US Military Court at Gitmo Ends Hearings for Alleged 9/11 Attack Planners

The US war court convened to try five men accused of planning the September 11, 2001 terrorist attacks against the United States held a pretrial hearing this week at the military base in Guantanamo Bay, Cuba.

GUANTANAMO BAY NAVAL BASE (Sputnik), Joanne Stocker — Khalid Shaikh Mohammad, Walid Muhammad Salih Mubarak Bin Attash, Ramzi bin al-Shibh, Ammar al-Baluchi and Mustafa al-Hawsawi are each charged with conspiracy, attacking civilians, murder, violation of the laws of war, hijacking and terrorism.

The trial has been delayed by procedural issues and the remote location of the court. The five defendants were charged by a US military commission in 2008, and lawyers on both sides have stated that they do not anticipate the trial beginning in the near future.

CAMP 7 DETAINEE AT GUANTANAMO TESTIFIES ABOUT ONGOING TORTURE

On Thursday, Somali-born detainee Guleed Hassan Dourad testified about years of mental torture he and other detainees claim to have suffered in Guantanamo’s Camp 7.

On his first day in office in 2009, President Barack Obama signed an executive order banning the torture techniques the Central Intelligence Agency (CIA) used against detainees in black site detention centers.

But Guleed testified that he and at least two other detainees — Abu Zubaydah and Ramzi bin al-Shibh — have experienced years of daily mental torture in their cells, including foul smells, near-constant vibrations in the floors and banging noises.

Zubaydah was slated to testify about his own experiences in Camp 7, but the defense cancelled it over concerns that prosecutor Ed Ryan would ask incriminating questions, such as if Zubaydah was a member of the al-Qaeda terrorist group.

Zubaydah’s lawyer Patrick Flor underscored that his client’s first opportunity to defend himself against such allegations should be at his own trial, not during cross-examination by a US government prosecutor.

According to a US Senate Committee report, Zubaydah was subjected to mental and physical torture, including waterboarding. He lost his left eye while in CIA custody, and Flor stated on Thursday that he suffers continued gastrointestinal issues.

Guleed, who does not have a lawyer, also described some of the daily conditions the detainees face: Thursday’s court appearance afforded Guleed his first opportunity in 14 years to walk without leg shackles, he testified.

DEFENSE TEAMS ALLEGE ONGOING US GOVERNMENT MONITORING

On Tuesday, Khalid Shaikh Mohammad’s lawyer Gary Sowards told the military court at Guantanamo Bay that the defense teams are concerned they have been subjected to ongoing US government monitoring.

In 2013, defense teams found microphones hidden in smoke detectors and other devices in the interview rooms at Camp Echo, the former CIA facility at the US naval base at Guantanamo Bay where lawyers and detainees meet.

Moreover, when a hurricane damaged the cables outside Camp Echo, the defense was instructed to move to different facilities until the equipment was repaired, Sowards said.

The US government has acknowledged the eavesdropping capabilities exist, but claims it does not use them to monitor attorney-client conversations in the September 11 cases.

Cheryl Bormann, an attorney for accused September 11 financier Hassan bin Attesh, told Judge James Pohl that the evidence points to a history of the US government breaching attorney-client privilege, and that it would affect how the defense goes forward in the case.

FAMILIES OF SEPTEMBER 11 VICTIMS SEE PROGRESS IN GUANTANAMO COURT PROCEEDINGS

Some family members of the September 11 victims said on Tuesday that they are hopeful the trial will begin soon, after government prosecutor Ed Ryan told Judge Pohl that certain family members should be permitted to testify in open court during pretrial hearings in October.

"It’s the first time I felt that there was finally some positive direction," Ken Fairben, whose only child, Keith, was killed in the 2001 terrorist attacks while working as a paramedic in New York City, stated.

Ryan emphasized that the potential witnesses, who are 65-years old or older, may not live long enough or be healthy enough to testify at a future trial.

Defense attorneys for the five defendants have argued that the public victim impact evidence could make a fair trial impossible by prejudicing a potential jury pool against the defendants.

In US courts, victim impact statements are normally obtained after a defendant has been convicted, the attorneys explained.

SEPTEMBER 11 FAMILIES ‘CONFIDENT’ THE GUANTANAMO DETENTION CENTER WILL STAY OPEN

Some family members of the 9/11 victims said that they are confident the accused terrorist attack planners will remain at military base for the duration of the trial.

Ken Fairben stressed that the US Congress should keep the detention center open despite Obama’s stated plans of closing the facility.

Fairben’s wife Diane explained that the outcome of the US presidential election in November is unlikely to affect the detention center’s status because closing it will still require congressional approval.

In May, the US Senate Appropriations Committee passed a bill that prohibits the Obama administration from using defense funding toward the closure of the detention center or for transferring Guantanamo Bay detainees to the United States.

Obama maintains that the base is a threat to US national security because it is allegedly used by terrorist groups as a propaganda tool to recruit new fighters.