The US Court of Appeals for the District of Columbia Circuit on Jan. 25 vacated the conspiracy conviction of Ali Hamza Ahmad Suliman al-Bahlul (HRW profile), former media secretary of Osama bin Laden. The DC Circuit ruled that the military tribunal that convicted al-Bahlul of conspiracy in 2007 erred because a Guantánamo prisoner could not be convicted of conspiracy unless his crime took place after 2006. The court explained that the Military Commissions Act of 2006 codified conspiracy as a war crime, but did not apply to crimes committed before the MCA was passed. Al-Bahlul was captured in 2001. The US has 90 days to appeal the DC Circuit's decision to the US Supreme Court.
Two weeks ago the US Department of Justice asked the DC Circuit to reverse al-Bahlul's conviction because the court is bound by its decision last October to dismiss the case against bin Laden's former driver, Salim Ahmed Hamdan. In September 2011 the US Court of Military Commission Review ruled in a 7-0 vote that al-Bahlul had been properly convicted of being a propagandist and should spend the rest of his life in prison. He previously boycotted much of his trial proceedings. Al Bahlul, a 39-year old Yemeni citizen, went on trial at Guantánamo Bay in 2008, charged with conspiracy, solicitation to commit murder and attacks on civilians, and providing material support for terrorism. He is accused of researching the financial impact of the 9-11 attacks and also releasing the "martyr wills" of 9-11 hijackers Muhammed Atta and Ziad al Jarrah as propaganda videos. Al-Bahlul was the second detainee to go on trial at Guantánamo since the prison there opened in 2002 and is the only convict currently held at the facility.
From Jurist, Jan. 26. Used with permission.
Second Circuit dismisses 9-11 civil suits
The US Court of Appeals for the Second Circuit [official website] ruled on three cases related to the 9-11 attacks on April 16, upholding the dismissal of almost all of the claims against the defendants. In In Re Terrorist Attacks on September 11, 2001 (Asat Trust Reg., et al) the court upheld dismissals for a lack of personal jurisdiction over all but 12 of the 37 defendants. The defendants who were dismissed from the case included five relatives of Osama bin Laden. The court remanded the case for the 12 defendants to whom the court found that personal jurisdiction did apply. The Second Circuit also upheld the dismissals against two defendants in In Re Terrorist Attacks on September 11, 2001 (Saudi Joint Relief Comm., et al), as the court found that the noncommercial tort exception to the Foreign Sovereign Immunities Act (FSIA) did not apply to the defendants because the tortious acts allegedly committed by the defendants did not occur inside the US. Finally, in In Re Terrorist Attacks on September 11, 2001 (Al Rajhi Bank, et al), the Second Circuit upheld the dismissals against the defendants for a failure to state a claim for which the court could grant relief, specifically asserting that the defendants were not found to have owed a duty to the plaintiffs or to have proximately caused the harm to the plaintiffs.
From Jurist, April 17. Used with permission.