The Pentagon has charged six detainees at
Guantanamo Bay with murder and war crimes in connection with the Sept.
11 attacks. Officials said Monday they'll seek the death penalty in
what would be the first trials under the terrorism-era military
tribunal system.
"These charges allege a long term, highly
sophisticated, organized plan by al-Qaida to attack the United States
of America," Brig. Gen. Thomas W. Hartmann, the legal adviser to the
tribunal system, told reporters. He said a total of 169 charges were
sworn against suspects "alleged to be responsible for the planning and
execution of the attacks" in 2001 that killed nearly 3,000 people.
Hartmann
said the six include Khalid Sheikh Mohammed, the suspected mastermind
of the attacks in which hijackers flew planes into buildings in New
York and Washington. Another hijacked plane crashed in the fields of
western Pennsylvania.
The military wants the six tried together
before a military tribunal. But the cases may be clouded because of
recent revelations that Mohammed was subject to a harsh interrogation
technique known as waterboarding—which critics call torture.
Asked
what impact that will have on the case, Hartmann said it will be up to
the military judge to determine what evidence is allowed.
Prosecutors
have been working for years to assemble the case against suspects in
the attacks that prompted the Bush administration to launch its global
war on terror.
The other five men being charged are: Mohammed
al-Qahtani, the man officials have labeled the 20th hijacker; Ramzi
Binalshibh, said to have been the main intermediary between the
hijackers and leaders of al-Qaida; Ali Abd al-Aziz Ali, known as Ammar
al-Baluchi, a nephew of Khalid Sheikh Mohammed, who has been identified
as Mohammed's lieutenant for the operation; al-Baluchi's assistant,
Mustafa Ahmad al-Hawsawi; and Waleed bin Attash, a detainee known as
Khallad, who investigators say selected and trained some of the 19
hijackers.
The men would be tried in the military tribunal
system that was set up by the administration shortly after the start of
the counterterror war and which has been widely criticized for it rules
on legal representation for suspects, hearings behind closed doors and
past allegations of inmate abuse at Guantanamo. Original rules allowed
the military to exclude defendants from their own trials, permitted
statements made under torture, and forbade appeal to an independent
court; but the U.S. Supreme Court struck down the system in 2006 and a
revised plan set up after Congress enacted a new law has included some
additional rights.
Defense lawyers still criticize the system for it's secrecy.
But
Hartmann said Monday that the defendants will get the same rights as
U.S. soldiers tried under the military justice system including the
right to remain silent, call witnesses, and know the evidence against
them. Appeals can go all the way to the Supreme Court.
He called the charges sworn Monday "only allegations" and said the accused will remain innocent until proven guilty.
The
decision to seek the death penalty also is likely to draw criticism
from within the international community. A number of countries,
including U.S. allies, have said they would object to the use of
capital punishment for their nationals held at Guantanamo.
The
military tribunal system requires that a panel of 12 unanimously find a
defendant guilty for capital punishment cases, Hartmann said.
Officials
plan to hold the trial in a specially constructed court at Guantanamo
that will allow lawyers, journalists and some others to be present, but
leave relatives of Sept. 11 victims and others to watch the trial
through closed-circuit broadcasts.
Mohammed was among 15
so-called "high-value detainees" who were held at length by the CIA in
secret overseas prisons—some subject to what critics call
torture—before being handed over to the military in 2006.
Last
week, for the first time, the administration acknowledged that Mohammed
was among three suspects who were waterboarded. CIA Director Michael
Hayden said that waterboarding was used, in part, because of widespread
belief among U.S. intelligence officials that more catastrophic attacks
were imminent.
Waterboarding involves strapping a person down
and pouring water over the suspect's cloth-covered face to create the
sensation of drowning. It has been traced back hundreds of years, to
the Spanish Inquisition, and is condemned by nations around the world.
Critics call it a form of torture.
In Guantanamo Bay hearings
that have been criticized as unfair, Mohammed confessed to the 9/11
attack and a chilling string of other terror plots last March.
"I
was responsible for the 9/11 operation from A to Z," Mohammed said in a
statement read during the session, according to hearing transcripts
later released by the Pentagon.
Under the system, the charges
are forwarded to the convening authority for military commissions,
Susan Crawford. She can refer some or all of them for trial.
And
it could be months or longer before trials begin for the six Sept. 11
defendants. With the appeals process, it would likely be some time
after any convictions before executions would be possible.
White
House press secretary Dana Perino said Monday that President Bush and
the White House had no role in the decision to seek the death penalty
for the six charged.
"Obviously 9-11 was a defining moment in
our history, and a defining moment in the global war on terror," Perino
said. "And this judicial process is the next step in that story. The
president is sure that the military is going to follow through in a way
that the Congress said they should."
Here are other details of the charges:
—Each
defendant was charged with conspiracy and a number of separate offenses
including murder in violation of the law of war, attacking civilians,
destruction of property in violation of the law of war and terrorism.
—They
allege that Khalid Sheik Mohammed proposed the operational concept for
the attacks to al-Qaida leader Osama bin Laden as early as 1996,
getting approval and funding from bin Laden and overseeing the
operation.
—Mohammed, bin Attash, Binalshibh, Aziz Ali are also charged with hijacking the aircraft.
—Bin
Attash is alleged to have administered an al-Qaida training camp in
Afghanistan where two of the hijackers were trained; Binalshibh to have
helped find flight schools for the hijackers; Aziz Ali's to have helped
get the hijackers money and flight training; Al-Hawsawi and al-Qahtani
to have helped with money.
———
Washington reporter Lolita Baldor contributed to this report.
http://www.denverpost.com/breakingnews/ci_8229482