The Defense Department announced today that charges have been sworn against Guantanamo detainee Mohammed Kamin of Afghanistan.
Kamin is the thirteenth detainee at Guantanamo Bay against whom charges have been sworn under the Military Commissions Act. He is charged with providing material support to terrorism in violation of the Military Commissions Act of 2006. If convicted, the accused faces up to life in prison.
The charges allege that between January and May of 2003, Mohammed Kamin provided material support to terrorism by joining the terrorist organization al Qaeda and receiving training at al Qaeda training camps on making remote detonators for improvised explosive devices (IEDs), in modifying military ammunition, and on use of small arms for attacks against American and Coalition forces.
It is further alleged in the charges that Mohammed Kamin conducted surveillance on U.S. military bases, placed explosive devices under a bridge along the route to Zaina Khail Village in Afghanistan, placed missiles near the Khowst Customs House to launch into a U.S. or Coalition base and installed missiles near Khowst, Afghanistan. The charges also allege that Mohammed Kamin launched the missiles toward Kwhost, then occupied by the United States and Coalition armed forces. Mohammed Kamin is also alleged to have transported weapons and equipment such as missile remote controls, rockets, handheld radios, anti-tank mines, and GPS systems to be used by Taliban or al Qaeda members in attacks against American forces.
In accordance with the Military Commissions Act of 2006, these sworn charges will be forwarded to the Convening Authority, the Honorable Susan Crawford. She may then refer some, all, or none of the charges to trial by military commission. If the Convening Authority decides to refer the case to trial, she will designate commission panel members (jurors). The Chief Trial Judge of the Military Commissions will detail a military judge to the case.
The military commissions provide the following protections for the accused: to remain silent and to have no adverse inference drawn from it; to be represented by detailed military counsel, as well as civilian counsel of his own selection and at no expense to the government; to examine all evidence presented to a jury by the prosecution; to obtain evidence and to call witnesses on his own behalf including expert witnesses; to confront and cross-examine every witness called by the prosecution; to be present during the presentation of evidence; to have no statements obtained by torture admitted; to have a military commission panel (jury) of at least five military members determine guilt or innocence by a 2/3 majority; and to appeal to the Court of Military Commission Review, and then seek review through the District of Columbia Circuit Court of Appeals to the U.S. Supreme Court.
The charges are only allegations that the accused has committed offenses under the Military Commissions Act, and the accused remains innocent unless proven guilty beyond a reasonable doubt.