Khalid Abdallah Abdel Rahman Al Morghi

Khalid Abdallah Abdel Rahman Al Morghi is a citizen of Saudi Arabia who was held in the United States Guantanamo Bay detention camps, in Cuba.^[1] Al Morghi's Guantanamo Internment Serial Number was 339. The Department of Defense reports that he was born on April 29, 1970, in Mecca, Saudi Arabia.

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.

Allegations

A memorandum summarizing the evidence against Al Morghi prepared for his Combatan Status Review Tribunal, was among those released in March 2005.^[5] The allegations Al Morghi faced were:

a. The detainee is associated with the Taliban:

1. The detainee went to Afghanistan to support the fatwa issued by ########## ######### ##########
2. The detainee, ################ traveled to Heart Afghanistan, on 29 September 2001 to join the jihad.
3. The detainee traveled to Afghanistan to join the Taliban.
4. The detainee stayed in a Taliban safe house while in Heart, Afghanistan.
5. The detainee was apprehended by Pakistani authorities while trying to cross into Pakistan.

Testimony

Al Morghi chose to participate in his Combatant Status Review Tribunal.^[6]

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 Khalid Abdallah Abdel Rahman Al Morghi were among the 121 that the Department of Defense released on March 3, 2006.^[7]

The following primary factors favor continued detention:

a. Commitment

1. The detainee went AWOL from the Royal Saudi Air Defense Forces.
2. The detainee went to Afghanistan to support the fatwa issued by Sheikh Hamoud Al Shi'Ibi.
3. Sheik Ibi's Fatwa told Arabs to help the Taliban as it is a religious Islamic state that allies the rule of God. If they did not support the Taliban, the Northern Alliance could win the war. The Fatwa could be supported through financial support, prayer or personal travel to Afghanistan.

b. Connection

1. The detainee traveled to Afghanistan to join the Taliban.
2. The detainee stayed in a Taliban safehouse while in Herat, Afghanistan
3. The detainee paid a man 1,000 U.S. dollars to take him to Pakistan.
4. That man is a member of Harakat Al-Mujahidin and has knowledge of moving al Qaida fighters.
5. Harakat Al-Mujahideen is a Kashmiri jihadist group.

c. Intent

1. The detainee, a Saudi Arabian citizen, traveled to Herat, Afghanistan on 29 September 2001 to join the Jihad.

d. Other Relevant Data

1. The detainee initially lied to American interviewers about his activities in Afghanistan.
2. The detainee was apprehended by Pakistani authorities while trying to cross into Pakistan.

The following primary factors favor release or transfer:

a. The detainee is not aware of Usama Bin Laden's Fatwa and if released would not follow any fatwa. He is not familiar with any al Qaida members or training camps, and denied being a member of al Qaida.

b. The detainee advised he chose to support the Taliban by assisting in relief efforts (helping refugees) and not to engage in combat, stating "I know myself and I am a coward."

c. Saudi Arabian government representatives believe that the detainee has low intelligence or law enforcement value to the United States and is unlikely to pose a terrorist threat to the U.S. or its interests.

Transcript

Al Morghi chose to participate in his Administrative Review Board hearing.^[8]

Repatriation

Al Morghi was repatriated to Saudi Arabia on May 19, 2006 with 14 other men.^[9]

References