Guantánamo Bay
Pre-trial hearings continued at Guantánamo in the case of Abdul
Hadi Al-Iraqi (who claims his real name is Nashwan Al-Tamir), accused of
fighting against the US in Afghanistan after the war broke out there in 2001;
his trial is expected to start in 2020. The hearing proceeded slowly with
formal matters, and due to back problems and pain in his spine, the defendant
did not attend all of the hearing which was delayed at times. Issues covered included
a legal filing against two former employees working on the case, including a
judge, for a conflict of interest, after they applied for civilian jobs at the
Department of Justice while working on the case. Others involved in the case
were also questioned concerning their involvement and connections to other
officials.
During the hearing, Al-Iraqi’s lawyers tried to get a federal court
to stop the current pre-trial hearing to consider whether he is medically
competent to take part in the hearing. In addition, they sought to get access
to Camp 7 where he is residing to look at the conditions of his confinement and
whether that can impact the case. As part of this claim, statements made by a
former commander, Rear Adm. John C. Ring, at Guantánamo, who was fired in April
without a reason given, were considered. For over one year, he had been seeking
to have Camp 7 closed and replaced by a Camp 8 with better facilities for
inmates. During consideration of this point, it was revealed that Ring was fired
for “mishandling classified information and not being truthful about it,”
according to one prosecutor. The case is in recess until October.
The judge in the case of five men accused of involvement in attacks
on New York City in September 2001, Judge Col W Shane Cohen, has set a
tentative trial start date of 11 January 2021 for their case. The men were
charged in 2008 and face the death penalty but pre-trial hearings have
proceeded slowly and have been stopped for over a year at some stages with many
outstanding issues still to be resolved. The date is tentative and the trial
start may not happen but having taken over the case recently Cohen is keen for
matters to proceed.
Following new charges filed earlier this year against Indonesian
prisoner Hambali, accused of involvement in the Bali bombings in 2002, the FBI
has visited Malaysia on several occasions to conduct interviews and collect
evidence ahead of a potential trial. Lawyers for Hambali have also interviewed
at least one witness in Malaysia. Two Malaysians are held at Guantánamo and
were arrested with Hambali. The Malaysian authorities said they cooperated with
the FBI and are also still seeking to get the two Malaysians repatriated,
although the decision is up to the US. Hambali’s lawyer does not believe he
will be tried, if at all, in open court due to evidence in the case having been
obtained through torture at secret CIA prisons.
LGC Activities:
The September Shut Guantánamo! demo will be on 5th September
at 12-2pm outside the US Embassy, Nine Elms Lane, SW11 (nearest underground:
Vauxhall): https://www.facebook.com/events/2382928988470574/
