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Tuesday, June 03, 2008

 

Alleged 9/11 plotters 
get Guantánamo hearing


WASHINGTON: Five alleged terrorists accused of plotting the September 11, 2001 attacks are to appear in public for the first time in years on Thursday at a military hearing in the US prison at Guantánamo Bay.

Seven years after some 3,000 people were killed in the attacks on the World Trade Center in New York and the Pentagon, there are lingering doubts that the trial will ever get fully underway.

But Khaled Sheikh Mohammed, considered the brains of the attacks, along with alleged co-conspirators Ramzi Binalshibh, Ali Abd al-Aziz Ali, Wallid bin Attash and Mustapha al-Hawsawi, all face the death penalty if convicted by the military commission on the US military base in Cuba.

They are due to appear before the judge, Marine Corps Colonel Ralph Kohlmann, to be arraigned on the charges against them which include conspiracy, murder, attacking civilians, intentionally causing serious bodily injury, destruction of property, terrorism, and material support for terrorism.

All were arrested between 2002 and 2003 and were transferred to the controversial base in 2006, allegedly after spending years in secret CIA prisons.

The trials have already been overshadowed by the controversy surrounding their arrests and whether so-called confessions published by the US military were exacted under torture.

“You can expect that the defense is going to be making strong arguments that the evidence the government wants to use against these individuals is tainted,” Geoffrey Corn, a professor at South Texas College of Law who has provided legal counsel to the defense, told Agence France-Presse.

“If it was torture it is inadmissible. If it is not torture but coercion, then the judge has to make a decision. How does a judge define what is torture and forced coercion?”

Earlier this year the CIA admitted that Sheikh Mohammed was subjected to a technique of simulated drowning known as “waterboarding” which critics have denounced as torture.

But another legal expert hit back that the case against the five is solid, even though none of the 19 hijackers who seized four planes on the day to use as weapons survived to give evidence.

“The evidence against the five defendants is overwhelming. It does not depend on any evidence that has been obtained under duress,” said legal analyst David Rivkin, a former counsel to former presidents Ronald Reagan and George H. Bush.

“They have all acknowledged what they have done after being interrogated by the so-called clean teams,” he told Agence France-Presse, referring to FBI agents who were judged not to have used excessive force in their interviews.

Sheikh Mohammed, 43, has claimed to be behind not just the September 11 attacks but also some 30 operations against the West in the past decade, according to transcripts of his interrogation released by the Pentagon.

His appearance on Thursday will be the first time he has been seen in public since his capture in Pakistan on March 1, 2003.

Binalshibh has refused to take part in the administrative process, while both Attash and Hawsawi have essentially admitted the charges against them. Ali however has denied all the allegations.

“It is my sense that all are quite eager to testify as to who they are and why they have done the things they have done on the stand,” said Rivkin.

And he added that the hearings were “enormously symbolic and important, and also important for the cause of justice. The fundamental aspect of any justice system is the ability to bring a sense of closure to the victims and their families and to the society at large.”
--AFP

   

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Severino O. Frayna Jr., Benjie Dela Rosa
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