Showing posts with label trial. Show all posts
Showing posts with label trial. Show all posts

Monday, December 8, 2008

9/11 suspects ask to 'plead guilty'

Khalid Sheikh Mohammed, the alleged planner of the September 11 attacks, and four other suspects have asked to plead guilty to the charges they face at a Guantanamo Bay tribunal.

"We all five have reached an agreement to request from the commission an immediate hearing session in order to announce our confessions," said a note said to be from the five read out by the judge, Army Colonel Steven Henley, at a hearing on Monday.

The note said the confessions were being made "without being under any kind of pressure, threat, intimidations or promise from any party," Henley said.

Mohammed, a Pakistani, and four others - Ramzi Binalshibh, Mustafa Ahmed al Hawsawi, Walid bin Attash and Ali Abdul Aziz Ali - were charged earlier this year with conspiring with al-Qaeda to kill civilians.

The judge also allowed defendants Walid bin Attash and Ali Abdul-Aziz Ali to withdraw all their motions and go to pleas, but he refused to allow the same for two other defendants saying he had concerns over their mental competence, AFP reported.

All five face the death penalty if convicted.



[More]


Comment:

I have been unable to determine why the mental competence of bin al-Shibh and Hawsawi is in question.

Thursday, August 7, 2008

'Split verdict' on bin Laden driver

A US military jury at the Guantanamo Bay prison camp has reached a split verdict in the trial of Osama bin Laden's former driver, clearing him of some charges but convicting him of others.

Salim Hamdan, a Yemeni citizen, was cleared on Wednesday of conspiracy to commit war crimes but was found guilty of providing material support to terrorism.

He had been held at the detention centre for more than six years and faced 10 specific charges.

Hamdan had denied the allegations against him, saying he worked for bin Laden only as a driver and had no knowledge of al-Qaeda attacks.

The trial is first US war crimes tribunal since the second world war.

Al Jazeera's Tom Ackerman, who is at the trial in Guantanamo Bay, said that the jury, comprised of US military officers, has since retired and is to resume deliberations on Hamdan's sentence on Thursday.

The jury had deliberated for about eight hours over three days following the two-week trial.

Hamdan, wearing a white turban and long white robe, stood tensely in the courtroom beside his lawyers as the verdict was announced, listening via headphones to the tribunal's English-Arabic interpreter.

He later wept into his hands when the guilty verdict was announced.

War crimes charge

The Bush administration has faced heated criticism over the Guantanamo Bay prison camp and the special tribunals, which operate under different rules to other military courts or civilian ones.

Tony Fratto, a White House spokesman, said after the verdict that the Bush administration was pleased that Hamdan had received a "fair trial".

However our correspondent says the prosecution is likely to be disappointed by the verdict.

Hamdan was captured at a roadblock in southern Afghanistan in November 2001, allegedly with two surface-to-air missiles in his car but was cleared on conspiracy to commit war crimes.

"The jury had apparently heeded the defence's contention that it cannot be a war crime to intend to use weapons against soldiers on the field of battle," Ackerman said.

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Comment:

Now the question is, will the time he's spent in Guantánamo count towards his sentence?

Thursday, June 12, 2008

US court deals blow to Bush

The US Supreme Court has said foreigners held at the Guantanamo Bay military prison have the right under the US constitution to challenge their detention in US civilian courts. The court ruled on Thursday that detainees in the US jail in southern Cuba "have the constitutional privilege of habeas corpus".

The ruling, passed by a vote of five to four, is a setback to the administration of George Bush, the US president.

"It's a very significant milestone in this very long running battle," Rob Reynolds, Al Jazeera's senior Washington correspondent, said.

"Really its a victory for the proper system of justice. The reason that Guantanamo was chosen was because it was not on American soil ... the White House believed that because they would be on foreign soil they would be beyond the reach of American justice," he said. "It's been a very long process but through a series of lawsuits ... the justices have chipped away at the unusual means under which these individuals are being detained."

Constitutional rights

The court ruled that even if the base was officially on Cuban territory, it was in fact operating as if it were on American soil and therefore detainees had the same constitutional rights as all Americans. The ruling is the third on Guantanamo that has gone against the Bush administration. Detainees and their legal teams could now demand that the government reveal the evidence against them to justify their continued detention. The government has refused to do this arguing it would be against the interests of national security. Detainees have long protested that they had been mistreated, and rights groups have questioned the legality of the Guantanamo Bay military tribunals.

Via Al Jazeera.


Comment:

Hallelujah. Justice returns to America.

Friday, June 6, 2008

9/11 Trial Begins


So. This is Khalid Sheikh Muhammad, the man who bears the single greatest responsibility for the horrors of September 11.

I'll have a more detailed analysis of the trial later on, when I'm more awake.

Wednesday, June 4, 2008

9/11 'mastermind' to face tribunal

Khalid Sheikh Mohammed, the alleged mastermind of the September 11 attacks on the US in 2001, is set to face a military tribunal at Guantanamo Bay on nearly 3,000 counts of murder. Mohammed and four other detainees will be arraigned for the first time on Thursday inside a high-security courthouse at the US naval base.

