Mohamed al-Kahtani

Infobox WoT detainees
subject_name = Mohamed Mani Ahmad al-Kahtani


image_size = 150px
image_caption =
date_of_birth = Birth year and age|1979
place_of_birth = Kharj, Saudi Arabia
date_of_death =
place_of_death =
detained_at = Guantanamo
id_number = 63
group =
alias = Muhammed Al Kahtani
charge = Charged February 2008, after six years of extrajudicial detention -- was subjected to extended interrogation methods in 2002; charges dropped in May 2008.
penalty =
status =
occupation = businessman
spouse =
parents =
children =

Mohamed Mani Ahmad al-Kahtani ( _ar. محمد مانع أحمد القحطاني sometimes transliterated Muhammed al-Qahtani) is an alleged member of the terrorist group al-Qaeda. He allegedly intended to come to the United States to take part in the September 11, 2001 attacks as a "muscle hijacker", but he was prevented due to suspicions that he was attempting to immigrate. Since January of 2002, al-Kahtani has been held in the Guantanamo Bay detention camps, with regards to his alleged terrorist connections.Fact|date=May 2008

In November 2006, senior investigators with the Defense Department's Criminal Investigation Task Force (CITF) told MSNBC.com that military prosecutors said al-Kahtani would be "unprosecutable" because of what was done to him during interrogation. cite web| url=http://www.msnbc.msn.com/id/15361462/| title=Can the ‘20th hijacker’ of Sept. 11 stand trial? Aggressive interrogation at Guantanamo may prevent his prosecution| month=Oct. 24| year=2006| accessdate=2006-11-05]

One of the organizers of the September 11 attacks, Mustafa al-Hawsawi, referred to al-Kahtani in intercepted telephone calls as "the last one" to "complete the group". He was charged on February 11, 2008 with war crimes and murder, and faced the death penalty if convicted. On May 12, 2008, charges were dismissed without prejudice by the convening authority for military commissions, Susan Crawford, according to news reports.cite web| url=http://www.msnbc.msn.com/id/24587062/
title=Charges dropped against '20th' hijacker: U.S. officials have said Saudi was subjected to harsh treatment
date=2008-05-13
accessdate=2008-05-13]

__TOC__

Documented Abuses While in Guantanamo

At Guantánamo, Mohammed Al Kahtani was subjected to a regime of aggressive interrogation techniques, known as the “First Special Interrogation Plan,” that were authorized by U.S. Secretary of Defense Donald Rumsfeld and implemented under the supervision and guidance of Secretary Rumsfeld and the commander of Guantánamo, Major General Geoffrey Miller. cite web | title =Interrogation Log Detainee 063| publisher =Center for Constitutional Rights| date =2002-11-23| url =http://ccrjustice.org/files/Publication_AlQahtaniLog.pdf| accessdate =2008-02-29|format=PDF]

Charged before a military commission

[
cite news
url=http://www.miamiherald.com/1240/story/264882.html
title=Big Savings: Trials in tents
publisher=Miami Herald
author=Carol Rosenberg
date=2007-09-06
accessdate=2008-10-05
quote= [http://www.webcitation.org/query?url=http%3A%2F%2Fwww.miamiherald.com%2F1240%2Fstory%2F264882.html&date=2008-10-05 mirror] ] ] The "New York Times" reported on February 9 2008 that the Office of Military Commissions was close to laying charges against six of the more high value detainees, including Al Qahtani.cite news
url=http://graphics8.nytimes.com/images/2008/02/09/washington/gitmoFull.gif
title=A Guantanamo Trial
publisher=New York Times
date=February 9 2008
accessdate=2008-02-10
quote=Mohammed al-Qahtani, (captured) December 2001, Believed by American officials to have been the planned 20th hijacker. A month before the attacks, he flew to Orlando but was denied entry.]

Charges laid

He was charged on February 11, 2008 with war crimes and murder, and faces the death penalty if convicted.

