Mr. Qahtani’s approval for repatriation follows litigation by his defense lawyers, Ramzi Kassem and Shayana Kadidal, who have argued that he deserves to be released to Saudi Arabia on medical grounds under both the Geneva Conventions and a U.S. Army regulation.
His lawyers enlisted a psychiatrist who treats U.S. military veterans for post-traumatic stress, Emily Keram, to evaluate Mr. Qahtani over the years, starting in 2015. Dr. Keram also obtained his records from Saudi Arabia showing that he had undergone an acute psychotic break there attributed to schizophrenia long before he arrived at Guantánamo.
The torture only made him sicker, the psychiatrist wrote in a series of reports to the court, and Mr. Qahtani distrusts American military health providers, most likely because military medics were used at his interrogations. He refused psychotropic medication and in recent years repeatedly tried to kill himself, including by hanging, cutting and swallowing broken glass, court documents show.
In 2020, based on Dr. Keram’s work, a federal judge ordered an independent examination by a three-doctor panel, two of them foreigners. Lawyers from the Trump and Biden administrations have resisted that order, which would have been the first foreign medical intervention in detainee operations.
Instead, Congress created a position of a Navy doctor who would be assigned to the base but who would work independently. Mr. Qahtani’s lawyers agreed to put off resolving the court case while that official scrutinized the military’s medical records and Dr. Keram’s findings. Monday is the government’s latest deadline to respond.
In May, the Navy doctor, Corry J. Kucik, concurred with Dr. Keram’s findings, according to people familiar with a seven-page report he prepared for the Periodic Review Board.
Dr. Kucik agreed that Mr. Qahtani was damaged by his childhood brain injury and the schizophrenia he developed as an adolescent, and that his abusive interrogation and subsequent continued confinement had only aggravated that.