The United States claims Mohammed confessed to masterminding the September 11 attacks but his lawyers say the confession was extracted by torture. Mohammed, who was arrested in Pakistan in March 2003, will be given the chance to address the tribunal, officials said.

Death penalty

All five suspects could face the death penalty if convicted. They were transferred to Guantanamo in Cuba in September 2006 after spending about three years in secret CIA prisons. Thursday's arraignment poses the highest-profile test yet of a US military tribunal system that faces an uncertain future. The US supreme court struck down an earlier system as unconstitutional in 2006, and is to rule this month on the rights of Guantanamo prisoners, potentially delaying or halting the proceedings. With less than eight months remaining in office for George Bush, the US president, presidential candidates Barack Obama and John McCain both say they want to close the military's offshore detention centre.

Via Al Jazeera.


Comment:

Nobody tortured him into starring as himself in an Al Jazeera documentary on the attacks.

Monday, May 12, 2008

US drops 9/11 'hijacker' charges

The Pentagon has dropped charges against a man alleged to have been the "20th hijacker" in the September 11 attacks, his US military defence lawyer has said.
Mohammed al-Qahtani, who is being held at a US military jail at Guantanamo Bay, Cuba, was one of six men facing murder and war crimes charges for their alleged roles in the 2001 attacks.




Bryan Broyles, al-Qahtani's military lawyer, said on Monday that Susan Crawford, the convening authority for military commissions, dismissed the charges against al-Qahtani on Friday.
The charges were dismissed "without prejudice," meaning they could be filed again at some point in the future.







Crawford is proceeding with charges against five other people accused of having a role in the attacks, Broyles said.
Prosecutors are to seek the death penalty for the men if they are found to be guilty.
Military tribunal

Authorities allege al-Qahtani was only prevented from taking part in the attacks because he was denied entry to the US by an immigration official.

The US military said that he had no return ticket and Mohammed Atta, the lead hijacker, was waiting for him.

Officials previously said al-Qahtani had been subject to harsh interrogation authorised by Donald Rumsfeld, the former US defence secretary.

The five defendants who are still facing charges include Khalid Sheikh Mohammed, who is alleged to have masterminded the attacks in 2001 that killed nearly 3,000 people.

The five charged men are set to be arraigned before a military tribunal at Guantanamo, where the US holds about 270 men on "suspicion of terrorism" or links to al-Qaeda and the Taliban.

Human rights organisations have criticised the rule that allows US judges to decide whether to allow evidence that may have been obtained under "coercion".

US authorities have acknowledged that Mohammed was "waterboarded" - an interrogation method designed to simulate the sensation of drowning - by CIA interrogators.

Al-Qahtani last year retracted a confession he said he made after he was tortured at Guantanamo.

In a written statement he said was beaten, restrained for long periods in uncomfortable positions, threatened with dogs, exposed to loud music and freezing temperatures and stripped nude in front of female military staff.

Via Al Jazeera.

Friday, February 15, 2008

Profile: Key 9/11 suspects

Six prisoners being held by the US in Guantanamo Bay are to face charges over their alleged involvement in the 11 September 2001 attacks in the US.

The following profiles and what is known of the allegations against the suspects are compiled from BBC and news agency reports and information released by the Pentagon and US intelligence officials.

Khalid Sheikh Mohammed
Ramzi Binalshibh
Mustafa Ahmad al-Hawsawi
Ali Abd al-Aziz Ali
Walid Bin Attash
Mohammed al-Qahtani

Via BBC.


Comment:

It will be interesting to see how they'll plan their respective defenses (and they will defend themselves; to waste our time if for no other reason). KSM and Ramzi bin al-Shibh are both dead men; all the prosecution needs to do is play the jury the Al Jazeera documentary they appeared in.

As for al-Hawsawi, the his defense thus far seems to be, yes, he did know virtually everyone involved, and yes, Ramzi bin al-Shibh did tell him on September 10 to flee to Pakistan because a huge attack was about to occur, and yes he did receive large sums of money from the hijackers right before the attack, but that doesn't mean that he was involved in any way. I mean, who hasn't received $17,860 from a group of known terrorists? I'm not sure what he has to say about all the al-Qaeda expense accounts and payroll lists he was captured with. He was probably "holding" them for a "friend."

Ali Abd al-Aziz Ali, on the other hand, may well be innocent. Going by the evidence raised at his Combatant Status Review Tribunal, it appears that he may have just been used by his uncle, KSM, and had no knowledge of the plot itself. This is strongly supported by the fact that when he left the country right before 9/11 due to his work visa being revoked, he was caught off-guard and didn't even have time to pack. Also, much of the government's evidence is either classified or ridiculous (e.g. he was in frequent contact with his uncle). It also seems kind of peculiar that the plot would have two head financiers. This will be an interesting trial to follow.

