GUANTANAMO BAY, Cuba - U.S. Naval Station Guantanamo Bay, Cuba, played host to prosecutors, defense teams, journalists, and other military officials and civilians from various government and non-government organizations Dec. 6-12, as military commissions resumed. Additional testimony was heard in the case of the “9/11 Five:” Khalid Shaikh Mohammad, Walid Muhammad Salih Mubarak Bin ‘Attash, Ramzi Bin al Shibh, Ali Abdul Aziz Ali and Mustafa Ahmed Adam al Hasawi.
After a closed meeting on Dec. 6, the commissions resumed during an open session Tuesday with the testimony of the former commander of Camp 7, where these high-value detainees, among others, live.
This first witness was the commander of the facility from mid to late 2014, who participated remotely by way of a video teleconference.
The questions posed to the lieutenant colonel concerned the temporary order that prohibits female guards from having any physical contact with the 9/11 Five detainees only when they are escorted from the
camp to the military commissions and during attorney-client meetings.
Many questions centered on the standard operating procedure, “SOP 39,” which states that physical contact between a male and an unrelated female is considered socially unacceptable in Muslim
culture.
The defense posited that, for a variety of reasons including the idea that it is culturally inappropriate, females should not now, nor should they ever have been able to, be in physical contact with these detainees. The prosecution suggested that the operational need outweighed any alleged breach of cultural norm.
The lieutenant colonel testified that, among other things, there have been women working in Camp 7 for years, and their presence pre-dated the temporary order and the initial complaint that spawned it. She also testified about her concern that female guards
who were barred from performing certain functions could face negative consequences on their performance evaluations. Some of these functions include detainee movement to and from court and
attorney-client meetings.
Witness testimony extended into day three as well. Another former commander who led Camp 7 from late last year until the current commander took over during the summer of 2015, was interviewed on the same subjects. Again, much discussion centered on the exact
nature of SOP 39 and the alleged impact of limiting the use of female guards during the during the transportation of detainees to the military commissions.
During day four, the court heard the testimony from both the current Camp 7 commander and the Joint Detention Group Commander, Army Col. David E. Heath, both of whom were questioned regarding
the same temporary order. Heath, as the authority overseeing all of detainee operations for Joint Task Force Guantanamo, answered questions regarding detainee operations as a whole, as well as questions addressing Camp 7 specifically.
The fifth and final day of commissions followed the procedure of having both the defense and the prosecution present arguments for or against other motions.
The defense alleged that the commissions were irreparably and unlawfully influenced by senior leaders within the U.S. government.
They suggested that the case was made capital, that is to say a death penalty case, due to comments made by former President George W. Bush, and current President Barrack Obama. The prosecution argued against the claims of unlawful influence, citing the record of retired Navy Vice Adm. Bruce MacDonald, the man who ultimately referred the case to trial when he served as the Convening Authority for the Office of Military Commissions. The prosecution argued
that the choice to make the case capital was instead based on the severity of the alleged crimes committed by the 9/11 Five, namely the terrorist attacks in 2001.
The next time that the commissions will convene on the case of the 9/11 Five will be Feb. 15-26, 2016. For more information about the Office of Military Commissions, check out www.mc.mil.
| Date Taken: |
12.18.2015 |
| Date Posted: |
03.01.2016 11:29 |
| Story ID: |
190661 |
| Location: |
GUANTANAMO BAY, CU |
| Web Views: |
66 |
| Downloads: |
1 |
PUBLIC DOMAIN
This work, Key testimony heard as commissions progress, by SSG LeAnne Withrow, identified by DVIDS, must comply with the restrictions shown on https://www.dvidshub.net/about/copyright.
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