No decision yet on bringing charges, military commission trial

Two Guantanamo Bay detainees, Ali Hamza Ahmed Sulayman al Bahlul of Yemen and Ibrahim Ahmed Mahmoud al Qosi of Sudan, have been provided with defense counsel in advance of possible charges and trial by a military commission, according to a February 6 Department of Defense news release.

The two men, along with four other detainees, have been deemed eligible to be tried by a U.S. military commission under President Bush's Military Order of November 12, 2001.

According to the release, charges against the men have not yet been approved and trial dates have yet to be determined. "Al Bahlul and al Qosi are presumed innocent of any criminal charges until proven guilty beyond a reasonable doubt at a military commission," the release said.

Following is the news release:

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U.S. Department of Defense
Washington, D.C.

February 6, 2004

Guantanamo Detainees Assigned Defense Counsel

The Department of Defense announced today that Guantanamo detainees Ali Hamza AhmedSulayman al Bahlul of Yemen and Ibrahim Ahmed Mahmoud al Qosi of Sudan have been assigned military defense counsel. Although neither detainee has been charged, both are in the group of six detainees President Bush determined to be subject to his military order of Nov. 13, 2001. Military commission rules require that a defense counsel be available to an accused sufficiently in advance of trial to prepare a defense.

Air Force Lt. Col. Sharon Shaffer was detailed to represent al Qosi and Navy Lt. Cdr. Philip Sundel and Army Maj. Mark Bridges were detailed to represent al Bahlul by the Chief Defense Counsel, Air Force Col. Will Gunn.

The appointing authority has not made the decision to approve charges and refer al Bahlul's or al Qosi's cases to trial. Since no charges have been approved, no trial dates have been set. Al Bahlul and al Qosi are presumed innocent of any criminal charges until proven guilty beyond a reasonable doubt at a military commission.

Military commission procedures include: the presumption of innocence; a requirement for proof of guilt beyond a reasonable doubt; representation by a military defense counsel free of charge with the option to retain a civilian defense counsel at no expense to the U.S. government; an opportunity to present evidence and call witnesses; and a prohibition against drawing an adverse inference if an accused chooses not to testify. Military commissions have historically been used to try violations of the law of armed conflict and related offenses.

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(Distributed by the Bureau of International Information Programs, U.S. Department of State. Web site: http://usinfo.state.gov)