Bandar Ahmad Mubarak Al Jabri

Infobox WoT detainees
subject_name = Bandar Ahmad Mubarak Al Jabri


image_size =
image_caption =
date_of_birth = Birth date|1979|4|16
place_of_birth = Mecca, Saudi Arabia
date_of_death =
place_of_death =
detained_at = Guantanamo
id_number = 182
group =
alias =
charge = no charge, held in extrajudicial detention
penalty =
status = repatriated on July 15 2007
occupation =
spouse =
parents =
children =

Bandar Ahmad Mubarak Al Jabri is a citizen of Saudi Arabia, 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
format=PDF] Al Jabri's Guantanamo Internee Security Number is 182.
Joint Task Force Guantanamo counter-terrorism analysts reports that Al Jabri was born on April 16 1979, in Mecca, Saudi Arabia.

Combatant Status Review Tribunal

] Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.cite web
url=http://www.defenselink.mil/transcripts/transcript.aspx?transcriptid=3902
title=Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials
publisher=United States Department of Defense
date=March 6 date=December 2007

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 b efore 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 administration's definition of an enemy combatant.

Summary of Evidence memo

A Summary of Evidence memo was prepared for Bandar Ahmad Mubarak Al Jabri'sCombatant Status Review Tribunal.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000101-000200.pdf#87
title=Summary of Evidence for Combatant Status Review Tribunal -- Al Jabri, Bandar Ahmad Mubarak
date=date redacted
author=OARDEC
pages=pages 87-88
publisher=United States Department of Defense
accessdate=2007-12-07] The memo listed the following allegations against him:

Allegations

The Summary of Evidence memo prepared for his Combatant Status Review Tribunal listed the following allegationscite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_1-91.pdf#25
title=Summary of Evidence for Combatant Status Review Tribunal --
publisher=United States Department of Defense
author=OARDEC
date=2004
pages=pages 25-26
accessdate=] ::"a. Detainee is associated with the Taliban and groups who gought against the US "sic""' or its coalition partners.:#"Detainee admits to being affiliated and allied with the Taliban.:#"Detainee stayed at bunker with people who were fighting against the Northern Alliance.

:"b. Detainee supported the Taliban forces in its hostilities against the US "sic""' or its coalition partners.:#"Detainee traveled to Afghanistan to receive military training.:#"Detainee was trained on the AK-47, RPG, hand grenades, PK machine guns and 82mm mortar guns.:#"Detainee was trained on the Kalashnikov rifle, BK rifle, pistols, rocket propelled grenades, hand grenades, land navigation, low crawling, and physical training.:#"Detainee traveled with a group of men to Konduz, Afghanistan who were fighting against the Northern Alliance.:#"Detainee was trained in the Northern part of Afghanistan on the 40mm anti-aircraft guns.:#"Detainee traveled to the front lines in the battle against the Northern Alliance.:#"Detainee was assigned to a mortar squad approximately one kilometer from the front line north of Kabul, Afghanistan.

Testimony

Al Jabri prepared a written statement for his Combatant Status Review Tribunal. [http://www.dod.mil/pubs/foi/detainees/csrt/Set_52_3643-3869.pdf Statement (.pdf)] from Bandar Ahmad Mubarak Al Jabri's "Combatant Status Review Tribunal" - page 2 (.pdf)] , "US Department of Defense"] In it he acknowledged that he had received military training in Afghanistan. But he denied his purpose was to aid the Taliban. He denied that he had provided any aid to the Taliban, or that he had fought for the Taliban.

He claimed that he undertook the military training because he planned to proceed to Chechnya to fight there.An individual named Abu Ahmad Al Ilmani was his trainer.

Translation errors

Al Jabri's Tribunal had to meet a second time because it the initial unclassified portion had been marred by serious translation errors. [http://www.dod.mil/pubs/foi/detainees/csrt/Set_52_3643-3869.pdf#10 Summarized transcripts (.pdf)] from Bandar Ahmad Mubarak Al Jabri's "Combatant Status Review Tribunal", page 10 ]

:Personal Representative: Yes, Sir, I just have one question for the detainee. When did you depart for the training in Afghanistan?:Detainee: I do not remember the date.:Personal Representative: Was it before or after September 11, 2001.:Detainee: It was after.: [Note: During a recess in the classified portion of the Tribunal, the Tribunal was informed that the Translator had erroneously interpreted the Personal Representative’s question posed to the detainee. Thus the question the detainee was asked and subsequently answered, was “"When did you depart training in Afghanistan?"” The translation error was rectified during a subsequent unclassified session at which the detainee was present on 26 August 2004, and the Tribunal disregarded the detainee’s answer to the errorneously translated question. A full disucssion of this issue appears in Enclosure (1) to the CSRT Decision Report.]

The Tribunal's officers learned that Al Jabri's translator mistranslated several questions posed to Al Jabri.

alam Abdullah Said v. George W. Bush

Bandar Al Jaabir was one of five Saudi who had a petition of habeas corpus filed on their behalf December 13, 2005, in Salam Abdullah Said v. George W. Bush.In September 2007 the Department of Justice published dossiers of unclassified documents arising from the Combatant Status Review Tribunals of 179 captives.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/index_publicly_filed_CSRT_records.pdf
title=Index for CSRT Records Publicly Files in Guantanamo Detainee Cases
author=OARDEC
publisher=United States Department of Defense
date=August 8 2007
accessdate=2007-09-29] But the documents from Bandar Al Jaabir were not among those which were published.

eizure of privileged lawyer-client documents

On June 10 2006 the Department of Defense reported that three captives died in custody.The Department of Defense stated the three men committed suicide.Camp authorities called the deaths "an act of assymetric warfare", and suspected plans had been coordinated by the captive's attorneys -- so they seized all the captives' documents, including the captives' copies of their habeas documents.cite web
url=http://www.pegc.us/archive/OK_v_Bush/govt_resp_to_GK_20060815.pdf
title=Respondents' response to Court's August 7, 2006 order
date=August 15 2006
publisher=United States Department of Defense
accessdate=2008-06-23 [http://www.webcitation.org/query?url=http%3A%2F%2Fwww.pegc.us%2Farchive%2FOK_v_Bush%2Fgovt_resp_to_GK_20060815.pdf&date=2008-08-18 mirror] ] Since the habeas documents were privileged lawyer-client communication the Department of Justice was compelled to file documents about the document seizures.

