Jabran al-Qahtani

Infobox WoT detainees
subject_name = Jabran Said bin Al Qahtani

---

image_size =
image_caption = | date_of_birth = Birth year and age|1977
place_of_birth = Tabuk, Saudi Arabia
date_of_arrest = March 2 2002
place_of_arrest= | arresting_authority=
date_of_release = | place_of_release=
date_of_death = | place_of_death =
citizenship = | detained_at = Guantanamo
id_number = 696
group =
alias = Jabran Said Wazar Al Qahtani
charge = Faced charges in November 2005, before the Presidentially authoritized military commisssions.
Faced charges in May 2008, before the Congressionally authorized military commissions.
penalty =
status =
csrt_summary = wikisource-inline|Summary of Evidence for Combatant Status Review Tribunal - Al Qahtani, Jabran Said Wazar
csrt_transcript=
occupation = | spouse = | parents = | children =

Jabran Said bin Al Qahtani is a Saudi who was held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba.cite web
url=http://www.dod.mil/news/May2006/d20060515%20List.pdf
title=List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006
author=OARDEC
publisher=United States Department of Defense
date=May 15 2006
accessdate=2007-09-29] His Guantanamo Internee Security Number is 696.
Joint Task Force Guantanamo analysts estimate he was born in 1977, in
Tabuk, Saudi Arabia.

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.cite web
url=http://www.dod.mil/pubs/foi/detainees/detainee_list.pdf
title=List of detainee who went through complete CSRT process
author=OARDEC
publisher=United States Department of Defense
date=April 20 2006
accessdate=2007-09-29] cite web
url=http://www.dod.mil/news/May2006/d20060515%20List.pdf
title=List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006
author=OARDEC
publisher=United States Department of Defense
date=May 15 2006
accessdate=2007-09-29] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_CSRT_unclassified_summaries.pdf
title=Index for Combatant Status Review Board unclassified summaries of evidence
author=OARDEC
publisher=United States Department of Defense
date=July 17 2007
accessdate=2007-09-29] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000500-000599.pdf#64
title=Summary of Evidence for Combatant Status Review Tribunal - Al Qahtani, Jabran Said Wazar
date=30 August 2004
author=OARDEC
pages=page 62
publisher=United States Department of Defense
accessdate=2007-12-11]
*Captive 696 was identified as Jabran Said Bin Al Qahtani on the charges he faced before a military commission, on November 7, 2005.cite web
url=http://www.defenselink.mil/news/Nov2005/d20051104qahtani.pdf
title=USA v. al Qahtani
date=November 7 2005
accessdate=2007-02-27
publisher=US Department of Defense]

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.

ummary of Evidence memo

A Summary of Evidence memo was prepared for Jabran Said Wazar Al Qahtani'sCombatant Status Review Tribunal, on
30 August 2004.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000500-000599.pdf#64
title=Summary of Evidence for Combatant Status Review Tribunal - Al Qahtani, Jabran Said Wazar
date=30 August 2004
author=OARDEC
pages=page 64
publisher=United States Department of Defense
accessdate=2007-12-11] The memo listed the following allegations against him::

Transcript

There is no record that captive 696participated in his Combatant Status Review Tribunal.

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.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_ARB_Round_1_Detention_Transfer_Factors.pdf
title=Index to Summaries of Detention-Release Factors for ARB Round One
author=OARDEC
publisher=United States Department of Defense
date=August 9 2007
accessdate=2007-09-29] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_ARB_Round_2_Detention_Transfer_Factors.pdf
title=Index of Summaries of Detention-Release Factors for ARB Round Two
author=OARDEC
publisher=United States Department of Defense
date=July 17 2007
accessdate=2007-09-29] There is no record that an Administrative Review Board convened in 2005 or 2006 to review his detention.

Charges before a military commission

On November 7, 2005, the United States charged Jabran and four other detainees.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". [http://www.latimes.com/news/nationworld/nation/la-na-gitmo30apr30,1,3447240.story?page=2&coll=la-headlines-nation A Dilemma for the Defenders] , "Los Angeles Times", April 30 2006] 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 Statesruled 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 Qahtanihas not been re-charged.

References

External links

* [http://www.defenselink.mil/news/commissions_exhibits_qahtani.html Commissions Transcripts, Exhibits, and Allied Papers]
* [http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20051107/omar_khadr_051107/20051107%3Fhub%3DTopStories&cid=1102222795 US military charges Omar Khadr with murder] , "CTV", November 7, 2005
* [http://www.chinadaily.com.cn/english/doc/2005-11/08/content_492384.htm&cid=1102222795 US charges five Guantanamo detainees with war crimes] , "China Daily", November 7, 2005
* [http://www.cbc.ca/story/canada/national/2005/11/07/omarkhadr051107.html&cid=1102222795 Canadian held at Guantanamo charged with murder] , "CBC", November 7, 2005
* [http://www.guardian.co.uk/worldlatest/story/0%2C1280%2C-5399561%2C00.html&cid=1102222795 Five More Guantanamo Detainees Charged] , "The Guardian", November 7, 2005
* [http://www.mercurynews.com/mld/mercurynews/news/politics/13106909.htm&cid=1102236034 Supreme Court to hear challenge to military commissions] , "San Francisco Mercury", November 7, 2005