Military Commissions Charges Referred

The Defense Department has announced that charges were referred to a military commission in the case of Ibrahim Ahmed Mahmoud al Qosi, aka "Abu Khobaib al Sudani," by the Convening Authority, Office of Military Commissions, Susan J. Crawford.
Al Qosi is charged with conspiring with Usama bin Laden and other al Qaeda members to target, attack and murder civilians and attack civilian objects in violation of the law of war, to destroy property in violation of the law of war, and to commit and provide material support to terrorism. If convicted, the accused could be sentenced up to life in prison.

The charges allege that in 1996 al Qosi personally served as an armed guard and driver for Usama bin Laden. Until about 1998, al Qosi is alleged to have provided logistical support by obtaining supplies and provisions for al Qaeda, an international terrorist group dedicated to opposing non-Islamic governments with force and violence, at a compound near Jalalabad known as the "Star of Jihad." It is further alleged that from in or about 1998 through in or about 2001, in Afghanistan, al Qosi lived at an al Qaeda compound near Kandahar ("Kandahar compound"), with other al Qaeda members, including Usama bin Laden, where he provided security, transportation, and supply services. It is also alleged that between 1998 and 2001 he traveled from the Kandahar compound to the front line near Kabul, where he fought in support of al Qaeda as part of a mortar crew.

It is also alleged that in 2001, al Qosi, armed with a Kalashnikov rifle, evacuated the Kandahar compound and traveled to Kabul, then to Jalalabad, and then into the Tora Bora Mountains to provide transportation, security and support to Usama bin Laden and other al Qaeda members.

In accordance with the Military Commissions Act of 2006 and the Manual for Military Commissions, al Qosi will be brought before the military trial judge for arraignment within 30 days of the service of charges. Within 120 days of the referred charges being served upon the accused, the military trial judge will assemble the military commission. Assembly is the procedural step that usually occurs when all parties, including the members, are present and sworn, and the judge announces on the record that the commission is now assembled. The military judge will contact attorneys in the case to set an initial trial schedule.

Brig. Gen. Thomas Hartmann, legal advisor to the convening authority, has stated that these war crime proceedings will continue to move forward in open trials and with more due process than any alleged war criminal has historically received. Military Commission procedures include the presumption of innocence; a burden of proof on the government to prove guilt beyond a reasonable doubt; the right to remain silent; the right to present evidence and a prohibition from drawing any adverse inference if an accused does not testify or present any evidence; and representation by a military defense counsel free of charge with the option to retain civilian counsel at no expense to the U.S. government.

The referred charges are only allegations that the accused has committed a war crime under the Military Commissions Act. al Qosi is presumed innocent of any criminal charges unless proven guilty beyond a reasonable doubt at a military commission.

Of the 275 detainees at Guantanamo, approximately 80 are expected to face trial by military commission.

Guantanamo Mission Mitigates Global Risk, Mullen Says

By Spc. Shanita Simmons, USA
Special to American Forces Press Service

Jan. 14, 2008 - The chairman of the Joint Chiefs of Staff visited the naval station here yesterday to share his vision for the joint services and express his gratitude to those serving here. Navy Adm. Michael G. Mullen toured the new Expeditionary Legal Complex and the detention facilities, where he thanked servicemembers guarding detainees for their service. He also met with servicemembers in a "town hall" meeting, where he discussed goals for the military and Joint Task Force Guantanamo.

"JTF Guantanamo has performed extraordinarily well and has really delivered during a difficult mission," Mullen said. "The naval station has also done great work to support the mission here. I am equally proud of what the naval station has done."

During his visit, Mullen spoke favorably of the need to continue fostering the integrated capabilities that have allowed servicemembers to perform the JTF mission in a safe and professional manner.

"The world is focused on Guantanamo Bay. We've got to get it right every single hour. The consequences of getting it wrong could be global," the chairman said.

Although Mullen acknowledged he's gone on record in support of closing the Guantanamo Bay detention facilities, he said no decision has been made to do so.

"There is no decision to close Guantanamo Bay. Clearly, we have worked our way in the last several years through processes, which have allowed us to understand where we are and what we are doing in a very comprehensive way," he said. "Guantanamo Bay is known to the world, and there are many who editorialize on the fact that Guantanamo Bay should be closed down. The decision to close it down would be made completely out of our purview, and I am not aware of anyone who is considering doing that."

The Joint Task Force mission here plays an essential part in fighting the war on terror, Mullen said, and the operations here are necessary to help protect Americans against possible terrorist attacks.

"The joint detention operation is a part of mitigating risk," he said. "We need to keep the detention facilities operating as best as they can be to protect Americans against individuals who have pretty bad backgrounds in terms of the war on terror. This facility helps mitigate that global risk."

(Army Spc. Shanita Simmons serves with Joint Task Force Guantanamo Public Affairs.)

Guantanamo Detainee Charged

The Office of Military Commissions announced today that charges have been sworn against Guantanamo detainee Ahmed Mohammed Ahmed Haza al Darbi of Saudi Arabia. The accused, al Darbi, is the brother-in-law of the Flight 77 hijacker al Mihdhar. Flight 77 is the plane that hit the Pentagon on 9/11.

The sworn charges are: Conspiring with others , to attack civilians, to murder in violation of the law of war, to destroy property in violation of the law of war, to hazard a vessel and to commit terrorism, and Providing Material Support to Terrorism. Mr. al Darbi was allegedly involved in planning attacks on a vessels in the Strait of Hormuz and off the coast of Yemen.

It is alleged that the accused, al Darbi, traveled to Jalalabad and met with Usama bin Laden, trained at al Qaeda's Jihad Wahl training camp and later served as a weapons instructor at another al Qaeda training camp. From 2001 through 2002, is also alleged that al Darbi moved money from al Qaeda into financial institutions for expenses related to a plot to attack a vessel in the Strait of Hormuz or off the coast of Yemen.

It is further alleged that al Darbi joined in preparations for an al Qaeda terrorist operation in traveling to several countries to purchase a GPS device, a boat, and other equipment in late 2000 or early 2001. The boat, named "Adnan would be loaded with explosives for future terrorist operations The accused, al Darbi, ultimately registered the boat in his name as the "al Rahal" under the Sao Tome flag, and also purchased an additional boat to instruct Yemenis how to swim and operate a boat. In the spring of 2002, al Darbi departed the UAE on board the boat "al Rahal" destined for Yemen, diverted the boat to Somalia due to concerns with his own passport, and during this discussed travel plans by satellite phone with Walid al Shiba.

In accordance with the Military Commissions Act of 2006 and the Manual for Military Commissions, sworn charges must be forwarded for review by the Legal Advisor to the Convening Authority. The Convening Authority may then refer any or all charges to trial by military commission, or may dismiss charges or specifications. If the Convening Authority decides to refer the case to trial, she will designate commission panel members. A military judge and trial dates will be designated at a later time.

Brigadier General Thomas Hartmann, Legal Advisor to the Convening Authority, has stated that these War Crime courts are now moving intensely forward in open courts and with more due process than any war criminal has historically received. As the Military Commissions continue, our uniformed service members, including judges, prosecutors and defense counsel, will conduct these trials with the dignity, fairness, and respect for law that defines American military justice.

The sworn charges are only allegations that the accused has committed a war crime under the Military Commissions Act, and the accused is innocent until proven guilty beyond a reasonable doubt.