The Department of Defense announced today that charges have been filed against six of the detainees held at Guantanamo Bay, Cuba in connection with the events of September 11, 2001.
The Defense Department announced today that charges have been sworn against six detainees at Guantanamo, alleged to be responsible for the planning and execution of the attacks upon the United States of America which occurred on Sept. 11, 2001. Those attacks resulted in the death of nearly 3,000 people. The charges allege a long term, highly sophisticated, organized plan by al Qaeda to attack the United States.

The accused are: Khalid Sheikh Mohammed, Walid Muhammad Salih Mubarek Bin ‘Attash, Ramzi Binalshibh, Ali Abdul Aziz Ali, Mustafa Ahmed Adam al Hawsawi, and Mohamed al Kahtani.

Each of the defendants is charged with conspiracy and the separate, substantive offenses of: murder in violation of the law of war, attacking civilians, attacking civilian objects, intentionally causing serious bodily injury, destruction of property in violation of the law of war, terrorism and providing material support for terrorism.

The first four defendants, Khalid Sheikh Mohammed, Walid Muhammad Salih Mubarek Bin ‘Attash, Ramzi Binalshibh, and Ali Abdul Aziz Ali are also charged with the substantive offense of hijacking or hazarding a vessel.

All of the charges are alleged to have been in support of the attacks on the United States on Sept. 11, 2001.

Taking questions at today’s Bloggers’ Roundtable, Brig. Gen. Thomas W. Hartmann discussed the process from this point forward.

Clarifying media reports, General Hartmann stated out that the death penalty has been requested for these defendants but it remains up to the convening authority, Susan Crawford, to:
review the charges and supporting evidence to determine whether probable cause exists to refer the case for trial by military commission and whether the case should be capital.

This is the same process that previous detainees including Australian David Hicks have been through.

Hartmann believes that there will be a limited amount of classified material used in this trial. The defendants’’ military counsel will have clearance and access to such materials, which will allow for a defense to be prepared. The trial itself will be where the validity and admissibility of all evidence, including any which may have been obtained by waterboarding, is determined.

Any capital sentence will be determined by a unanimous finding of special circumstances by the twelve members of the military commission panel and a finding that a capital sentence is called for. Unlike normal criminal and military trials in the United States, this trial provides the defendants with an automatic right of appeal in the event of a conviction. The appeals route will be first to the Court of Military Commission Review, then through the District of Columbia Circuit Court of Appeals to the U.S. Supreme Court.

The logistical details of any sentence, capital or otherwise, remain to be determined.

References:

• Charges [pdf file]
• Brig. Gen. Thomas W. Hartmann bio
• American Forces Press Service report
• Military Commissions website
• Bloggers’ Roundtable transcript [pdf file]