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Jabran Said bin Al Qahtani

Court Military Commission, United States
Other names
  • Salam al Farsi
  • Jabran Wazar
  • Hateb
  • Jabran al Qahtan
  • Saad Wazar Hatib Jabran
  • Jabran Saad Wazar Sulayman
Categories Conspiracy, Material support to terrorism
Keywords Al Qaeda, conspiracy, Pakistan, Provision of material support for terrorism, War on terrorism
Other countries involved
  • Saudi Arabia
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Procedural history

On 28 March 2002, Al Qahtani and others were captured in a safe house in Faisalabad, Pakistan. 

The initial charges were filed in 2005 and related to conspiracy. Al Qahtani and others allegedly willfully and knowingly joined an enterprise of persons who shared a common criminal purpose and conspired and agreed with, among others, Osama bin Laden, “to commit the following offenses triable by military commission: attacking civilians; attacking civilian objects; murder by an unprivileged belligerent; destruction of property by an unprivileged belligerent; and terrorism”. See United States of America v. Jabran Said bin Al Qahtani, Charge Sheet, November 2005.

On 4 November 2005, the charges were approved. See United States of America v. Jabran Said bin Al Qahtani, Case No. 05-0007, Military Commission, Approval of Charges, 4 November 2005.

Following the US Supreme Court decision in Hamdan v. Rumsfeld, the charges were dropped. The charges were re-filed on 28 May 2008 under the Military Commissions Act of 2006 for conspiracy and providing material support for terrorism. See Jabran Said Bin Al Qahtani, Sworn Charges, 28 May 2008.

On 21 October, 2008, the Defense Department announced that Judge Susan Crawford of the Office of Military Commissions Convening Authority, had dismissed without prejudice the charges against, among others, Jabran Said Bin al Qahtani. (Dismissed without prejudice means that charges can be raised again at a later time.) No reasons were provided for this decision, and the individuals remained in detention. See U.S. Department of Defense, Press Release, 'Charges Dismissed Against Five Guantanamo Detainees', 21 October 2008. See also, Jane Sutton, 'U.S. Drops Charges Against 5 Guantanamo Captives', Reuters, 21 October 2008, and C.J. Williams, 'Charges Dropped in Terror Cases', Los Angeles Times, 22 October 2008.

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Legally relevant facts

It was alleged that in October 2001, Al Qahtani, a Saudi electrical engineering graduate, attended terrorist trainings in Kabul, Afghanistan. Later, he was transferred to a guest house in Faisalabad, Pakistan where, together with others, he would obtain further training. It was alleged that Al Qahtani provided training and wrote instructional manuals on assembling improvised explosive devices. In March 2002, they were captured at the Faisalabad safe house and transferred to the US Naval Base in Guantanamo Bay (Cuba) on 5 August 2002. He was charged with conspiring with Osama bin Laden and other members of al Qaeda to commit various war crimes and terrorism. (See the charge sheets of 2005 and 2008).

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Specific legal rules and provisions

  • Conspiracy: Paragraph 950v(b) of Title 28 of the US Code.
  • Providing Material Support for Terrorism: Paragraph 950v(b) of Title 25 of the US Code.

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Instruments cited

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Additional materials