Fahd Salih Sulayman Al Jutayli

Infobox WoT detainees
subject_name = Fahd Salih Sulayman Al Jutayli


image_size =
image_caption =
date_of_birth = Birth year and age|1983
place_of_birth = Burayada, Saudi Arabia
date_of_death =
place_of_death =
detained_at = Guantanamo
id_number = 177
group =
alias =
charge = no charge, held in extrajudicial detention
penalty =
status =
occupation =
spouse =
parents =
children =

Fahd Salih Sulayman Al Jutayli is a citizen of Saudi Arabia, held in extrajudicial detention in the United States Guantanamo Bay Naval Base, 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] Al Jutayli's Guantanamo detainee ID number is 177.
Joint Task Force Guantanamo counter-terrorism analysts estimates that Al Jutayli was born in 1983, in Burayada, 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 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.

ummary of Evidence memo

A Summary of Evidence memo was prepared for Fahd Salih Sulayman Al Jutayli's Combatant Status Review Tribunal, on 23 September 2004.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000101-000200.pdf#83
title=Summary of Evidence for Combatant Status Review Tribunal -- Al Jutayli, Fahd Salih Sulayman
date=23 September 2004
author=OARDEC
pages=page 83
publisher=United States Department of Defense
accessdate=2007-12-05] The memo listed the following allegations against him:

:"'a. The detainee is associated with Al Qaeda and is a Taliban fighter.:#Detainee was recruited to fight in Kashmir and Chechnya by a Jihadist recruiter in Saudi Arabia.:#Detainee joined the Taliban after receiving a Fatwa from Sheik Ha Al-Uqla at the Imam Muhammad Bin Saud College in Burayda, Saudi Arabia.:#Detainee trained at Al Farouq training camp in Afghanistan during September 2001.:#Detainee was trained on the Kalashnikov sic rifle, Pakistan machine gun, and a Russian pistol at the Al Farouq training camp.:#One of detainee's known aliases was on a list of captured Al Qaeda members that was discovered on a computer hard drive associated with a senior Al Qaeda member.

:"'b. The detainee participated in military operations against the coalition.:#Detainee was a fighter at Tora Bora.

Transcript

Al Jutayli participated in his Combatant Status Review Tribunal. [http://www.dod.mil/pubs/foi/detainees/csrt/Set_43_2811-2921.pdf#1 Summarized transcripts (.pdf)] , from Fahd Salih Sulayman Al Jutayli's "Combatant Status Review Tribunal" - pages 1-9] On March 3 2006 the DoD released a 9 page summarized transcript from his Tribunal.

testimony

ummarized Unsworn Detainee Statement

Al Jutayli denied all the allegations: :
*Al Jutayli denied going to Chechnya or Kashmir.
*Al Jutayli denied ever meeting Sheik Uqla.
*Al Jutayli denied ever fighting with the Taliban, Al Qaeda, or the coalition.
*Al Jutayli denied being trained on the machine guns.
*Al Jutayli denied knowing the captured al Qaeda member who was captured with a suspicious list that named him. [Al Jutayli said: "The name that you mentioned that was captured, I don't know anything about that name."]
*Al Jutayli confirmed that he attended a training camp -- but he didn't know if it was called Al Farouq, and did not know if it was run by al Qaeda.
*Al Jutayli claimed he was only trained on the use of handguns.
*Al Jutayli denied any knowledge of the presence of his names on suspicious lists. He claimed he only learned about Guantanamo after he was brought to Guantanamo. He claimed he didn't know what alias the allegations referred to.
*Al Jutayli claimed that the two months he was in Afghanistan for two months, and that this was only enough time to attend training. He claimed he would not have had time to both train and fight.
*Al Jutayli denied he was never near any fighting in Tora Bora.
*Al Jutayli claimed that all he did after he finished his training was try to get out of Afghanistan.
*Al Jutayli stated he did not have his passport with him when he fled Afghanistan for Pakistan.
*Al Jutayli stated a benefactor he met, during his flight, found him an Afghan guide to guide him through the Mountains. He stated he didn't know whether his benefactor paid his guide.

Fahd Salih Sulayman Al Jutayli v. George W. Bush

A writ of habeas corpus was submitted on Fahd Salih Sulayman Al Jutayli's behalf.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_977-1088.pdf#75
title=Fahd Salih Sulayman Al Jutayli v. George W. Bush
publisher=United States Department of Defense
date=22 December 2005
pages=Pages 75-97
accessdate=2007-12-05] In response the Department of Defense released 23 pages of unclassified documents arising from his Combatant Status Review Tribunal.