Military Commissions Act

The Military Commissions Act of 2006 mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed.

Boumediene v. Bush

On June 12 2008 the United States Supreme Court ruled, in Boumediene v. Bush, that the Military Commissions Act could not remove the right for Guantanamo captives to access the US Federal Court system. And all previous Guantanamo captives' habeas petitions were eligible to be re-instated.

On July 18, 2008 David W. DeBruin filed a renewal for the habeas corpus of two of the five captives in Said v. Bush. The petition stated that "Salim Said" and two other captives had been repatriated.cite web
url=http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/139/0.pdf
title=Guantanamo Bay Detainee Litigation: Doc 139 -- Civil Action No. 05-CV-2384 (RWR) STATUS REPORT REGARDING SAID V. BUSH
publisher=United States Department of Justice
author=
date=2008-07-18
accessdate=2008-08-18
quote= ]

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.

Al Jabri chose to participate in his Administrative Review Board hearing. [http://www.dod.mil/pubs/foi/detainees/csrt/ARB_Transcript_Set_3_769-943_FINAL.pdf#124 Summarized transcript (.pdf)] , from Bandar Ahmad Mubarak Al Jabri's "Administrative Review Board hearing" - page 124]

The factors for and against continuing to detain Al Jabri were among the 121 that the Department of Defense released on March 3 2006. [http://www.dod.mil/pubs/foi/detainees/csrt/ARB_Factors_Set_1_944-1045.pdf#53 Factors for and against the continued detention (.pdf)] of Bandar Ahmad Mubarak Al Jabri "Administrative Review Board" - page 53]

"The following primary factors favor continued detention:

:""'a. Commitment:#"Detainee traveled to Afghanistan (AF) to receive military training.:#"The detainee stated that he wanted to get all the training in order to fight in Chechnya.:#"Detainee went to AF because he was advised that a Muslim has an obligation to get training and fight.:#"Detainee withdrew from the university and did not take his exams because he left for AF.:#"Detainee went to fight, to guarantee that he would go to paradise, after watching two sheiks discussing Chechnya.:#"Detainee stated he wanted to go to Jihad in Chechnya, while he was in AF.

:""'b. Location and Type of Training.:#"Detainee was trained on the AK-47, RPG, hand grenades, PK machine guns and 82mm mortar guns.:#"Detainee was trained on the Kalashnikov rifle, BK rifle, pistols, rocket propelled grenades, hand grenades, land navigation, low crawling, and physical training.:#"Detainee was trained in the Northern part of AF on the 40mm anti-aircraft guns.

:""'c, Connections to Organizations.:#"Detainee admits to being affiliated and allied with the Taliban.

:""'d, Intent to Attack or Engage American Interests.:#"Detainee and other detainees sang about the 9/11 attacks and sang songs that encouraged resistance to the JTF mission and praised Usama Bin Laden.

"The following primary factors favor release or transfer:

:* "The detainee stated that he did not admit to being a member of the Taliban.:* "The detainee stated that he did not fight against the United States and Taliban sic.:* "The detainee stated that he did not want to help or enroll in the Taliban army.:* "The detainee stated that he was returning to Saudi Arabia to be with his sick mother.:* "The detainee stated that he did not give any assistance to the Taliban.:* "JTF GTMO assessed detainee's conduct as generally, non-aggressive and compliant.:* "The detainee stated since he has been in Cuba, he seese that he made mistakes and will not repeat them in the future. The detainee said he wants to return to Saudi Arabi and go on with his life. The detainee states he has no bad feeling towards Americans and has never seen a reason to kill Americans. The detainee stated he does not believe in "payback" for being detained by the Americans and therefore will not retaliate if released.:* "The detainee did not graduate from the training camp. He had to stop training because he was experiencing asthma attacks.:* "The detainee denied receiving any training regarding chemical and or nuclear weapons. He denied any knowledge of camps that taught chemical or nuclear weaponry. The detainee advised that he believes that chemical weapons are too dangerous.:* "The detainee hear another detainee on his cellblock at Camp Delta shout out the U.S. would suffer a more serious attack than the one in New York. The detainee could not identify this individual because he was at the other end of the cellblock. The detainee stated he would report all information he heard about future attacks to interrogators.:* "The detainee did not carry or shoot a weapon other than at the Asil training camp and at the bunker. The detainee said he was not a member of the Taliban or al Qaida, and would not go back to AF if given the opportunity.

Repatriation

A captive that Saudi authorities called Bandar Al Jabri was repatriated to Saudi custody, with fifteen other men, on July 16 2007.cite news
url=http://www.arabnews.com/?page=1&section=0&article=98598&d=17&m=7&y=2007&pix=kingdom.jpg&category=Kingdom
title=More Gitmo Detainees Come Home
author=Raid Qusti
publisher=Arab News
date=July 17 2007
accessdate=2007-07-17]

References