Mishal Awad Sayaf Alhabiri

Brain damage

On March 3, 2006, the Department of Defense released 5,000 pages of documents about the detainees, in partial compliance with a court order from US District Court Justice Jed Rakoff.

Those documents revealed that Alhabiri suffered life-changing brain damage while in Guantanamo. Camp authorities attribute the brain damage to a suicide attempt on January 16, 2003:

"significant brain injury due to oxygen loss... He will need to be in some assisted-living situation, though he can follow simple concrete directions,"

Fellow captives, on the other hand, attribute to the brain damage to a brutal beating by the camp's controversial Immediate Reaction Force. They say the IRF was entering all the cells on Alhabiri's cell block when all the captives were loudly objecting to an account of Qur'an abuse.

b. Detainee engaged in hostilities against the US or its coalition partners.

1. Detainee drove a rocket launcher-mounted truck in combat against Northern Alliance forces.
2. Detainee was injured in hostilities against Northern Alliance forces.
3. Detainee admitted carrying a loaded Kalishnikov [sic] rifle while on the front line in Afghanistan.

His Personal Representative filed the following statement on his behalf.

"Detainee admits to being on the front lines in Afghanistan for 3 days. Detainee received weapons training in the Malik Center in Kabul at Al Farouq in Kandahar. Detainee was captured near Mazar-e Sharif while fighting inside Jenki Castle against the Northern Alliance, but not the United States.

"Detainee was not driving a rocket launcher mounted truck in combat against the Northern Alliance, he was driving a food supply vehicle.

"He was injured and fainted while fighting inside Jenki Castle at Mazar-e Sharif. Had been carrying a Kalishnikov rifle but does know what happened to it.

"Detainee is concerned about the status of his medical care if he is released.

Administrative Review Board

Detainees whose Combatant Status Review Tribunal labeled them "enemy combatants" were scheduled for annual Administrative Review Board hearings. These hearings were designed to assess the threat a detainee might pose if released or transferred, and whether there were other factors that warranted his continued detention.

A Summary of Evidence memo was prepared for Mishal Awad Sayaf Alhabiri's Administrative Review Board, on 9 December 2004. The memo listed factors for and against his continued detention.

The following primary factors favor continued detention

b. Alhabiri engaged in hostilities against the US or its coalition partners.

1. Alhabiri drove a rocket launcher - mounted truck in combat against Northern Alliance forces.
2. Alhabiri was injured in hostilities against Northern Alliance forces.
3. Alhabiri admitted carrying a loaded Kalashnikov rifle while on the front line in Afghanistan.

c. Alhabiri is committed to the Taliban and jihad.

1. Alhabiri did not say that he would pray for the Taliban to return to Afghanistan, only because it is their right to take care of their religion.
2. Alhabiri stated that he went to Afghanistan to die for the sake of Allah. Alhabiri admitted that he would fight against both the Jews and Christians to defend Islam.

d Detainee’s Conduct: Alhabiri’s overall behavior has been non-compliant and aggressive. As of June 2004, he is still trying to commit self-harm. Alhabiri harasses, spits on and has hit members of the guard force. Alhabiri has refused meals and medications.e. Based upon a review of recommendations from U.S. and Foreign agencies and classified and unclassified documents, Alhabiri is regarded as a continued threat to the United States and its allies.

The following primary factors favor release or transfer

b. Alhabiri admits being on the front lines in Afghanistan for 3 days. He admits receiving weapons training at Al Farouq. Alhadiri admits fighting inside Jenki Castle against the Northern Alliance, but not against the United States. Alhabiri also states that he was driving a food supply vehicle, not a rocket launcher mounted truck in combat against the Northern Alliance.

Board recommendations

In September 2007 the Department of Defense released an index to 133 captive's Boards memos containing the recommendations as to whether they should continue to be detained. The DoD also released the memos for those 133 men. Mishal Awad Sayaf Alhabri was not on that list. His Board's recommendation memo was not released.

Repatriation

Reuters cites a Human Rights Watch report that said Alhabri, and two other Saudis, were repatriated to Saudi custody on July 20, 2005. As of May 26, 2006 the three remain held, without charge, in Riyadh's al-Ha'ir prison.

As of July 26, 2007, Mishal al Harbi, who had received treatment at a hospital in Medina, had married a Saudi women and hoped to find a job that could make him self-reliant. Before he was allowed to marry, the Saudi Interior Ministry required that he complete a number of rehabilitation programs, required for all Guantanamo returnees.

Washington Post interview

On March 1, 2007 the Washington Post published an article about Alhabri, and his family.

The article quotes Alhabri, his older brother, and released fellow captives who had been held in cells neighboring Alhabri's, who offered an alternative account of his injury — that he was injured while the camp's Immediate Reaction Force were entering the cells of captives who were yelling in outrage after witnessing the Qur'an being abused.

According to the article Alhabri has seizures, slurred speech, tremors and twitches, and memory lapses. He uses a wheelchair. The article's final paragraph quotes his older brother, and caregiver: "All the men who were released from Guantanamo, they are now leading a normal life, But Mishal can't walk, get himself a glass of water or go to the bathroom by himself. I just want him to go back the way he was before Guantanamo."