Guantánamo Bay
A two-week pre-trial hearing was heard in the case of the five men
accused of involvement in attacks in New York City in September 2001. During
the ongoing hearings, ahead of the scheduled start of the trial in January 2021,
long-term lawyer of Saudi Ramzi bin Al Shibh, who has represented him since before
the defendants were arraigned in May 2012, entered a motion to withdraw from the
case on health grounds. Worried that this could delay the start of the trial in
2021, the prosecution asked for him to stay on until a replacement is ready to
take on his role. Harrington’s motion, which was granted provided that he remains
under a replacement is found, was made one week before the hearing started and
delated testimony from former “FBI Special Agent James Fitzsimmons, who was
involved in early overseas interrogations of some of the defendants”.
The hearing also looked at interference by the CIA and other
agencies in hearings through a tablet computer used by prosecutors through which
they are told when to ask the judge to halt the proceedings. This was noticed
by defence lawyers “last month when questioning key witnesses who led the CIA’s abusive
black-site interrogation program.” Lawyers argued that this CIA interference “could
violate the due process rights of the five men accused of planning the 9/11
attacks”. The judge stated that he had allowed prosecutors to use such a device
to “prevent spills of classified information that he is required to protect as
a matter of law” and that “No outside agency is providing litigation advice or
strategy to the prosecution”. However, defence lawyers stated that this must be
done in a transparent manner that does not give the CIA leverage in the court
proceedings.
The judge cancelled a three-week
hearing set for March but said that he would seek not to push back the trial start
date of January 2021 yet. The next hearing is scheduled to start on 1st
June, after Ramadan.
In the other Guantánamo capital case of Abd Al-Nashiri, accused of
involvement of attacks on US navy vessels in the Gulf of Aden in 2000, the
judge has suggested a trial start date of February 2022. Defence and
prosecution lawyers have been given until 31 March to comment on a schedule for
pre-trial hearings put forward by the judge.
In the same case, Sudan has agreed to pay compensation to the families
of the 17 men killed aboard the vessel as a key condition for the state to be
removed from the US’ terrorism list; the US claims that the two suicide bombers
who carried out the attack were trained in the state. The deal is reported to
be worth around $30 million. Although Romania and Poland have compensated
Al-Nashiri for CIA torture carried out on him there, the US is using torture evidence in the case
against him and has offered no admission of guilt or compensation.
In a lawsuit brought in Canada against Omar Khadr by the
family of US military man Michael Speer, allegedly killed by Khadr in
Afghanistan in 2002, for whose death he was convicted, among other charges, in his 2010 secret guilty plea bargain at Guantánamo, in order to claim the $134 million
compensation awarded to them by a US judge in a case they brought against him
that he did not contend, the Ontario Supreme Court has ordered Khadr to answer
questions put to him by the family concerning confessions he made to the US,
under duress of torture and that he signed in admission of
Khadr also recently gave his first public speech alongside fellow former
child prisoner Ishmael Beah as part of an event to mark International Day
against the Use of Child Soldiers (12 February) at Dalhousie University https://nationalpost.com/news/world/former-guantanamo-bay-detainee-omar-khadr-speaks-in-at-child-soldiers-panel
LGC Activities:
The next monthly Shut Guantánamo! demonstration will be held
outside the US Embassy in London on Nine Elms Lane, SW11 7US (nearest
underground: Vauxhall) at 12-2pm on Thursday 5 March. Details: https://www.facebook.com/events/197927804903085/
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