Saudi Arabia has received about 140 Saudis and Yemenis from Guantánamo into a program created to help rehabilitate men who joined militant, jihadist movements in Afghanistan in the years before the Sept. 11 attacks.
But the board did not specifically recommend that Mr. al-Sharbi be sent to Saudi Arabia. Instead it called for the receiving country to monitor his activities, prevent him from traveling and continue to share information about him with U.S. authorities.
The case of Mr. al-Sharbi illustrated the challenges to successive U.S. administrations of putting suspected Qaeda foot soldiers on trial at Guantánamo.
For a time, he was charged with “providing material support for terrorism” for allegedly helping to build car-bomb detonators in the Punjab region of Pakistan that were to be shipped to Afghanistan. He was captured in March 2002 with a “high-value detainee” known as Abu Zubaydah in a raid in Faisalabad, Pakistan.
But higher courts ruled that the charge of providing material support was not constitutional at the military commissions, making him and other low-value prisoners essentially ineligible for trial. He spent years as an indefinite detainee.
In his first years at Guantánamo Bay, Mr. al-Sharbi was considered a belligerent, unrepentant prisoner. At a hearing in 2004 or 2005 before a military board, which reviewed his status as an “enemy combatant,” he railed against capitalism, America, homosexuality, Israel and the war in Iraq.
In 2006, he was more soft-spoken but rejected the authority of the war court to put him on trial. He rebuffed his U.S. military defense lawyer in fluent English and derided the proceedings altogether as “same circus, different clown.”