In 2002, al-Sharbi was transferred to the United States
Guantanamo Bay detention camp in Cuba. In his testimony before his
Combatant Status Review Tribunal, held sometime during late 2004–2005, al-Sharbi accepted the classification as "
enemy combatant," as well as all 15 allegations against him. When he was dismissed from the room, he chanted, "May God help me fight the infidels or the unfaithful ones." On November 7, 2005, the
United States charged al-Sharbi and four other detainees with war crimes. They were expected to face a trial before a military commission. Al-Sharbi,
Jabran Said bin al Qahtani,
Binyam Ahmed Muhammad, and Sufyian Barhoumi faced conspiracy to murder charges for being part of an al-Qaeda bomb-making cell. In 2006, his
pro bono attorney,
Bob Rachlin, was trying to arrange for al-Sharbi to talk by phone with his parents, hoping they would persuade him to accept Rachlin's legal assistance, which his father had initiated. On October 21, 2008,
Susan J. Crawford, the official in charge of the
Office of Military Commissions, announced that charges were dropped against al-Sharbi and four other detainees:
Jabran al Qahtani,
Sufyian Barhoumi,
Binyam Mohamed, and
Noor Uthman Muhammed.
Carol J. Williams, writing in the
Los Angeles Times, reported that all five men had been connected to
Abu Zubaydah by his testimony. The
CIA has acknowledged that Zubaydah is one of three
high-value detainees who were interrogated at length under the technique known as "
waterboarding", generally considered a form of
torture, before the CIA transferred them to military custody in September 2006 at Guantanamo Bay. Evidence which Zubaydah gave under such coercive interrogation could not be used in court against other suspects. The men's attorneys expected that the five men would be re-charged within thirty days. They told Williams that: "... prosecutors called the move procedural," and attributed it to the resignation of fellow Prosecutor
Darrel Vandeveld. He publicly announced his resignation on ethical grounds. Williams reported comments by
Clive Stafford Smith, legal director of
Reprieve, who represents several Guantanamo detainees. He speculated that the Prosecution's dropping of the charges, and plans to subsequently re-file charges was intended to counter and disarm the testimony Vandeveld was expected to offer, that the Prosecution had withheld
exculpatory evidence in relation to each of the men. ==Sleep deprivation==