Jabir Jubran Al Fayfi

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.

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."

The Board's recommendation was unanimous. The Board's recommendation memos were heavily redacted—their actual recommendation was redacted. The Board based its recommendation on assessments from the FBI, the CIA, the United States Department of State and the Deputy Assistant Secretary of Defense for Detainee Affairs.

Al Fayfi was repatriated to Saudi custody in December 2006, and completed a rehabilitation program. He then however joined al-Qaeda in Yemen and was in Yemen for two years, where he rose to become one of the top dozen leaders of al-Qaeda in the Arabian Peninsula. In September 2010, he surrendered to Saudi Arabia, and on November 1, 2010, he was reported to have provided information that helped thwart the 2010 cargo plane bomb plot.

On September 7, 2010, Fox News reported that Al Fayfi had recently been arrested in a sweep of suspected militants.

The Saudi Interior Ministry announced on October 15, 2010, that Al Fayfi had contacted Saudi authorities from Yemen within then-recent weeks during Ramadan to express his regret and readiness to surrender. Interior Ministry spokesman General Mansour al-Turki said that Al Fayfi's case will be administered "according to local laws", but that he will be given consideration for turning himself in.

On November 1, 2010, Al Fayfi was reported to have provided information that helped thwart the 2010 cargo plane bomb plot. The Associated Press, quoting Yemeni security officials who requested anonymity, who believed that Al Fayfi was a mole Saudi security officials tasked to penetrate Al-Qaeda in the Arabian Peninsula. According to the Associated Press:

Fayfi joined al-Qaeda in Yemen at some point after his participation in the Saudi rehabilitation program. He was in Yemen for two years, and rose to become one of the top dozen leaders of al-Qaeda in the Arabian Peninsula. On February 3, 2009, the Saudi government published a list of 85 "most wanted" suspected terrorists, that included Al Fayfi.

In early September 2007, the Department of Defense released two heavily redacted memos, from his Board, to Gordon R. England, the Designated Civilian Official.

A Summary of Evidence memo was prepared for Jabri Jabran Al Fayfi's second annual Administrative Review Board, on February 18, 2006. The memo listed factors for and against his continued detention.

The Board's recommendation memo indicated that it convened twice, on March 3, 2006, and April 28, 2006. The Board concluded that Jabri Jabran Al Fayfi continued to pose a threat to the United States.

According to the Department of Defense, Al Fayfi was released from Guantánamo and turned over to the Saudi Arabian government on December 13, 2006, after he promised never to participate in another jihad and said he wanted to return home to Saudi Arabia to take care of his parents and resume his job as a taxi driver. He was released with 15 other Saudis: Muhammed Yahia Mosin Al Zayla, Salim Suliman Al Harbi, Yusef Abdullah Saleh Al Rabiesh, Salman Saad Al Khadi Mohammed, Ibrahimj Sulayman Muhammad Arbaysh, Abdullah Muhammed Abdel Aziz, Anwar Hamdan Muhammed Al-Noor, Salah Abdul Rasul Ali Abdul Al-Balushi, Abd Al Aziz Muhammad Ibrahim Al Nasir, Ziad Said Farg Jahdari, Majed Hamad Al Frih, Bessam Muhammed Saleh Al Dubaikey, Said Ali Abdullah Al Farha Al Ghamidi, Sultan Sari Sayel Al Anazi and Abdul Rahman Khowlan.

According to the Saudi government, Al Fayfi was repatriated on December 14, 2006, along with six other Saudis. The seven men were detained, without charge, in Hayer Prison, while Saudi justice officials determined whether they had violated any Saudi laws.

(U) The ARB has complied with the Detainee Treatment Act of 2005. In making a determination of status or disposition of this detainee, the ARB has assessed, to the extent practicable, whether any statement derived from or relating to this detainee was obtained as a result of coercion; and the probative value, if any, of any such statement. In addition, the ARB considered any new evidence that became available relating

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". Jabir Jubran Al Fayfi was among the one-third of prisoners for whom there was no indication they chose to participate in their tribunals.

A Summary of Evidence memo was prepared for Jabri Jabran Al Fayfi's first annual Administrative Review Board, on December 3, 2004. The memo listed factors for and against his continued detention.

b. The detainee stated he now thinks what he did was a mistake (Apr 2003).

After the month of Ramadan in 2001, al-Faifi and approximately 300 other exhausted and scared fighters, mostly Saudis, walked for four days to the Pakistani border where they surrendered to local tribes hoping to be returned to their home governments. Instead, the militants were "sold" to the Americans before being transferred to Guantánamo.

The U.S. military asserted that Al Fayfi was present in Afghanistan following the al-Qaeda attacks on September 11, 2001. It asserted Al Fayfi had acknowledged being an armed participant in the Taliban's conflict with the Afghan Northern Alliance in the fall of 2001, but that he denied ever firing his weapon. It also indicated that Al Fayfi had denied ever meeting any al-Qaeda member in Afghanistan, and that he denied attending any Afghan training camps. Al Fayfi said that he decided to go to Afghanistan as a form of repentance, because he had not been a sufficiently observant Muslim, having used drugs, smoked, and not prayed often enough. Al Fayfi's Guantanamo Internment Serial Number was 188. American intelligence analysts estimate he was born in 1975, in Ta'if, Saudi Arabia.

Jabir Jubran Al Fayfi (also Jabir Jubran Al Fayfi and Jaber Jabran Ali Al-Fayfee and Jaber Al-Fifi; born in 1975 in Ta'if, Saudi Arabia) is a citizen of Saudi Arabia who was held in extrajudicial detention in the United States Guantánamo Bay detention camp, in Cuba on allegations he trained and fought with al-Qaeda and the Taliban in Afghanistan in 2001.