A mentally ill prisoner who U.S. officials have admitted to torturing at Guantánamo Bay will have a hearing in federal court this week that could lead to his repatriation to Saudi Arabia. Since being captured in Afghanistan by U.S. forces in 2002, Mohammed al-Qahtani has been held at the U.S. prison at Guantánamo Bay on allegations of having ties to high-ranking members of Al Qaeda. During the time he spent in U.S. custody, he was subjected to some of the most extreme forms of torture authorized by the U.S. government in the post-9/11 era. In 2009, a senior Bush administration legal official at Guantánamo decided that Qahtani could not be tried by the prison’s military commission, thanks to a regime of torture that had left him in “life-threatening condition.”

“The government knew from very early in his detention that this man was manifesting serious psychiatric conditions.”

In the hearing, due to be held at U.S. District Court for the District of Columbia this Thursday, lawyers for Qahtani plan to ask for his current condition to be formally examined by a mixed medical commission, a group of neutral doctors intended to evaluate prisoners of war for repatriation. That commission could potentially order the government to release him from custody and return him home to Saudi Arabia, based on their evaluation of his mental and physical state.

“The government knew from very early in his detention that this man was manifesting serious psychiatric conditions,” said Ramzi Kassem, Qahtani’s lawyer and a City University of New York law professor. “As early as 2002, a senior FBI official reported observing ‘behavior consistent with extreme psychological trauma’ in Mr. Qahtani, like ‘talking to nonexistent people, reportedly hearing voices, crouching in a corner of the cell covered with a sheet for hours on end.’” Kassem went on, “That was before the worst phase of torture in U.S. custody, which only compounded those conditions. Torture can make a sane person lose their mind, but for someone who had documented mental health issues going back to the age of 8, this treatment was even more harmful.”

Photo: U.S. Department of Defense



Qahtani’s case is unique: He was the first and only individual that the U.S. government has explicitly acknowledged torturing during detention. In the time he spent in Guantánamo, court documents from his case state that he was subject to “solitary confinement, sleep deprivation, extreme temperature and noise exposure, stress positions, forced nudity, body cavity searches, sexual assault and humiliation, beatings, strangling, threats of rendition, and water-boarding.” The torture that Qahtani experienced at Guantánamo also exacerbated serious pre-existing mental illnesses that he suffered as a youth in Saudi Arabia — conditions so severe that he was committed to a mental health facility there in 2000, at the age of 21. unique: He was the first and only individual that the U.S. government has explicitly acknowledged torturing during detention. In the time he spent in Guantánamo, court documents from his case state that he was subject to “solitary confinement, sleep deprivation, extreme temperature and noise exposure, stress positions, forced nudity, body cavity searches, sexual assault and humiliation, beatings, strangling, threats of rendition, and water-boarding.” The torture that Qahtani experienced at Guantánamo also exacerbated serious pre-existing mental illnesses that he suffered as a youth in Saudi Arabia — conditions so severe that he was committed to a mental health facility there in 2000, at the age of 21. Under the George W. Bush administration, then-Secretary of Defense Donald Rumsfeld signed off on the torture regimen used against Qahtani at Guantánamo Bay. Rumsfeld notoriously scribbled a note in the margins of a memo authorizing the use of a number of torture techniques on Qahtani suggesting that the terms should be made harsher. In 2008, during his sixth year of U.S. detention at Guantánamo Bay, Qahtani attempted to kill himself after being informed that he may face charges that would carry the death penalty. The U.S. government claims that during interrogation sessions Qahtani confessed to a range of crimes related to his support of Al Qaeda, while also providing information that incriminated other Guantánamo detainees. Media reports have occasionally described Qahtani as the “20th hijacker” in the 9/11 attacks, based on an aborted attempt he made to enter the country in August 2001. Qahtani later repudiated confessions that he made under torture about his and other detainees’ links to Al Qaeda.

“Mr. al-Qahtani’s symptoms of PTSD and schizophrenia are chronic and are worsening.”