This article is from the source 'nytimes' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at http://www.nytimes.com/2014/02/21/us/guantanamo-detainee-ahmed-muhammed-haza-al-darbi.html
The article has changed 8 times. There is an RSS feed of changes available.
| Version 5 | Version 6 |
|---|---|
| Guantánamo Detainee Pleads Guilty in 2002 Attack on Tanker Off Yemen | |
| (35 minutes later) | |
| FORT MEADE, Md. — A Saudi detainee at Guantánamo Bay, Cuba, pleaded guilty on Thursday before a military commission to terrorism-related offenses involving a 2002 attack by Al Qaeda on a French-flagged oil tanker off the coast of Yemen. The plea deal will give him a specific sentence and a prospect of leaving the American military prison, where he has been held in indefinite detention. | FORT MEADE, Md. — A Saudi detainee at Guantánamo Bay, Cuba, pleaded guilty on Thursday before a military commission to terrorism-related offenses involving a 2002 attack by Al Qaeda on a French-flagged oil tanker off the coast of Yemen. The plea deal will give him a specific sentence and a prospect of leaving the American military prison, where he has been held in indefinite detention. |
| Under the pretrial agreement, the detainee, Ahmed Muhammed Haza al-Darbi, 39, will spend at least three and a half more years at Guantánamo before he is sentenced, and then would most likely be transferred to Saudi Arabia to serve out the remainder of that term. | Under the pretrial agreement, the detainee, Ahmed Muhammed Haza al-Darbi, 39, will spend at least three and a half more years at Guantánamo before he is sentenced, and then would most likely be transferred to Saudi Arabia to serve out the remainder of that term. |
| In all, he would remain imprisoned for nine to 15 years, depending on his behavior in custody, on top of the nearly 12 years he has already been detained. Mr. Darbi has agreed to cooperate with prosecutors in the interim, and is expected to testify against a higher-profile terrorism defendant, Abd al-Rahim al-Nashiri, a fellow Saudi. | In all, he would remain imprisoned for nine to 15 years, depending on his behavior in custody, on top of the nearly 12 years he has already been detained. Mr. Darbi has agreed to cooperate with prosecutors in the interim, and is expected to testify against a higher-profile terrorism defendant, Abd al-Rahim al-Nashiri, a fellow Saudi. |
| Mr. Nashiri is facing death-penalty charges before the commission. He is accused of helping plan several maritime terrorist attacks, including the 2000 bombing of the American destroyer Cole near Aden and an attack by suicide bombers on the French oil tanker Limburg near the port of Al Mukalla on Oct. 6, 2002. | Mr. Nashiri is facing death-penalty charges before the commission. He is accused of helping plan several maritime terrorist attacks, including the 2000 bombing of the American destroyer Cole near Aden and an attack by suicide bombers on the French oil tanker Limburg near the port of Al Mukalla on Oct. 6, 2002. |
| The conviction of Mr. Darbi represents a rare measure of progress for the commissions system. Both of the major cases brought under the Obama administration — the prosecution of Mr. Nashiri, who was arraigned in November 2011, and of five men accused in the Sept. 11, 2001, attacks, who were arraigned in May 2012 — remain mired in pretrial motion hearings. | The conviction of Mr. Darbi represents a rare measure of progress for the commissions system. Both of the major cases brought under the Obama administration — the prosecution of Mr. Nashiri, who was arraigned in November 2011, and of five men accused in the Sept. 11, 2001, attacks, who were arraigned in May 2012 — remain mired in pretrial motion hearings. |
| Since President George W. Bush created the commissions system in 2001, the only two convictions at trial were overturned on appeal. Mr. Darbi is the sixth detainee to plead guilty without a trial — giving up a right to appeal — in exchange for the prospect of a specific exit date from Guantánamo. Four of those six have departed. | Since President George W. Bush created the commissions system in 2001, the only two convictions at trial were overturned on appeal. Mr. Darbi is the sixth detainee to plead guilty without a trial — giving up a right to appeal — in exchange for the prospect of a specific exit date from Guantánamo. Four of those six have departed. |
| On Thursday, Mr. Darbi admitted that from 2000 until 2002 he helped plan and arrange for a Qaeda operation to sink one or more civilian petroleum tankers near the Strait of Hormuz, resulting in the attack on the Limburg. Yemeni suicide bombers rammed an explosives-laden boat into the ship, killing a Bulgarian crew member and wounding 12 other sailors. | On Thursday, Mr. Darbi admitted that from 2000 until 2002 he helped plan and arrange for a Qaeda operation to sink one or more civilian petroleum tankers near the Strait of Hormuz, resulting in the attack on the Limburg. Yemeni suicide bombers rammed an explosives-laden boat into the ship, killing a Bulgarian crew member and wounding 12 other sailors. |
