Mishal Awad Sayaf Alhabiri
Mishal Awad Sayaf Alhabiri | |
|---|---|
| Born | 1980 Minawara, Saudi Arabia |
| Occupation | Former detainee |
| Known for | Detention at Guantanamo Bay; brain injury during detention |
Mishal Awad Sayaf Alhabiri (Arabic: مشعل عواد سياف الهابري) is a Saudi national who was detained without formal charges at the U.S. detention facility located in Guantanamo Bay, Cuba. His Internment Serial Number was 207. U.S. intelligence officials estimate his birth year as 1980, with Minawara, Saudi Arabia, listed as his place of origin.
Brain injury
On March 3, 2006, documents released by the U.S. Department of Defense disclosed that Alhabiri endured significant brain injury during his confinement. This condition was reportedly linked to a suicide attempt on January 16, 2003, which caused oxygen deprivation and left him requiring assisted living support, although he retained the ability to comprehend and follow basic instructions.
Conversely, other detainees have asserted that his brain damage was inflicted through a severe beating by camp personnel amid protests related to the mishandling of Qur'an texts, raising serious concerns about detainee treatment practices at Guantanamo.
Combatant Status Review
Initially, the Bush administration maintained that captives in the War on Terror were not entitled to protections under the Geneva Conventions. Critics countered that the United States was obligated to implement fair tribunals to establish detainees' status. Subsequently, the Department of Defense established Combatant Status Review Tribunals (CSRTs) to determine if individuals met the criteria of "enemy combatant."
Detainees do not have legal representation during CSRT proceedings and are denied access to all evidence used against them. The CSRTs operate without adherence to judicial rules of evidence, presuming government submissions as “authentic and accurate.” Nonetheless, detainees may receive summaries of unclassified information and can present evidence and witnesses that are "reasonably available."
From July 2004 through March 2005, these tribunals reassessed detainee classifications; approximately one-third of detainees, including Mishal Awad Sayaf Alhabiri, chose not to participate in their hearings.
In the landmark case Boumediene v. Bush, the U.S. Supreme Court determined that CSRTs fail to offer an adequate substitute for constitutional habeas corpus rights because they lack authority to order release and possess a substantial risk of factual inaccuracies.
A Summary of Evidence memo prepared for Alhabiri accused him of Taliban affiliation and participation in hostilities against U.S. or coalition forces. Allegations included weapons training, engaging in frontline combat, and capture near Mazar-e Sharif while retreating alongside Taliban fighters.
Alhabiri’s Personal Representative reported that he acknowledged being present on the front lines and receiving weapons training but denied operating a rocket launcher truck—stating it was actually a food supply vehicle—and mentioned sustaining injuries during combat with Northern Alliance forces inside Jenki Castle. He also voiced concerns regarding medical treatment if released.
Administrative Review Board
Individuals designated as "enemy combatants" by Combatant Status Review Tribunal faced yearly Administrative Review Board hearings intended to assess any potential threat they might pose upon release or transfer, as well as to evaluate factors influencing ongoing detention.
A December 9, 2004 Summary of Evidence memorandum for Mishal Awad Sayaf Alhabiri’s Administrative Review Board hearing detailed arguments both supporting and opposing his continued detention.
Primary factors favoring continued detention
Primary factors favoring release or transfer
Board recommendations
In September 2007, the Department of Defense published an index along with memoranda for 133 detainees' Boards of Review, which advised on whether continued detention was warranted. Mishal Awad Sayaf Alhabri was excluded from this list, and no recommendation memo from his Board has been made public.
Repatriation
A report by Human Rights Watch, referenced by Reuters, indicates that Alhabri and two other Saudi nationals were returned to Saudi custody on July 20, 2005. As of May 26, 2006, these individuals remained detained without formal charges at Riyadh's al-Ha'ir prison.
By July 26, 2007, Alhabri had undergone medical treatment in Medina, entered into marriage with a Saudi woman, and was actively seeking employment to support himself. The Saudi Interior Ministry mandated that he complete rehabilitation programs required for all repatriated Guantanamo detainees prior to marriage.
Washington Post interview
On March 1, 2007, the Washington Post featured a story including interviews with Alhabri and his family. The piece presented differing narratives from Alhabri, his elder brother, and former detainees indicating that his injuries resulted from disturbances sparked by guards allegedly mishandling the Qur'an.
Alhabri experiences seizures, impaired speech, tremors, memory difficulties, and relies on a wheelchair for mobility. His brother remarked:
All those released from Guantanamo have resumed normal lives; however, Mishal is unable to walk, fetch water independently, or use the bathroom without assistance. My hope is for him to regain his pre-Guantanamo condition.