Detainee Transfer Announced

English: GUANTANAMO BAY, Cuba (July 16, 2010) The North East Gate at Naval Station Guantanamo Bay, Cuba is the only entry and exit point to mainland Cuba from the naval station. It has been closed to base personnel since the United States broke off diplomatic relations with the Cuban government on January 3, 1961. (U.S. Navy photo by Chief Mass Communication Specialist Bill Mesta/Released) (Photo credit: Wikipedia)

            The Department of Defense announced today that Ibrahim al Qosi was transferred from the detention facility at Naval Station Guantanamo Bay, Cuba, to Sudan.  

            In July 2010, al Qosi pleaded guilty in a military commission to both conspiracy and providing material support for terrorism, as defined by the Military Commissions Act.  He was sentenced to 14 years confinement for his crimes.  In exchange for cooperating with prosecutors as required by the terms of his pre-trial agreement, the Convening Authority for Military Commissions suspended all but two years of that sentence, starting from July 7, 2010, the date of his plea.  The United States government has returned al Qosi to Sudan at the conclusion of the unsuspended portion of his sentence. 

            The United States coordinated with the government of Sudan regarding appropriate security and humane treatment measures.  In accordance with statutory reporting requirements, the administration informed Congress of its intent to transfer al Qosi to Sudan. 

            Documents related to al Qosi’s military commission proceedings are available on the Office of Military Commissions website at: http://www.mc.mil/ . 

            Today, 168 detainees remain at the detention center in Guantanamo Bay.

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DOD Announces Sentence for Detainee Noor Uthman Muhammed

U.S. Department of Defense Office of the Assistant Secretary of Defense (Public Affairs) News Release

On the Web: http://www.defense.gov/Releases/Release.aspx?ReleaseID=14278 Media contact: +1 (703) 697-5131/697-5132 Public contact: http://www.defense.gov/landing/comment.aspx or +1 (703) 428-0711 +1

IMMEDIATE RELEASE No. 139-11 February 18, 2011

The Department of Defense announced today that Noor Uthman Muhammed was sentenced to 14 years in confinement for providing material support to al-Qaeda and conspiracy to provide material support to a terrorist organization and terrorism.                A pre-sentencing hearing took place in a military commission courtroom at the U.S. Naval Station at Guantanamo Bay, Cuba.  During his Feb. 15 guilty plea, Muhammed admitted to serving many roles at the Khaldan terrorist training camp in Afghanistan beginning in 1994.  He admitted to being a weapons instructor, member of the Council of Advisors to the Emir, and to overseeing the Khaldan terrorist training camp in the Emir’s absence.  Muhammed stipulated that he entered into an agreement with Abu Zubaida and others to train recruits to commit acts of terrorism in support of al-Qaeda or affiliated terrorist organizations engaged in hostilities against the United States.  He admitted that individuals trained at Khaldan during his tenure there included, among others, Mohammed al Owhali, a convicted participant in the U.S. embassy bombing in Nairobi, Kenya; Ahmed Ressam, a convicted participant in the Millennium Plot, the plan to bomb Los Angeles International Airport on 31 December 1999; and Zacarias Moussaoi, the admitted al-Qaeda terrorist, who was convicted in the Eastern District of Virginia and is serving a life sentence in federal prison.                Under the terms of the pre-trial agreement, Muhammed agreed to testify for the United States at any military commission, federal court proceeding, or federal grand jury proceeding against other individuals involved in terrorist activity.  Muhammed has cooperated with U.S. law enforcement and intelligence agencies and, as part of the pre-trial agreement, must continue to cooperate.  In exchange for Muhammed’s guilty plea and promise to cooperate and testify, the Convening Authority agreed to suspend any period of confinement greater than 34 months.  If Muhammed fails to comply with his promise to testify and cooperate, he can be required to serve all 14 years of his sentence.               Once the record of trial is finalized, it will be sent to the Convening Authority for Military Commissions for action on the findings and sentence.  The Convening Authority may set aside the findings with respect to any charge, and he may reduce, but not increase, Muhammed’s sentence.  After reviewing the record and taking final action on the findings and sentence, the Convening Authority will announce the sentence that Muhammed will serve.

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Detainee Pleads Guilty at Military Commission Hearing

U.S. Department of Defense Office of the Assistant Secretary of Defense (Public Affairs) News Release

On the Web: http://www.defense.gov/Releases/Release.aspx?ReleaseID=14266 Media contact: +1 (703) 697-5131/697-5132 Public contact: http://www.defense.gov/landing/comment.aspx or +1 (703) 428-0711 +1

IMMEDIATE RELEASE No. 122-11 February 15, 2011

The Department of Defense announced that Noor Uthman Muhammed pleaded guilty today in a military commission.  In accordance with a pre-trial agreement, Muhammed admitted, in open court, to providing material support to terrorism and conspiring to provide material support to terrorism.  His sentence will be determined at a hearing scheduled to begin Feb. 16.                In all cases tried by military commission, the military judge has a duty to inquire into the voluntariness of the guilty plea before it may be accepted.  In this case, the military judge questioned Muhammed at length and then indicated she was satisfied that the accused understood his rights, that the plea was voluntary, and that there was a legal and factual basis for the plea.                  In all military commissions, a panel of military officers known as “members” determines the sentence when there is a finding of guilt.  At a hearing, the defense and prosecution will each have an opportunity to present evidence and argument to the members to aid them in determining a sentence.  The terms of the agreement are not disclosed to the members and will be disclosed to the public after the sentence is announced.

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Detainee gets 40 years solitary confinement for Murder

DOD Announces Sentence for Detainee Omar Khadr The Department of Defense announced today that a military commission sentenced Omar Khadr to 40 years in confinement after he pleaded guilty to murder in violation of the law of war, attempted murder in violation of the law of war, conspiracy, providing material support for terrorism, and spying. A pre-sentencing hearing took place in a military commission courtroom at the U.S. Naval Station at Guantanamo Bay, Cuba. During his Oct. 25 guilty plea, Khadr admitted to throwing a grenade that killed Army Sgt. 1st Class Christopher Speer after a firefight between Khadr and his associates and coalition forces. Khadr admitted that prior to and during the firefight, he had the opportunity to safely leave but chose to stay and fight against the American and coalition forces. He admitted building and planting ten landmines, intending to kill as many Americans as possible. Prosecutors presented evidence that Khadr received training at al Qaeda terrorist camps and assisted al Qaeda and other terrorist organizations. Prosecutors also called Speer’s widow, Tabitha Speer, giving her the opportunity to address the commission. She explained the effect the murder of her husband had on her and their two children, who were 3 years old and 9 months old at the time of Speer’s death. The defense presented evidence from a dean at Kings University College, in Edmonton, Canada, asserting that upon his release, Khadr will likely be admitted to that college at no cost to him. Khadr also provided an unsworn statement, not subject to cross-examination, in which he accepted responsibility for his acts, and stated he was sorry for the pain he caused Speer’s widow. Khadr was sentenced to 40 years by a panel of military officers, known as “members” — the equivalent of a jury in civilian courts. Under the rules provided by the Manual for Military Commissions, Khadr will not receive credit for the time (more than eight years) that he spent in law of war detention before his conviction. Khadr’s sentence is limited by the terms of his plea agreement to eight years confinement, but he receives the benefit of whichever is less — the adjudged sentence or the eight-year sentence limitation. Consistent with the terms of Khadr’s plea agreement, the governments of Canada and the United States exchanged notes reflecting that both would support Khadr’s transfer to Canadian custody to serve the remainder of his approved sentence after he serves one year in U.S. custody. After the military commission adjourns, the Office of Military Commissions finalizes the record of trial. The military judge and counsel from both sides then review the record to ensure it is accurate, after which it will be sent to the Convening Authority for Military Commissions. The Convening Authority may reduce, but not increase, Khadr’s sentence. He may also set aside the findings with respect to any charge. After reviewing the record, the Convening Authority will take final action on the findings and sentence, announcing the sentence that Khadr will serve. U.S. Department of Defense Office of the Assistant Secretary of Defense (Public Affairs) On the Web: http://www.defense.gov/releases/ Media Contact: +1 (703) 697-5131/697-5132 Public Contact: http://www.defense.gov/landing/questions.aspx or +1 (703) 428-0711 +1 Update your subscriptions, modify your password or e-mail address, or stop subscriptions at any time on your User Profile Page. You will need to use your e-mail address to log in. If you have questions or problems with the subscription service, please e-mail support@govdelivery.com. GovDelivery, Inc. sending on behalf of the U.S. Department of Defense • 408 St. Peter Street Suite 600 • St. Paul, MN 55102 • 1-800-439-1420

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Military Commission Guilty Plea

Image via Wikipedia

                The Department of Defense announced that Ibrahim Ahmed Mahmoud al Qosi, 50, pleaded guilty today in a military commission to providing material support to al Qaeda and conspiring to commit terrorism and material support to terrorism.  His sentence will be determined at a hearing in August.

                Responding to questions from the Military Judge, al Qosi admitted that he engaged in hostilities against the United States in violation of the laws of war.  Al Qosi said under oath that he intentionally supported al Qaeda in hostilities against the United States since at least 1996, when Usama bin Laden issued an order urging his followers to commit acts of terrorism against the United States.  In 1996, al Qosi followed bin Laden to Afghanistan.  For the next six years he provided logistical support to Usama bin Laden and al Qaeda at al Qaeda compounds in Afghanistan. 

                During questioning under oath, al Qosi admitted that while he provided logistical support, he knew al Qaeda engaged in acts of terrorism.  He admitted that he knew that al Qaeda was and is recognized around the world as an international terrorist organization. 

                Al Qosi was questioned by the Military Judge, Air Force Lt. Col. Nancy Paul, during a hearing at Guantanamo Bay, Cuba.  Three of his six attorneys – representing him at no cost to him – assisted him.  In all cases tried by military commission, the Military Judge has a duty to inquire into the voluntariness of the plea before accepting a guilty plea.  In this case, the Military Judge questioned al Qosi at length and then indicated she was satisfied that the accused understood his rights, that the plea was voluntary, and that there was a factual basis for the plea.  This requirement safeguards the rights of the accused. 

                In all military commissions, a panel of military officers known as “members” determines the sentence, regardless of whether the plea was guilty or not guilty.  While the military judge determines whether the accused understands the charges to which he pleads guilty and that his plea is voluntary, the members decide the appropriate sentence.  At a hearing scheduled for August, the defense and prosecution will each have an opportunity to present evidence and argument to the members to aid them in determining a sentence.

   A link to al Qosi’s list of charges can be viewed on the Military Commissions web site at
http://www.defense.gov/news/d20080305alqosicharges.pdf
.

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