Fahed Al Harazi is a citizen of Saudi Arabia who was held in extrajudicial detention in the United States Guantanamo Bay detention camps, in Cuba. Al Harazi's Guantanamo Internment Serial Number was 79. According to the Department of Defense Al Harazi was born on November 18, 1978 in Mecca, Saudi Arabia.
Combatant Status Review
Detainees do not have the right to a lawyer before the CSRTs or to access the evidence against them. The CSRTs are not bound by the rules of evidence that would apply in court, and the government’s evidence is presumed to be “genuine and accurate.” However, unclassified summaries of relevant evidence may be provided to the detainee and each detainee has an opportunity to present “reasonably available” evidence and witnesses.
From July 2004 through March 2005, a CSRT was convened to make a determination whether each captive had been correctly classified as an "enemy combatant". Fahed Al Harazi was among the one-third of prisoners for whom there was no indication they chose to participate in their tribunals.
In the landmark case Boumediene v. Bush, the U.S. Supreme Court found that CSRTs are not an adequate substitute for the constitutional right to challenge one's detention in court, in part because they do not have the power to order detainees released. The Court also found that "there is considerable risk of error in the tribunal’s findings of fact."A Summary of Evidence memo was prepared for the tribunal, listing the alleged facts that led to his detainment. His memo accused him of the following:
- a. The detainee is an Al-Qaida or Taliban fighter:
- In or about March 2001, the Detainee traveled to Afghanistan to fight the Jihad.
- The Detainee trained with the Taliban in the assembly, disassembly, and shooting of a Kalishnikov and B.K. rifles, as well as throwing grenades.
- The Detainee traveled with Taliban fighters and stayed in a Taliban guesthouse in Konduz.
- The Detainee attended an Al-Qaida affiliated training camp in Afghanistan.
- b. The detainee participated in military operations against the coalition.
Administrative Review Board
Captives whose CSRT labeled them "enemy combatants" were scheduled for annual Administrative Review Board hearings. These hearings were designed to judge whether the captive still posed a threat if repatriated to their home country.
The factors for and against continuing to detain Al Harazi were among the 121 that the Department of Defense released on March 3, 2006.
The following primary factors favor continued detention
- A. The Enemy Combatant is an Al-Qaida fighter.
- B. The detainee participated in military operations against the coalition.
- C. Based upon a review of recommendations from US Government agencies and classified and unclassified documents, Enemy Combatant is regarded as a threat to United States and it’s Allies.
- This detainee has a past history of passive-aggressive and aggressive behavior. The detainee has a mixture of both assaults and non-compliant behavior in his disciplinary record.
- Detainees [sic] name was found on a roster of the Military Committee Al-Mujahidin Affairs Office, outlining a by-name list of nominees for the Al Qaida Trainers Preparation Course.
- Detainee was a trainer in Al Faruq Camp.
The following primary factors favor release or transfer
- No information available
Sixteen Saudi were repatriated on September 16, 2007. One of the released men was named Fahd Atiyyah Hamza al-Harazi.
- ↑ OARDEC (2006-05-15). "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. http://www.dod.mil/news/May2006/d20060515%20List.pdf. Retrieved 2007-09-29.
- ↑ Worthington, Andy, The Guantanamo Files: The Stories of the 774 Detainees in America's Illegal Prison, Pluto Press. ISBN 0745326658 2007
- ↑ "Q&A: What next for Guantanamo prisoners?". BBC News. 2002-01-21. http://news.bbc.co.uk/2/hi/americas/1773140.stm. Retrieved 2008-11-24. mirror
- ↑ Elsea, Jennifer K. (July 20, 2005). "Detainees at Guantanamo Bay: Report for Congress" (PDF). Congressional Research Service. http://www.fas.org/sgp/crs/natsec/RS22173.pdf. Retrieved 2007-11-10.
- ↑ OARDEC, Index to Transcripts of Detainee Testimony and Documents Submitted by Detainees at Combatant Status Review Tribunals Held at Guantanamo Between July 2004 and March 2005, September 4, 2007
- ↑ "Boumediene v. Bush". June 12, 2008. http://www.law.cornell.edu/supct/html/06-1195.ZO.html. "... the procedural protections afforded to the detainees in the CSRT hearings ... fall well short of the procedures and adversarial mechanisms that would eliminate the need for habeas corpus review."
- ↑ "Boumediene v. Bush". June 12, 2008. http://www.law.cornell.edu/supct/html/06-1195.ZO.html.
- ↑ Book, Spc. Timothy. The Wire (JTF-GTMO Public Affairs Office), "Review process unprecedented", March 10, 2006
- ↑ Factors for and against the continued detention (.pdf) of Fahed Al Harazi Administrative Review Board - page 45
- ↑ "Sixteen Saudis return from Guantanamo Bay prison". Asharq Al-Awsat. September 6, 2007. http://aawsat.com/english/news.asp?section=1&id=10114. Retrieved 2007-09-07.