Gitanjali Gutierrez, an attorney with the Center for Constitutional Rights (CCR), will be representing Mr. Al Kahtani against the war crime and murder charges. Attorneys at CCR denounce the systematic use of torture as well as challenge the validity of the military commission and the use of evidence obtained via torture in his death penalty case. In a recent press release, CCR claimed that “the military commissions at Guantanamo allow secret evidence, hearsay evidence, and evidence obtained through torture. They are unlawful, unconstitutional, and a perversion of justice.” cite web | title =CCR challenges validity of military commissions and use of torture evidence in new death penalty cases| publisher =Center for Constitutional Rights| date =2008-02-11| url =http://ccrjustice.org/newsroom/press-releases/ccr-challenges-validity-military-comissions-and-use-torture-evidence-new-dea| accessdate =2008-02-28]

Charges dropped

On May 11 2008 the charges against Mohamed were dropped.cite news
url=http://news.bbc.co.uk/2/hi/americas/7398953.stm
title=Key 9/11 suspect charges dropped
publisher=BBC News
date=Tuesday, 13 May 2008
accessdate=2008-05-13
quote=] cite news
url=http://www.theaustralian.news.com.au/story/0,25197,23696355-2703,00.html
title=Charges against 9/11 man dropped
publisher=The Australian
date=14 May 2008
accessdate=2008-05-13
quote=]
Commander Jeffrey Gordon, a Pentagon spokesman, told reporters that it was possible for the charges to be re-instated, at a later date, because they had been dropped "without prejudice".The reasons for the dismissal were not made public.

First arrest, and deportation by Immigration authorities

On August 4, 2001, al-Kahtani flew into Orlando, Florida, from Dubai. Mohammed Atta, the lead hijacker and pilot, drove to the Orlando International Airport to allegedly meet him, but al-Kahtani was being held by immigration officials. The officials were suspicious because al-Kahtani had little money, could speak no English, and used a one-way ticket. He frequently changed his story and could not adequately explain why he was visiting the United States. Thinking he was likely to become an illegal immigrant, al-Kahtani was sent back to Dubai. With the help of Hawsawi, he then travelled to Pakistan.

econd capture, transfer to Guantanamo

After the attacks, al-Kahtani was rounded up with many foreigners in Afghanistan and was sent to the United States Navy base at Guantanamo Bay, Cuba. After ten months, U.S. authorities discovered that he was a suspected attempted hijacker, and he was interrogated. [http://select.nytimes.com/gst/abstract.html?res=F30B16F9395D0C728EDDAF0894DC404482 U.S. Said to Overstate Value of Guantánamo Detainees] , "New York Times", June 21 2004 - [http://www.truthout.org/docs_04/062204C.shtml - mirror] ] After details of his status were leaked, the US Department of Defense issued a press release stating that Kahtani had admitted:
*He had been sent to the U.S. by Khalid Shaikh Mohammed, the lead architect of the 9/11 attack;
*That he had met Osama Bin Laden on several occasions;
*That he had received terrorist training at two al-Qaeda camps;
*That he had been in contact with many senior al-Qaeda leaders.

According to the Department of Defense: [http://www.fas.org/irp/news/2005/06/dod061205.html Guantanamo Provides Valuable Intelligence Information] , "US Department of Defense", June 12 2005]

"To understand Kahtani’s interrogation, it is important to remember the post-9/11 environment during this period.
*There had just been anthrax attacks in the U.S. in December 2001.
*Richard Reid tried to blow up a U.S. airliner with a shoe bomb.
*Over the spring and summer, there were deadly attacks in Tunisia and Pakistan.
*In October 2002 al-Qaeda leader Ayman Zawahiri released a tape recording stating “God willing, we will continue targeting the keys of the American economy.”
*In September and October, the FBI broke up the Buffalo six cell in New York.
*On October 6, 2002, al-Qaeda attacked a French oil tanker off the coast of Yemen, an attack that harkened back to the killing of 17 service members on the USS Cole.
*On October 8, 2002, al-Qaeda gunmen shot and killed a US Marine in Kuwait.
*On October 12, 2002, al-Qaeda affiliate Jemaah Islamiya bombed a nightclub in Bali, Indonesia, killing more than 200 and injuring about 300.
*On November 28, 2002, al-Qaeda fired two anti aircraft missiles at a Boeing 757 aircraft flying from Mombassa, Kenya to Israel; suicide bombers also attacked the Paradise Hotel in Mombassa, Kenya killing 15 and injuring 40.
*On December 30, 2002, three U.S. citizens were killed in Yemen during an attack on Baptist Missionary Hospital."

