Defense documents:
- Captive 696 was identified as Jabran Said Wazar Al Qahtani on the Summary of Evidence memo prepared for his Combatant Status Review Tribunal, on 30 August 2004, and on three official list of captive's names.[2][1][3][4]
- Captive 696 was identified as Jabran Said Bin Al Qahtani on the charges he faced before a military commission, on November 7, 2005.[5]
[edit] Combatant Status Review Tribunal
Initially the Bush Presidency 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 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 Presidency's definition of an enemy combatant.
[edit] Summary of Evidence memo
A Summary of Evidence memo was prepared for Jabran Said Wazar Al Qahtani's Combatant Status Review Tribunal, on 30 August 2004.[4] The memo listed the following allegations against him:
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- a. Detainee is a member of Al Qaida.
- Detainee traveled to Afghanistan to learn to participate in Jihad in October 2001.
- Detainee trained in the use of the Kalashnikov rifle and the [sic] hand grenades.
- Detainee stayed in an safe house owned by ABU ZUBAYDA, a known Al-Qaida operative.
- Detainee has stated that he is a "terrorist."
- b. Detainee engaged in hostilities against the United States and/or it's [sic] coalition partners.
- Detainee went to the battlefield to help fight the Northern Alliance.
- The detainee constructed two circuit boards for explosive devices intended to be used against US Military Forces.
- a. Detainee is a member of Al Qaida.
[edit] Transcript
There is no record that captive 696 participated 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.
In September 2007 the Department of Defense released all the Summary of Evidence memos prepared for the Administrative Review Boards convened in 2005 or 2006.[7][8] There is no record that an Administrative Review Board convened in 2005 or 2006 to review his detention.
[edit] Charges before a military commission
On November 7, 2005, the United States charged Jabran and four other detainees.[5] The Bush administration intends to prosecute these detainees before a military commission. Qahtani, Sufyian Barhoumi, Binyam Ahmed Muhammad, and Ghassan Abdullah al Sharbi face conspiracy to murder charges. Omar Khadr faces both murder and conspiracy to murder charges.
Al Qahtani, Barhoumi and Al Sharbi have been dubbed "The Faisalabad Three".[9] The three were captured together with a senior member of the al Qaeda leadership, Abu Zubaydah, in a safehouse in Faisalabad, Pakistan. The three are believed to have been members of Zubaydah's entourage. All three keep insisting they want to defend themselves.
In Hamdan v. Rumsfeld, in July 2006, the Supreme Court of the United States ruled that the Bush Presidency lacked the constitutional authority to set up the military commissions. Only Congress had the authority to set up military commissions. Congress subsquently passed the Military Commissions Act of 2006. But, as of September 2007, Al Qahtani has not been re-charged.
[edit] References
- ^ a b OARDEC (May 15, 2006). List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006. United States Department of Defense. Retrieved on 2007-09-29.
- ^ OARDEC (April 20, 2006). List of detainee who went through complete CSRT process. United States Department of Defense. Retrieved on 2007-09-29.
- ^ OARDEC (July 17, 2007). Index for Combatant Status Review Board unclassified summaries of evidence. United States Department of Defense. Retrieved on 2007-09-29.
- ^ a b OARDEC (30 August 2004). Summary of Evidence for Combatant Status Review Tribunal - Al Qahtani, Jabran Said Wazar page 62. United States Department of Defense. Retrieved on 2007-12-11.
- ^ a b USA v. al Qahtani. US Department of Defense (November 7, 2005). Retrieved on 2007-02-27.
- ^ Spc Timothy Book. "Review process unprecedented", JTF-GTMO Public Affairs Office, Friday March 10, 2006, pp. pg 1. Retrieved on 2007-10-10.
- ^ OARDEC (August 9, 2007). Index to Summaries of Detention-Release Factors for ARB Round One. United States Department of Defense. Retrieved on 2007-09-29.
- ^ OARDEC (July 17, 2007). Index of Summaries of Detention-Release Factors for ARB Round Two. United States Department of Defense. Retrieved on 2007-09-29.
- ^ A Dilemma for the Defenders, Los Angeles Times, April 30, 2006
[edit] External links
- Commissions Transcripts, Exhibits, and Allied Papers
- US military charges Omar Khadr with murder, CTV, November 7, 2005
- US charges five Guantanamo detainees with war crimes, China Daily, November 7, 2005
- Canadian held at Guantanamo charged with murder, CBC, November 7, 2005
- Five More Guantanamo Detainees Charged, The Guardian, November 7, 2005
- Supreme Court to hear challenge to military commissions, San Francisco Mercury, November 7, 2005
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