The
Department of Defense announced today that the convening authority for military
commissions declined to withdraw and dismiss the conspiracy charge in the case
of United States v. Khalid Sheikh Mohammed, Walid Muhammad Salih Mubarak Bin
‘Attash, Ramzi Binalshibh, Ali Abdul Aziz Ali, and Mustafa Ahmed Adam al
Hawsawi, as requested by the chief prosecutor, Brig. Gen. Mark Martins. In declining to withdraw the conspiracy
charge, the convening authority noted that dismissal at this time would be
premature, as the viability of conspiracy as a chargeable offense in trials by
military commission is still pending appellate review.
In
addition to conspiracy, the accused are also charged with attacking civilians,
attacking civilian objects, murder in violation of the law of war, destruction
of property in violation of the law of war, hijacking aircraft, intentionally
causing serious bodily injury, and terrorism.
Last
October, the U.S. Court of Appeals for the District of Columbia Circuit
overturned the 2008 military commission conviction of Salim Ahmed Hamdan on
charges of providing material support for terrorism. The appellate court ruled that the material
support charge -- involving actions by Hamdan as Usama bin Laden’s driver and
bodyguard prior to November 2001 -- was not “an international-law war crime”
that Congress had enforced “at the time Hamdan engaged in the relevant
conduct.” Hamdan, whose sentence to
confinement has been completed, was returned to his home country of Yemen
before the decision overturning his conviction was announced.
Based
on the reasoning of the court in that case, chief prosecutor Brig. Gen. Mark
Martins determined that there was substantial uncertainty about whether the
courts would reach a similar conclusion as to the permissibility of charging
conspiracy as a stand-alone offense involving pre-2006 conduct. He therefore recommended its withdrawal and
dismissal from the case U.S. v. Muhammad, et al, in a memorandum sent to the convening
authority.
The
convening authority, who is responsible for determining whether specific
charges should be referred to trial by military commission, declined to
withdraw the charge of conspiracy, noting that Congress included conspiracy as
a chargeable offense in the Military Commissions Acts of 2006 and 2009, and
that two Presidents had signed those Acts into law. The convening authority also noted that the
Department of Justice maintains that conspiracy is a cognizable offense in trials
by military commission in the case Al Bahlul v. United States, which is
currently pending appeal. The convening
authority informed the chief prosecutor that, because the issue has not been
finally decided, he believed it would be premature to withdraw and dismiss the
conspiracy charge in the case U.S. v. Muhammad, et al, at this time.
The
charges are only allegations that the five accused have committed offenses
punishable under the Military Commissions Act of 2009 and the law of war, and
each accused is presumed innocent unless proven guilty beyond a reasonable
doubt. Pursuant to the reforms in that
Act, each accused has been provided defense counsel with specialized knowledge
and experience in death penalty cases.
No comments:
Post a Comment