Initially the Bush Presidency asserted that they could withhold all the protections of the Geneva Conventions 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 tribunals to determine whether captives are, or are not, entitled to the protections of prisoner of war status.
Subsequently the Department of Defense instituted the Combatant Status Review Tribunals. 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 Presidency's definition of an enemy combatant.
There is no record that captive 696 participated in his Combatant Status Review Tribunal.
Detainees who were determined to have been properly classified as "enemy combatants" were scheduled to have their dossier reviewed at annual Administrative Review Board 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.
In September 2007 the Department of Defense released all the Summary of Evidence memos prepared for the Administrative Review Boards convened in 2005 or 2006. There is no record that an Administrative Review Board convened in 2005 or 2006 to review his detention.
On November 7, 2005, the United States charged Jabran and four other detainees. The Bush administration intends to prosecute these detainees before a military commission. Qahtani, Sufyian Barhoumi, Binyam Ahmed Muhammad, and Ghassan Abdullah al Sharbi face conspiracy to murder charges. Omar Khadr faces both murder and conspiracy to murder charges.
Al Qahtani, Barhoumi and Al Sharbi have been dubbed "The Faisalabad Three". The three were captured together with a senior member of the al Qaeda leadership, Abu Zubaydah, in a safehouse in Faisalabad, Pakistan. The three are believed to have been members of Zubaydah's entourage. All three keep insisting they want to defend themselves.
In Hamdan v. Rumsfeld, in July 2006, the Supreme Court of the United States ruled that the Bush Presidency lacked the constitutional authority to set up the military commissions. Only Congress had the authority to set up military commissions. Congress subsquently passed the Military Commissions Act of 2006. But, as of September 2007, Al Qahtani has not been re-charged.