|Jabran Said bin Al Qahtani|
|Born||1977 (age 37–38)
Tabuk, Saudi Arabia
|Arrested||March 2, 2002|
|Alternate name||Jabran Said Wazar Al Qahtani|
|Charge(s)||War crimes charges have been dismissed but may be refiled.|
|Status||Still held in Guantanamo|
As of August 11, 2011, Jabran Said Wazar al Qahtani has been held at Guantanamo for nine years. War crimes charges against al Qahtani were dismissed in 2008 but may be refiled.
Charges before a military commission
On November 7, 2005, the United States charged Jabran al Qahtani 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 in relation to being part of a bomb-making cell. The Canadian citizen, 18-year-old Omar Khadr, faces both murder and conspiracy to murder charges.
Al Qahtani, Barhoumi and Al Sharbi were dubbed "The Faisalabad Three" because they were captured together in that city. The three were captured with Abu Zubaydah, long believed to be a senior member of the al Qaeda leadership, in a safehouse in Faisalabad, Pakistan. The three are believed to have been members of Zubaydah's entourage. Zubaydah was later found to be a low-level functionary.
The three detainees kept insisting they wanted to defend themselves without the help of military or civilian attorneys.
In April 2006, Qahtani was one of three detainees charged in a military commission with being part of a bomb-making cell. He had boycotted the tribunals; his defense attorney, Army Lt. Col. Bryan Broyles, said that rights advocates have criticized the tribunals as "stacked to deliver convictions".
At the time, the tribunals were being challenged at the Supreme Court level. In Hamdan v. Rumsfeld (2006), the court found they were unconstitutional, as the executive branch had set up a separate judicial system outside the existing civil and military systems. In addition, it faulted the commissions for failures to protect defendants' rights. That year, Congress passed the Military Commissions Act of 2006, to authorize a separate system to prosecute enemy combatants and respond to issues raised by the Court. But, it also restricted detainees' access to federal courts and the use of the habeas corpus process. Pending suits were stayed.
Al Qahtani and the other men were re-charged in May 2008. On 21 October 2008, Susan J. Crawford, the Bush official in charge of convening the Office of Military Commissions, announced that the charges were dropped against Jabran Al Qahtani and four other captives, Binyam Mohamed, Ghassan al Sharbi, Sufyian Barhoumi, and Noor Uthman Muhammed. Carol J. Williams, writing in the Los Angeles Times reports that all five men had been connected to Abu Zubaydah -- one of the three captives whom the CIA has acknowledged was interrogated using the technique known as "waterboarding", commonly thought of as torture.
Williams said the men's attorneys expected new charges to be filed against the five within 30 days. They told Williams that: "... prosecutors called the move procedural", and attributed it to the resignation of the Prosecutor Darrel Vandeveld, who resigned on ethical grounds. Williams reported that Clive Stafford Smith, legal director of Reprieve, which represents numerous detainees, speculated that the Prosecution's dropping of the charges was intended to counter and disarm the testimony Vandeveld was expected to offer, that the Prosecution had withheld exculpatory evidence.
- OARDEC (May 15, 2006). "List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006" (PDF). United States Department of Defense. Retrieved 2007-09-29.
- "Jabran Said Wazar al Qahtani - The Guantánamo Docket". The New York Times.
- "USA v. al Qahtani" (PDF). US Department of Defense. November 7, 2005. Retrieved 2007-02-27.
- A Dilemma for the Defenders, Los Angeles Times, April 30, 2006
- David Morgan, "Saudi Man Admits Enemy Role at Guantanamo Hearing", Reuters, 26 April 2006, at Cageprisoners, accessed 12 February 2013
- Jane Sutton (2008-10-21). "U.S. drops charges against 5 Guantanamo captives". Reuters. Retrieved 2008-10-21. mirror
- Carol J. Williams (2008-10-21). "War crimes charges dropped against 5 in Guantanamo". Los Angeles Times. Retrieved 2008-10-21. mirror
- Jabran al-Qahtani's Guantanamo detainee assessment via Wikileaks
- Who Are the Remaining Prisoners in Guantánamo? Part Six: Captured in Pakistan (2 of 3) Andy Worthington, October 6, 2010
- Commissions Transcripts, Exhibits, and Allied Papers
- US military charges Omar Khadr with murder, CTV, November 7, 2005
- US charges five Guantanamo detainees with war crimes, China Daily, November 7, 2005
- Supreme Court to hear challenge to military commissions, San Francisco Mercury, November 7, 2005
Works related to Summary of Evidence for Combatant Status Review Tribunal - Al Qahtani, Jabran Said Wazar at Wikisource