Walid bin Attash appears to have been a mid-level administrator involved in the Embassy Bombings and the U.S.S. Cole attack. He has already confessed, so his trial should be fairly short.

Muhammad al-Qahtani's case is also tricky. He was tortured pretty extensively once his identity became known, causing the DoD to call him "unprosecutable." On the other hand, he was definitely a member of al-Qaeda, and tried to enter the States shortly before 9/11 with a one-way ticket, and he probably wasn't sight-seeing. Also, if I recall, he is named as the 20th hijacker in KSM's confession.

We will have to see.

Monday, February 11, 2008

Six men face 9/11 charges

The US government has announced charges against six Guantanamo Bay detainees over the September 11 attacks, including alleged mastermind Khalid Sheikh Mohammed. The charges are the first from the court at Guantanamo alleging direct involvement in the 2001 attacks and the first in which the US has sought the death penalty.

"These charges allege a long-term, highly sophisticated, organised plan by al-Qaeda to attack the US," said Brigadier General Thomas Hartmann. In a transcript released by the Pentagon last year, Mohammed was quoted as saying he planned the attacks in New York and Washington in 2001 and others.

Last week the US admitted it had used the controversial waterboarding interrogation method to extract Mohammed's confession. The procedure is widely considered to be torture and human rights groups have strongly condemned it. The military judge hearing the cases would decide on the admissability of evidence obtained under duress, Hartmann said. The full charges against the six are conspiracy, murder in violation of the laws of war, attacking civilians, attacking civilian objects, intentionally causing serious bodily injury, destruction of property, terrorism, and material support for terrorism.

Military tribunals

Apart from Mohammed, the other men include Ramzi bin al-Shibh, who was captured in Pakistan in 2002. The rest are Mohammed al-Qahtani, Ali Abd al-Aziz Ali, known as Ammar al-Baluchi and a nephew of Khalid Sheikh Mohammed, al-Baluchi's assistant Mustafa Ahmad al-Hawsawi, from Saudi Arabia, and Waleed bin Attash, reportedly from Yemen. The tribunals at the US military facility in Guantanamo Bay, Cuba are the first US war tribunals since World War Two. They were established after the attacks to try non-US captives whom the Bush administration considers "enemy combatants" not entitled to the legal protections granted to soldiers and civilians. However, if convicted and sentenced to death, any execution could take years to carry out as the sentence would have to be examined by civilian appeals courts, the New York Times reported. Hartmann said the trials would be "as completely open as possible" and that the defendants and their legal teams would even see the classified evidence against them. "There will be no secret trials. Every piece of evidence, every stitch of evidence, every whiff of evidence that goes to the finder of fact, to the jury, to the military tribunal, will be reviewed by the accused," he said. About 275 detainees remain at the facility, about 80 of whom the US hopes to try. Clive Stafford Smith, a human rights lawyer who has represented Guantanamo detainees, told Al Jazeera that neither military tribunals nor the death penalty should be considered in these cases. "Mohammed has announced he wants to be a martyr and to execute him merely makes him a martyr and fulfills his wishes," he said. "I think the United States is going to loose an awful lot of support from its allies in the West who are very strongly opposed to the death penalty."

'Confession'

Mohammed, a Pakistani national of Kuwaiti descent, was arrested in Pakistan in March 2003 and handed over to the United States. He is alleged to have been the "Number Three" in the al-Qaeda network after Osama Bin Laden and Ayman Zawahiri.

Mohammed is reported to have also confessed to the 1993 bombing of New York's World Trade Centre, the bombing of a nightclub in Bali, Indonesia, and an attempt to down two American aeroplanes using shoe bombs. The alleged al-Qaeda operations chief is also said to have confessed to the murder of US journalist Daniel Pearl in Pakistan in February 2002. "I was responsible for the 9/11 operation from A to Z," he was quoted in the Pentagon transcript as saying. However, Mohammed's reported confessions remain controversial after the US Central Intelligence Agency (CIA) said that he, along with two other al-Qaeda suspects, had been waterboarded, an interrogation "technique" which simulates drowning. The other two suspects were were Abu Zubaydah and Abd al-Rahim al-Nashiri. Almost 3,000 people died in the September 11 attacks, in which 19 hijackers crashed four planes into the World Trader Center in New York City, the Pentagon building in Washington DC and a field in the state of Pennsylvania.

Via Al Jazeera.


Comment:

Finally. The timing of this probably has something to do with the coming election, but I don't care. It's high time justice is done.

The list of defendants is interesting. I would expect Khalid Sheikh Muhammad and Ramzi bin al-Shibh, as well as the other "twentieth hijacker", Muhammad al-Qahtani, but I was not familiar with the other three. And where is Abu Zubaydah? I somehow suspect he's being saved for later on in the campaign, but it could be they just don't want to give him up yet.

In the coming days I plan on posting profiles on each of these men.

Also, my replacement laptop should be arriving sometime today.