Osama bin Laden
A federal appeals court on Oct. 20 upheld (PDF) a conspiracy conviction of the former personal assistant to Osama bin Laden. The US Court of Appeals for the District of Columbia Circuit ruled that a military tribunal had jurisdiction to convict Ali Hamza Ahmad Suliman al-Bahlul. Bahlul was tried and convicted by a military commission created after September 11, 2001. A three-judge panel had thrown out the conspiracy conviction last year, and the Obama administration requested that the full appeals court reconsider the case. The issue in the case was whether the constitution grants Congress the ability to determine that conspiracy to commit war crimes is an offense triable by military commissions even though conspiracy crimes are not recognized as international war crimes. The majority determined that foreign nations could not have "a de facto veto power" over Congress' determination of which war crimes may be considered by a military tribunal:
The last Kuwaiti held at Guantánamo, Faiz Mohammed Ahmed al-Kandari, has been repatriated to his home country, the US Department of Defense announced Jan. 8. The Periodic Review Board (PRB) determined in September that "continued law of war detention of Al-Kandari does not remain necessary to protect against a continuing significant threat to the security of the United States." Al-Kandari was captured by unnamed Afghans and arrived at Guantánamo in May 2002 after being accused of serving as Osama bin Laden's "advisor and confidant." Kuwaiti authorities said the release showed progress in bilateral relations with the US. The release of all 12 Kuwaiti detainees followed strong efforts by Kuwait and high-profile Washington lawyers to secure their freedom. Al-Kandari is the third detainee to be resettled this week; 104 detainees remain at the detention center.
The European Center for Constitutional and Human Rights (ECCHR) on Oct. 19 filed a criminal complaint against a high-ranking CIA official for mistreatment of Khaled el-Masri, a German citizen who was detained and allegedly tortured for four months in 2003. El-Masri was on vacation in Macedonia when he was mistaken for Khalid al-Masri, a suspect in the Sept. 11, 2001, terrorist attacks. El-Masri was then transported to Afghanistan where he was detained and questioned for four months under the direction of Alfreda Frances Bikowsky. At the time, Bikowsky was deputy chief of the Central Intelligence Agency's Bin Laden Issue Station. ECCHR asserts in the complaint that the US Senate Torture Report ties Bikowsky to el-Masri's detention, and ECCHR requests that the German federal prosecutor investigate.
The Obama administration on Sept. 25 notified Congress of its plan to release Guantánamo Bay inmate Shaker Aamer to the United Kingdom next month. Aamer, who was captured in Afghanistan in 2001, is the final British resident held in the United States' military prison. Although he denies association, Aamer allegedly held close ties to Osama Bin Laden and al-Qaeda, and fought in the battle of Tora Bora. Now the Saudi national, who married a British citizen in 1990, will be sent back to the UK in mid-October, following a long run of lobbying by British politicians and celebrities to have Aamer released.
The US Department of Defense (DoD) announced Sept. 22 that it had transferred Guantánamo Bay detainee Abdul Shalabi. Shalabi, who likely was a bodyguard for Osama Bin Laden, was transferred to the government of the Kingdom of Saudi Arabia after a Periodic Review Board determined in June that, although he may still sympathize with extremists, his continued detention did "not remain necessary to protect against a continuing significant threat to the security of the United States." Today 114 detainees remain at Guantánamo Bay.
Moroccan-born Younis Abdurrahman Chekkouri, who spent 13 years in the Guantánamo Bay prison, was released Sept. 17 as part of the Obama administration's effort to wind down and eventually close the detention center. The US never formally charged Chekkouri with a crime, but according to military documents he was believed to have been an associate of Osama bin Laden and to have run al-Qaeda training camps in Afghanistan. Chekkouri was cleared for release by the Guantanamo Review Task Force (PDF) in January 2010. Rights group Reprieve after his release reported that he was still being held by local authorities in his native Morocco. The prisoner release is the first since June, when six Guantanamo detainees were transferred to Oman. The prison's population is now reduced to to 115.
Six Guantánamo detainees were transferred to Oman June 13, marking the first transfer of detainees from the prison in five months. The Pentagon reports that the six Yemeni men transferred include Emad Abdullah Hassan, held without charge since 2002, Idris Ahmad 'Abd Al Qadir Idris and Jalal Salam Awad Awad, all accused of being one of many bodyguards to al-Qaeda leader Osama bin Laden, as well as Sharaf Ahmad Muhammad Mas'ud, whom the US said fought American soldiers at Tora Bora, Afghanistan, before his capture in Pakistan, Saa'd Nasser Moqbil Al Azani, a religious teacher whom the US believes had ties to bin Laden's religious adviser, and Muhammad Ali Salem al-Zarnuki, who allegedly arrived in Afghanistan as early as 1998 to fight and support the Taliban. President Barack Obama's administration has transferred more than half of the 242 detainees who were at the facility when he took office in 2009, but lawmakers have sought new restrictions on transfers that may lead to further challenges to the president's initiative.
A former aide of Osama bin Laden was found guilty on Feb. 26 of plotting the 1998 al-Qaeda bombings of US embassies in Kenya and Tanzania that killed 224. Extradited from the UK in 2012, Saudi national Khalid al-Fawwaz was convicted on four counts of conspiracy by the US District Court for the Southern District of New York after three days of jury deliberations, and faces a possible life sentence. US Attorney Preet Bharara said al-Fawwaz "played a critical role for al-Qaeda in its murderous conspiracy against America." He described al-Fawwaz as one of bin Laden's "original and most trusted lieutenants" who was leader of an al-Qaeda training camp in Afghanistan, and later acted as bin Laden's spokesperson in London. Al-Fawwaz was arrested in the UK in 1998, the same year as the bombings. His trial lasted a month under heavy security in Manhattan. Al-Fawwaz did not testify.