Faha Sultan
Encyclopedia
Faha Sultan is a citizen of Saudi Arabia
Saudi Arabia
The Kingdom of Saudi Arabia , commonly known in British English as Saudi Arabia and in Arabic as as-Sa‘ūdiyyah , is the largest state in Western Asia by land area, constituting the bulk of the Arabian Peninsula, and the second-largest in the Arab World...

 who was held in extrajudicial detention
Extrajudicial detention
Arbitrary or extrajudicial detention is the detention of individuals by a state, without ever laying formal charges against them.Although it has a long history of legitimate use in wartime , detention without charge, sometimes in secret, has been one of the hallmarks of totalitarian states...

 in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 Guantanamo Bay detainment camp
Guantanamo Bay detainment camp
The Guantanamo Bay detention camp is a detainment and interrogation facility of the United States located within Guantanamo Bay Naval Base, Cuba. The facility was established in 2002 by the Bush Administration to hold detainees from the war in Afghanistan and later Iraq...

s, in Cuba
Cuba
The Republic of Cuba is an island nation in the Caribbean. The nation of Cuba consists of the main island of Cuba, the Isla de la Juventud, and several archipelagos. Havana is the largest city in Cuba and the country's capital. Santiago de Cuba is the second largest city...

. His Guantanamo Internment Serial Number was 130.
JTF-GTMO analysts estimate he was born in 1972, in Jeddah
Jeddah
Jeddah, Jiddah, Jidda, or Jedda is a city located on the coast of the Red Sea and is the major urban center of western Saudi Arabia. It is the largest city in Makkah Province, the largest sea port on the Red Sea, and the second largest city in Saudi Arabia after the capital city, Riyadh. The...

, Saudi Arabia.

Faha Sultan was transferred to Saudi Arabia on Nov. 9, 2007.

Combatant Status Review Tribunal

Initially the Bush administration asserted that they could withhold all the protections of the Geneva Conventions
Geneva Conventions
The Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment of the victims of war...

 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 competent tribunal
Competent tribunal
Competent Tribunal is a term used Article 5 paragraph 2 of the Third Geneva Convention, which states:-ICRC commentary on competent tribunals:...

s to determine whether captives are, or are not, entitled to the protections of prisoner of war
Prisoner of war
A prisoner of war or enemy prisoner of war is a person, whether civilian or combatant, who is held in custody by an enemy power during or immediately after an armed conflict...

 status.

Subsequently the Department of Defense
United States Department of Defense
The United States Department of Defense is the U.S...

 instituted the Combatant Status Review Tribunal
Combatant Status Review Tribunal
The Combatant Status Review Tribunals were a set of tribunals for confirming whether detainees held by the United States at the Guantanamo Bay detention camp had been correctly designated as "enemy combatants". The CSRTs were established July 7, 2004 by order of U.S. Deputy Secretary of Defense...

s. 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
Enemy combatant
Enemy combatant is a term historically referring to members of the armed forces of the state with which another state is at war. Prior to 2008, the definition was: "Any person in an armed conflict who could be properly detained under the laws and customs of war." In the case of a civil war or an...

.

Summary of Evidence memo

A Summary of Evidence memo
Summary of Evidence (CSRT)
Counter-terrorism analysts prepared a Summary of Evidence memo for the Combatant Status Review Tribunals of the 558 captives who remained in the Guantanamo Bay detention camps, in Cuba in the fall of 2004.-The 2005 release:...

 was prepared for Faha Sultan's Combatant Status Review Tribunal, on 24 September 2004.
The memo listed the following allegations against him:

Transcript

There is no record that Faha Sultan chose to participate in his Combatant Status Review Tribunal.

Administrative Review Board hearings

Detainees who were determined to have been properly classified as "enemy combatants" were scheduled to have their dossier reviewed at annual Administrative Review Board
Administrative Review Board
The Administrative Review Board is a United States military body that conducts an annual review of the suspects held by the United States in Camp Delta in the United States Navy base at Guantanamo Bay, Cuba....

 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.

First annual Administrative Review Board hearing

A Summary of Evidence memo
Summary of Evidence (ARB)
Counter-terrorism analysts prepared a Summary of Evidence memo for the Administrative Review Board hearings of approximately 460 captives in the Guantanamo Bay detention camps, in Cuba from December 2004 to December 2005.-Release of the memos:...

 was prepared for Faha Sultan's first annual Administrative Review Board, on 6 September 2005.
The memo listed factors for and against his continued detention.

Transcript

There is no record that Faha Sultan chose to participate in his first annual Administrative Review Board hearing.

Second annual Administrative Review Board hearing

A Summary of Evidence memo
Summary of Evidence (ARB)
Counter-terrorism analysts prepared a Summary of Evidence memo for the Administrative Review Board hearings of approximately 460 captives in the Guantanamo Bay detention camps, in Cuba from December 2004 to December 2005.-Release of the memos:...

 was prepared for Faha Sultan's second annual Administrative Review Board, on May 17, 2006.
The memo listed factors for and against his continued detention.
The following primary factors favor release or transfer

Repatriation

On November 25, 2008 the Department of Defense published a list of when captives left Guantanamo.
According to that list he was repatriated to Saudi custody on November 9, 2007, with thirteen other men.
The records published from the captives' annual Administrative Reviews show his repatriation was not the outcome of the formal internal review procedures.
The records show his detention was not reviewed in 2007.

External links

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