Fahd Salih Sulayman Al Jutayli

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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.^[1] 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.

Main article: minors detained in the global war on terror

[edit] Combatant Status Review Tribunal

Combatant Status Review Tribunals were held in a trailer the size of a large RV. The captive sat on a plastic garden chair, with his hands and feet shackled to a bolt in the floor.^[2][3] Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.^[4]

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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.

[edit] Summary 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.^[5] The memo listed the following allegations against him:

a. The detainee is associated with Al Qaeda and is a Taliban fighter.

1. Detainee was recruited to fight in Kashmir and Chechnya by a Jihadist recruiter in Saudi Arabia.
2. Detainee joined the Taliban after receiving a Fatwa from Sheik Ha Al-Uqla at the Imam Muhammad Bin Saud College in Burayda, Saudi Arabia.
3. Detainee trained at Al Farouq training camp in Afghanistan during September 2001.
4. Detainee was trained on the Kalashnikov ^[sic] rifle, Pakistan machine gun, and a Russian pistol at the Al Farouq training camp.
5. 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.

1. Detainee was a fighter at Tora Bora.

[edit] Transcript

Al Jutayli participated in his Combatant Status Review Tribunal.^[6] On March 3, 2006 the DoD released a 9 page summarized transcript from his Tribunal.

[edit] testimony

[edit] Summarized Unsworn Detainee Statement

Al Jutayli denied all the allegations:

The words that you said are not true. The Accusations you presented are not true. I don't understand what you want me to do. Do you want me to talk to the Personal Representative? What should I tell him?

• 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.^[7]
• 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.

[edit] Fahd Salih Sulayman Al Jutayli v. George W. Bush

A writ of habeas corpus was submitted on Fahd Salih Sulayman Al Jutayli's behalf.^[8] 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 his Tribunal convened on 7 October 2004.^[9] His "enemy combatant" status was confirmed by Tribunal panel 12.

Al Jutayli's Personal Representative completed his Detainee election form on 5 October 2004.^[10] The box for marked "Wants to participate in Tribunal" was checked. The section for the Personal Representative's comments stated, simply:

"No witnesses. Polite and calm."

[edit] Administrative Review Board hearing

Hearing room where Guantanamo captive's annual Administrative Review Board hearings convened for captives whose Combatant Status Review Tribunal had already determined they were an "enemy combatant".^[11]

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.

[edit] Summary of Evidence memo

A Summary of Evidence memo was prepared for Fahd Salih Sulayman Al Jutayli's Administrative Review Board, on 5 July 2005.^[12] The memo listed factors for and against his continued detention.

[edit] The following primary factors favor continued detention:

a. Commitment

1. 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.
2. The detainee's travel was also facilitated by Al-Uqla.
3. 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.
4. The detainee traveled to Mecca and Jeddah, Saudi Arabia; Doha, Qatar; Karachi, Pakistan; Quetta, Pakistan; Qandahar, Afghanistan; Kabul, Afghanistan and finally to Jalalabad, Afghanistan.
5. 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

1. The detainee trained at al Farouq training camp in Afghanistan during September 2001.
2. The detainee was trained on the Kalashnikov ^[sic] rifle, PK machine gun, and a Russian pistol at the al Farouq training camp.
3. The detainee was trained by Al-Muhajir, believe to a member of al Qaida.
4. Al-Muhahir has been identified as the most experienced person within al Qaida on the use of explosives.

c. Connections/Associations

1. 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.
2. The detainee's name was found on a computer used by suspected al Qaida members listing associated incarcerated in Pakistan.
3. The detainee's name was found on a list recovered from safehouse raids associated with suspected al Qaida in Karachi, Pakistan.
4. A Foreign Government Service listed the detainee as a high priority Saudi.
5. 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.
6. 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.

[edit] The following primary factors favor release or transfer:

a.	The detainee stated he would not participate in another Jihad if he were released.
b.	The detainee advised he was not aware that camp al Farouq was conducted by al Qaida.
c.	The detainee denied having any prior knowledge of the September 11th attacks or any future attacks against the United States and its interests.
d.	The detainee also stated that he had not heard of any plans of escape or any plans of attack on the Military Police at Camp X-ray.
e.	The detainee denied having ever met Usama Bin Laden during any of his travels.
f.	The detainee was identified by a foreign government service as being of low intelligence or law enforcement value to the United States. He was also unlikely to pose a terrorist threat to the United States or its interests.

[edit] 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.^[13][14] The Board's recommendation was unanimous The 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.

[edit] Repatriation

According to The Saudi Repatriates Report Al Jutayli was one of fifteen men repatriated on May 15, 2006.^[15]

[edit] References

1. ^ OARDEC (May 15, 2006). List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006. United States Department of Defense. Retrieved on 2007-09-29.
2. ^ Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11, 2004 - mirror
3. ^ Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
4. ^ Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials. United States Department of Defense (March 6, 2007). Retrieved on 2007-09-22.
5. ^ OARDEC (23 September 2004). Summary of Evidence for Combatant Status Review Tribunal -- Al Jutayli, Fahd Salih Sulayman page 83. United States Department of Defense. Retrieved on 2007-12-05.
6. ^ Summarized transcripts (.pdf), from Fahd Salih Sulayman Al Jutayli's Combatant Status Review Tribunal - pages 1-9
7. ^ Al Jutayli said: "The name that you mentioned that was captured, I don't know anything about that name."
8. ^ Fahd Salih Sulayman Al Jutayli v. George W. Bush Pages 75-97. United States Department of Defense (22 December 2005). Retrieved on 2007-12-05.
9. ^ Combatant Status Review Tribunal Decision Report Cover Sheet Page 80. United States Department of Defense (7 October 2005). Retrieved on 2007-12-05.
10. ^ Detainee election form Page 93. United States Department of Defense (5 October 2005). Retrieved on 2007-12-05.
11. ^ Spc Timothy Book. "Review process unprecedented", JTF-GTMO Public Affairs Office, Friday March 10, 2006, pp. pg 1. Retrieved on 2007-10-10. 
12. ^ OARDEC (5 July 2005). Unclassified Summary of Evidence for Administrative Review Board in the case of Al Jutayli, Fahd Salih Sulayman pages 3-5. United States Department of Defense. Retrieved on 2007-12-05.
13. ^ OARDEC (26 July 2005). Administrative Review Board assessment and recommendation ICO ISN 177 page. United States Department of Defense. Retrieved on 2007-12-05.
14. ^ OARDEC (19 July 2005). Classified Record of Proceedings and basis of Administrative Review Board recommendation for ISN 177 page. United States Department of Defense. Retrieved on 2007-12-05.
15. ^ Anant Raut, Jill M. Friedman (March 19, 2007). The Saudi Repatriates Report. Retrieved on April 21, 2007.