According to the Combatant Status Review Tribunal Decision Report Cover Sheet within that dossier hisTribunal convened on 7 October 2004.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_977-1088.pdf#80
title=Combatant Status Review Tribunal Decision Report Cover Sheet
publisher=United States Department of Defense
date=7 October 2005
pages=Page 80
accessdate=2007-12-05] His "enemy combatant" status was confirmed by Tribunal panel 12.

Al Jutayli's Personal Representative completed his Detainee election form on
5 October 2004.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/publicly_filed_CSRT_records_977-1088.pdf#93
title=Detainee election form
publisher=United States Department of Defense
date=5 October 2005
pages=Page 93
accessdate=2007-12-05] The box for marked "Wants to participate in Tribunal" was checked.The section for the Personal Representative's comments stated, simply:

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.

ummary of Evidence memo

A Summary of Evidence memo was prepared for Fahd Salih Sulayman Al Jutayli'sAdministrative Review Board, on 5 July 2005.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Factors_000197-000294.pdf#3
title=Unclassified Summary of Evidence for Administrative Review Board in the case of Al Jutayli, Fahd Salih Sulayman
date=5 July 2005
author=OARDEC
pages=pages 3-5
publisher=United States Department of Defense
accessdate=2007-12-05] The memo listed factors for and against his continued detention.

The following primary factors favor continued detention:

:"'a. Commitment:#The detainee received a fatwa from Sheik Ha Al-Uqla at the Immam Muhammad Bin Saud College in Burayda, Saudi Arabia to participate in ongoing conflicts in either Kashmir, Pakistan or Chechnya.:#The detainee's travel was also facilitated by Al-Uqla.:#Sheikh Hamud Al Uqla was a Saudi Arabian Mufti who issued fatwahs and encouraged people to fight jihad against Christians and Jews. Al Uqla condoned the 11 September 2001 attacks against the United States and helped raise money for Usama Bin Laden.:#The detainee traveled to Mecca and Jeddah, Saudi Arabia; Doha, Qatar; Karachi, Pakistan; Quetta, Pakistan; Qandahar, Afghanistan; Kabul, Afghanistan and finally to Jalalabad, Afghanistan.:#The detainee was identified by a senior al Qaida operative as a fighter belonging to the Khallad Bin Attash group at Tora Bora in late 2001. He was described as a new mujahidin.

:"'b. Training:#The detainee trained at al Farouq training camp in Afghanistan during September 2001.:#The detainee was trained on the Kalashnikov sic rifle, PK machine gun, and a Russian pistol at the al Farouq training camp.:#The detainee was trained by Al-Muhajir, believe to a member of al Qaida.:#Al-Muhahir has been identified as the most experienced person within al Qaida on the use of explosives.

:"'c. Connections/Associations:#The detainee was identified at the Nebras Arab guesthouse. This guesthouse was used by fighters heading to the al Farouq training camp and by Usama Bin Laden.:#The detainee's name was found on a computer used by suspected al Qaida members listing associated incarcerated in Pakistan.:#The detainee's name was found on a list recovered from safehouse raids associated with suspected al Qaida in Karachi, Pakistan.:#A Foreign Government Service listed the detainee as a high priority Saudi.:#The detainee's name was found on a hard drive associated with a senior al Qaida operative seized during raids on 1 March 2003 in Pakistan.:#The detainee's name was on a list for al Qaida Mujahidin who were scheduled to fight in Afghanistan, but who were arrested by Pakistani Authorities.

The following primary factors favor release or transfer:

:

Board recommendations

In early September 2007 the Department of Defense released two heavily redacted memos, from his Board, to Gordon England, the Designated Civilian Official.cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Decision_memos_000096-000195.pdf#51
title=Administrative Review Board assessment and recommendation ICO ISN 177
date=26 July 2005
author=OARDEC
publisher=United States Department of Defense
accessdate=2007-12-05
pages=page] cite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Round_1_Decision_memos_000096-000195.pdf#52
title=Classified Record of Proceedings and basis of Administrative Review Board recommendation for ISN 177
date=19 July 2005
author=OARDEC
publisher=United States Department of Defense
accessdate=2007-12-05
pages=page] The Board's recommendation was unanimousThe Board's recommendation was redacted.The Board concluded he continued to represent a threat to the United States.England authorized his transfer on July 28 2005.

Repatriation

According to The Saudi Repatriates Report Al Jutayli was one of fifteen men repatriated on May 15 2006.cite web
url=http://www.fotofest.org/guantanamo/SaudiReport.pdf
title=The Saudi Repatriates Report
author=Anant Raut, Jill M. Friedman
date=March 19 2007
accessdate=April 21
accessyear=2007]

References