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Charges Dropped Against Detainee Mohammed al-Qahtani
May-13-08 03:43 pm
[sjc.jpg]
Susan J. Crawford

The AP is reporting:

The Pentagon has dropped charges against a Saudi at Guantanamo who was alleged to have been the so-called "20th hijacker" in the Sept. 11 attacks, his U.S. military defense lawyer said Monday.

Mohammed al-Qahtani was one of six men charged by the military in February with murder and war crimes for their alleged roles in the 2001 attacks. Authorities say al-Qahtani missed out on taking part in the attacks because he was denied entry to the U.S. by an immigration agent.

But in reviewing the case, the convening authority for military commissions, Susan Crawford, decided to dismiss the charges against al-Qahtani and proceed with the arraignment for the other five, said Army Lt. Col. Bryan Broyles, the Saudi's military lawyer.

Crawford dismissed the charges Friday without prejudice, meaning they can be filed again later, but the defense only learned about it Monday, Broyles told The Associated Press.

The attorney said he could not comment on the reasons for the dismissal until discussing the case with lawyers for the other five defendants. Officials previously said al-Qahtani had been subjected to a harsh interrogation authorized by former Defense Secretary Donald H. Rumsfeld.

A Pentagon spokesman, Navy Cmdr. Jeffrey Gordon, confirmed the case was proceeding against the five defendants and that their arraignment will be within 30 days of the charges being served at the U.S. base at Guantanamo Bay, Cuba.

Gordon declined further comment since the Office of Military Commissions had not yet released the formal announcement about the legal developments.

As the AP report notes:

Al-Qahtani last fall recanted a confession he said he made after he was tortured and humiliated at Guantanamo.

The alleged torture, which he detailed in a written statement, included being beaten, restrained for long periods in uncomfortable positions, threatened with dogs, exposed to loud music and freezing temperatures and stripped nude in front of female personnel.

The U.S. has alleged that al-Qahtani, who military records show is about 28, barely missed becoming the 20th hijacker on Sept. 11, 2001. The Saudi was denied entry into the country by immigration agents at the airport in Orlando, Florida.

At the time, he had more than $2,400 in cash, no return plane ticket and lead hijacker Mohamed Atta was waiting for him, the military has said.

I cannot help but believe that the method used to obtain his confession was one of the reasons why the charges were dropped. I wonder what will happen in the other cases-- even though authorities say the are moving foward. In particular, I wonder what will happen to  Khalid Sheikh Mohammed-- who was waterboarded.


Tags: human rights detainees torture terrorism

About the editor:

Anthony Clark Arend

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Commentary and analysis at the intersection of international law and politics.

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