| “Mr. al-Darbi has, importantly, accepted responsibility,” said Brig. Gen. Mark S. Martins, the chief military commissions prosecutor, said. “He is represented by a highly competent team of defense counsel. He has pledged to be law abiding and to cooperate fully and truthfully with authorities.” | “Mr. al-Darbi has, importantly, accepted responsibility,” said Brig. Gen. Mark S. Martins, the chief military commissions prosecutor, said. “He is represented by a highly competent team of defense counsel. He has pledged to be law abiding and to cooperate fully and truthfully with authorities.” |
| A video from the courtroom at Guantánamo was shown to reporters at Fort Meade. Mr. Darbi, a pudgy man with a short beard and long hair pulled into a ponytail, wore a white button-down shirt and a pistachio-colored tie that, according to a military spokesman, he had selected from a bag of ties of various colors and patterns. | A video from the courtroom at Guantánamo was shown to reporters at Fort Meade. Mr. Darbi, a pudgy man with a short beard and long hair pulled into a ponytail, wore a white button-down shirt and a pistachio-colored tie that, according to a military spokesman, he had selected from a bag of ties of various colors and patterns. |
| During the two-and-a-half-hour hearing, Mr. Darbi delivered short answers to the judge, Col. Mark Allred of the Air Force, affirming that he was voluntarily entering the plea and that he understood the consequences. | During the two-and-a-half-hour hearing, Mr. Darbi delivered short answers to the judge, Col. Mark Allred of the Air Force, affirming that he was voluntarily entering the plea and that he understood the consequences. |
| He admitted, among other offenses, that he had bought boats, Global Positioning System devices and a hydraulic crane in the United Arab Emirates for use in the operation and that he had handled money earmarked for it by Al Qaeda. | He admitted, among other offenses, that he had bought boats, Global Positioning System devices and a hydraulic crane in the United Arab Emirates for use in the operation and that he had handled money earmarked for it by Al Qaeda. |
| He said he had intended for civilians to be killed, in violation of the laws of war. | He said he had intended for civilians to be killed, in violation of the laws of war. |
| In a twist, Mr. Darbi was already at Guantánamo by the time the Limburg was attacked. He was arrested by the police in Azerbaijan in June 2002 — several months before the attack — according to a classified dossier that was leaked by Chelsea Manning, formerly known as Pfc. Bradley Manning. | In a twist, Mr. Darbi was already at Guantánamo by the time the Limburg was attacked. He was arrested by the police in Azerbaijan in June 2002 — several months before the attack — according to a classified dossier that was leaked by Chelsea Manning, formerly known as Pfc. Bradley Manning. |
| Mr. Darbi was transferred to American custody and arrived at Guantánamo in August 2002. | Mr. Darbi was transferred to American custody and arrived at Guantánamo in August 2002. |
| “Obviously you were not there, you were somewhere else,” Colonel Allred said. “But the actual perpetrators were there, and you are liable for their actions as a principal.” | “Obviously you were not there, you were somewhere else,” Colonel Allred said. “But the actual perpetrators were there, and you are liable for their actions as a principal.” |
| Mr. Darbi was represented by a military lawyer, Lt. Theresa Champ of the Navy, and a civilian one, Ramzi Kassem, a City University of New York law professor. | Mr. Darbi was represented by a military lawyer, Lt. Theresa Champ of the Navy, and a civilian one, Ramzi Kassem, a City University of New York law professor. |
| Had Mr. Darbi been convicted after trial, he could have been sentenced to life in prison. | Had Mr. Darbi been convicted after trial, he could have been sentenced to life in prison. |
| “What took place before the military commission today grants Mr. al Darbi a measure of certainty that his ordeal will end in the foreseeable future,” Mr. Kassem said. | “What took place before the military commission today grants Mr. al Darbi a measure of certainty that his ordeal will end in the foreseeable future,” Mr. Kassem said. |
| Mr. Darbi traded away an opportunity to argue that a French vessel in Yemen in 2002 was beyond the scope of the American armed conflict with Al Qaeda, and that if so, he could be prosecuted only in a civilian criminal trial, not an American military tribunal. Mr. