Courtesy Photo | Salim Ahmed Hamdan, pictured at far left in this courtroom sketch from June 2007, was...... read more read more
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Story By Army Spc. Shanita Simmons
JTF Guantanamo Public Affairs
A military commissions judge in Guantanamo Bay, Cuba, heard testimony from witnesses, Dec. 5, during the first military tribunal held since World War II.
The Military Judge, Navy Captain Keith J. Allred presided over the hearing where he heard evidence to determine whether Salim Ahmed Hamdan, a 37-year-old native of Yemen, was an unlawful enemy combatant.
Hamdan was charged with Conspiracy and Providing Material Support for terrorists and could face life in prison if convicted. Hamdan was captured in 2001 by Afghans operating with U.S. forces operating south of Kandahar.
U.S. authorities stipulated that Hamdan was not only a driver for al-Qaida leader Osama Bin Laden, but was also actively involved in terrorist activities. Hamdan's defense counsel argued that he took no active part in Bin Laden's plans to attack the U.S, and should not be linked to such activities based solely on being his driver.
Defense attorneys also argued that Hamdan, who has been detained in Guantanamo Bay for the past six years, should be declared a prisoner of war and afforded greater protections than those detainees at Guantanamo who are designated as enemy combatants.
Government prosecutors called witnesses during the two-day hearing to support their argument that Hamdan is an unlawful enemy combatant eligible to face a military commission. The hearing concluded, Nov. 6, with the judge saying he would issue a written ruling on the jurisdictional issue the following week.
Said Boujaadia, a detainee held at Guantanamo, testified on Hamdan's behalf after receiving immunity covering his testimony from the Convening Authority of the Office of Military Commissions. This grant of immunity prevents the government from using testimony given by Boujaadia against him at a later commissions hearing.
Boujaadia, who was captured in 2001 at a checkpoint on the main supply route between Pakistan and Kandahar, said he saw Hamdan lying face down on the floor of a building shortly after the two were apprehended. However, Boujaadia could not speak to whether Hamdan was an al-Qaida member, nor did he recall seeing Hamdan's car, which was confiscated by Afghan forces.
Although Boujaadia claimed days passed before U.S. forces showed up to investigate, a U.S. Army officer, whose forces were engaged in a gun fight with Taliban and al-Qaida operatives, said he met with Hamdan shortly after his capture. Hamdan's capture occurred after Afghan forces stopped the vehicle in which Hamdan was riding, searched it and confiscated SA7 rockets that were in the trunk. These were the same type of rockets that had been targeting U.S. and coalition forces in the area.
The Army officer said Hamdan was not wearing a black Turban head dress which was typically worn by Taliban members fighting U.S. and coalition forces. The Army officer added that Hamdan was immediately identified as an Arab.
Dr. Brian Williams, a University of Massachusetts – Dartmouth assistant professor, who has studied terrorist groups linked to al-Qaida, supported the defense assertion that there were individuals working for Bin Laden who were not actively participating in terrorist activities.
Hamdan told a government agent, who interrogated him in Guantanamo Bay during three separate sessions, that he had made an "oath of allegiance" to Bin Laden and pledged to fight Jihads against Jews and crusaders as long as he could pull away if al-Qaida fought certain Muslim groups. Robert McFadden, a Department of Defense agent, said Hamdan left Yemen in 1996 and headed to Jujikistan to fight on the Jihad front. He was later introduced to Bin Laden who paid him $200 to $300 a month plus $100 for housing to be a driver in his security force.
Hamdan admitted to agents that he was tasked with picking up weapons and ammunition from a Taliban warehouse and knowingly delivering the equipment to al-Qaida storage facilities. He also admitted to being a driver for the al-Qaida leader before and after the Sept. 11 attacks against the United States.
The defense countered by saying that Hamdan's employment as a driver did not directly link him to Bin Laden's terrorist activities. However, the prosecution believed that a video shown in court of Hamdan and Bin Laden walking together during a Muslim feast shows that he played an essential part in protecting Bin Laden.
McFadden countered that argument by saying that someone who worked as closely with Bin Laden as Hamdan would also have knowledge of his terrorist activities.
Hamdan was aware of Bin Laden's involvement in attacks on the U.S. embassies in the East African nations of Tanzania and Kenya and the USS Cole, and he admitted to FBI agents that he drove Bin Laden to a news conference where he warned of an impending attack. Although Hamdan said nothing to indicate he was involved in planning terrorist attacks, he did admit to hearing Bin Laden say he thought the Sept. 11 attacks would result in 1000 to 1500 deaths, but was pleased to hear there were more.
Although the prosecution presented witnesses who corroborated the assertion that Hamdan had knowledge of terrorist activities, the defense contended in closing arguments that no evidence was presented that proves he purposely engaged in providing material support to any terrorists.
Military Commissions Chief Prosecutor Army Col. Lawrence Morris, said he was pleased with the presentation of evidence by the government, as well as by Hamdan's counsel. He stated that a favorable ruling for the prosecution in this case will resolve a major legal issue that could otherwise impede the military commissions' process.
"Our best hope and expectation is to find lawful jurisdiction in this case. This will also open the path to trials in other cases," said Morris.
More stories from Guantanamo visit www.jtfgtmo.southcom.mil
| Date Taken: | 12.19.2007 |
| Date Posted: | 12.19.2007 09:02 |
| Story ID: | 14832 |
| Location: |
| Web Views: | 409 |
| Downloads: | 383 |
This work, Bin Laden's Driver Accused of Active Terrorist Involvement, by Shanita Simmons, identified by DVIDS, must comply with the restrictions shown on https://www.dvidshub.net/about/copyright.
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