Defense Department: Detainees to have military trial

Two detainees being held by the U.S. military at Guantanamo Bay, Cuba, were charged February 24 with conspiracy to commit war crimes, according to a Defense Department statement.

The two are Ali Hamza Ahmed Sulayman al Bahlul of Yemen and Ibrahim Ahmed Mahmoud al Qosi of Sudan. Al Bahlul is alleged to be a key al-Qaida propagandist. Al Qosi is alleged to be a key al-Qaida accountant, bin Laden bodyguard, and weapons smuggler.

The two will be tried by a military commission under procedures that include: the legal 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.

Following is the text of the Defense statement:

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U.S. Department of Defense
News Release
February 24, 2004

Two Guantanamo Detainees Charged

The Department of Defense announced today that Guantanamo detainees Ali Hamza Ahmed Sulayman al Bahlul of Yemen and Ibrahim Ahmed Mahmoud al Qosi of Sudan have been charged with conspiracy to commit war crimes and will be tried by military commission.

Al Bahlul is alleged to be a key al-Qaida propagandist who produced videos glorifying the murder of Americans to recruit, inspire, and motivate other al-Qaida members to continue attacks against Americans, the United States, and other countries, as well as serving as a bodyguard for Usama bin Laden. Al Qosi is alleged to be a key al-Qaida accountant, bin Laden bodyguard, and weapons smuggler. He is alleged to be a long-time assistant and associate of bin Laden, dating back to the time when bin Laden lived in Sudan.

Al Bahlul and al Qosi are charged with willfully and knowingly joining an enterprise of persons who shared a common criminal purpose and conspired with Usama bin Laden and others to commit the following offenses: attacking civilians; attacking civilian objects; murder by an unprivileged belligerent; destruction of property by an unprivileged belligerent; and terrorism. Specifics of each individuals' charges are available at:

http://www.defenselink.mil/news/Feb2004/d20040224Al Qosi.pdf and http://www.defenselink.mil/news/Feb2004/d20040224Al Bahlul.pdf

Al Bahlul and al Qosi are presumed innocent of any criminal charges unless proven guilty beyond a reasonable doubt at a military commission. Trial dates and commission panel members will be selected at a later time.

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)