Interrogation log

On March 3 2006, Time magazine published the secret log of 49 days of 20-hour-per-day interrogation. [http://www.time.com/time/2006/log/log.pdf Interrogation log] , "US Department of Defense", November 23 2002 through January 11 2003] The log described how al-Kahtani was forcibly administered intravenous fluids, and drugs, and was forcibly given enemas, in order to keep his body functioning well enough for the interrogations to go on.

The log, titled "SECRET ORCON INTERROGATION LOG DETAINEE 063", offers a daily, detailed view of the interrogation techniques used to obtain confession from him from November 23, 2002, to January 11, 2003. These include the following:

* Restraint on a swivel chair for long periods
* Deprivation of sleep for long periods
* Loud music and white noise played to prevent the detainee from sleeping
* Various humiliations, such as training the detainee to act as a dog
* Lowering the temperature in the room, then throwing water to the detainee's face
* Forcing the detainee to pray to Osama Bin Laden
* Various interrogation techniques described as "pride & ego down", "circumstantial evidence", "fear-up", or "Al Qaeda falling apart"

At no point during the interrogation log does al-Kahtani explicitly admit to being a member of Al Qaeda, although his stated reasons for travelling to the United States and Afghanistan - what the US interrogators refer to as his cover story - appear inconsistent. Furthermore, the entry for 2003-01-01 relates how al-Kahtani blames Osama bin Laden for deceiving the 19 9/11 hijackers ("his friends"): :2A0780 asked how one man, Bin Laden, convince ["sic"] 19 young men to kill themselves, (detainee was starting to fade he was going in and out of sleep.) The question was repeated, detainee stated that they were tricked, that he distorted the picture if ["sic"] front of them, 2A0780 asked detainee if this made him mad, detainee stated yes, (detainee did not realize that 2A780 ["sic"] had not started putting detainee into the picture) 2A0780 asked detainee if he was mad that his friends had been tricked, detainee said yes. 2A0780 asked detainee if his friends knew about the plan, detainee said no, 2A0780 asked if detainee knew about the plan, detainee stated that he didn't know. 2A0780 asked detainee if it made him mad that he killed his friends, detainee stated yes. 2A0780 asked detainee if he was glad that he didn’t die on the plane, detainee stated yes. 2A0780 asked detainee if his parents were happy that he didn’t die detainee stated yes. 2A0780 stated "he killed your friends" detainee stated yes. ["Ibid." page 72. Reviewed on 2008-02-20.]

When asked about his greatest sins in his life, al-Kahtani responded that he had not taken care of his parents properly, had not finished school and had not been able to repay $20,000 he had borrowed from his aunt.

Recantation

On March 3 2006, al-Kahtani's lawyer was allowed to reveal that her client had recanted the accusations he had levelled against his fellow detainees. [http://www.time.com/time/nation/article/0,8599,1169322,00.html Exclusive: "20th Hijacker" Claims That Torture Made Him Lie] , "Time", March 3 2006] He had told his lawyer that he was forced to falsely confess, and name names, in order to get his "extended interrogation" to end. Al-Kahtani had accused 30 other detainees of being former bodyguards of Osama bin Laden.

Prospects of trial uncertain

In November 2006, senior investigators with the Defense Department's Criminal Investigation Task Force (CITF) told MSNBC.com that they were told by military prosecutors that al-Kahtani would be "unprosecutable" because of what was done to him during interrogation. cite web| url=http://www.msnbc.msn.com/id/15361462/| title=Can the ‘20th hijacker’ of Sept. 11 stand trial? Aggressive interrogation at Guantanamo may prevent his prosecution| month=Oct. 23| year=2006| accessdate=2006-11-05]

Post interrogation conditions of incarceration

On September 6 2006, President Bush announced that 14 detainees who had been held in previously secret overseas CIA interrogation centres, and subjected to interrogation techniques, like waterboarding and mock executions, had been sent to Guantanamo.The "Washington Post" reports that the new inmates will be held in conditions similar to those imposed on al-Kahtani, including isolation and 24 hours of continuous light. [http://www.washingtonpost.com/wp-dyn/content/article/2006/09/07/AR2006090701488_pf.html Guantanamo More Strict, Detainees Say: Defense Attorneys Relate Clients' 'Despair'] , "Washington Post", September 8 2006]

