Abd al-Rahim al-Nashiri, a Saudi national of Yemeni descent, is accused of “organizing and directing” the bombing of the USS Cole as it refueled in Aden Harbor, Yemen, killing 17 U.S. soldiers aboard the ship. The allegations against al-Nashiri include: conspiracy to violate laws of war, murder, treachery, terrorism, destruction of property and intentionally causing serious bodily injury. The U.S. Defense Department plans to seek the death penalty.
Last year, al-Nashiri recanted his confession of being involved in the attack, saying that he only admitted to planning the attack to stop his torture. Michael Hayden, Director of the CIA, stated that al-Nashiri is among several terrorist suspects that were subjected to waterboarding in 2002 and 2003, while being interrogated in secret CIA prisons around the world.
The charges against al-Nashiri must now be approved by Defense Department official Susan J. Crawford, who will decide whether the charges will be referred to a military tribunal.
Brig. Gen. Thomas W. Hartmann, the legal advisor to the U.S. Military Tribunal system, said that all evidence, including the possibility of torture or abuse, would be before the tribunal.
Yet these tribunals are specifically designed to allow evidence of hearsay presented by government officials, hearsay evidence that may have been obtained during ‘interrogations’ like the ones suffered by al-Nashiri.
Doesn’t quite seem fair does it?
See:
Guantanamo detainee says torture prompted confession to USS Cole bombing
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