CSRT-Nocite web
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000001-000100.pdf#77
title=Summary of Evidence for Combatant Status Review Tribunal -- AL QAHTANI, Muhammad Mani Ahmed Al Shai Lan
publisher=United States Department of Defense
author=OARDEC
date=October 21 2004
pages=page 77
accessdate=2007-10-03] :

:

Transcript

There is no record that Mohammed al-Qahtani participated in his first annual Administrative Review Board hearing.

econd annual Administrative Review Board hearing

He did attend his second annual Administrative Review Board hearing.cite news
url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Transcript_2000-2099.pdf#30
title=Summary of Evidence
pages=pages 30-49
publisher=
author=
date=October 2006
accessdate=2007-11-10]

Enemy Combatant election form

Mohammed al-Qahtani's Assisting Military Officerreport that they met for a pre-hearing interviewson October 12 2006 and October 13 2006.His Assisting Military Officer described him as"cooperative and attentive".

The following primary factors favor continued detention:

:

Translation problems

Mohammed al Qahtani's Presiding Officer noticed that the version of his statement that had been previously translatedinto English and distributed to the Board members differed markedly from the version read out by the translator.

Concluding statements

Mohammed al Qahtani's Presiding Officer thanked him for being respectful.His Presiding Officer said he hoped he appreciated that they had been patient and respectful in return.His Presiding Officer explicitly stated that they heard his account of torture, and they would bear it in mind when they were presented with the classified evidence.His Presiding Officer encouraged him to encourage other captives to attend their Board hearings.

Board members wanted to ask Mohammed al Qahtani questions about his statement, and his responses to the allegations against him.His Presiding Officer ruled that Mohammed al Qahtani had been clear that he wanted to follow his lawyer's advice and declinefrom answering questions. Mohammed al Qahtani offered this final concluding statement:quotation
To be honest with you, I just want to summarize the most important things to you.I just want to mention to you that there are other things that happened like torture and abuse.I do not want to put the image of the United States down. To be honest with you, I have been here five years and I have mentioned any of these things to the outside because I do not want to ruin the reputation of the United States military.That's not proper.Let's be more serious and more practical.I just want to mention to you about the torture and the things that happened to me.I just want to talk about what was said regarding me in the past and also prove to you that in the future I will not pose any threat to you or the United States.

References

External links

* [http://www.gpoaccess.gov/911/index.html The Final 9/11 Commission Report PDF] , July 17, 2005
* [http://www.faqs.org/docs/911/ The Final 9/11 Commission Report HTML] , July 17, 2005
*Bill Dedman, [http://www.msnbc.msn.com/id/15361462/ Can the ‘20th hijacker’ of Sept. 11 stand trial? Aggressive interrogation at Guantanamo may prevent his prosecution HTML] , Oct. 24, 2006
* [http://www.ourpublicservice.org/staff_name3761/staff_name_show.htm?doc_id=228748 Information from the Partnership for Public Service] , 2005
* [http://www.usatoday.com/news/world/2004-06-22-kahtani-usat_x.htm "Search began with a stubborn detainee"] , "USA Today] ", June 22, 2004
* [http://www.fas.org/irp/news/2005/06/dod061205.html "Guantanamo Provides Valuable Intelligence Information"] "Department of Defense" Press Release, June 12, 2005 - Description of Kahtani's interrogation at Guantanamo Bay
* [http://www.pbs.org/newshour/bb/military/jan-june05/gitmo_6-13.html Interview with Adam Zagorin about Al Qathani's interrogation log] , "The NewsHour with Jim Lehrer", June 13, 2005
* [http://www.pbs.org/newshour/bb/military/july-dec05/gitmo_7-13.html Allegations of Abuse] , "The NewsHour with Jim Lehrer", July 13, 2005 - interview with Senator John Warner and General Bantz Craddock and General Randall Schmidt.
* [http://www.msnbc.msn.com/id/23108871 Pentagon charges 6 in 9-11 attacks]
* [http://www.msnbc.msn.com/id/23120362 'Clean team' interrogated 9-11 suspects]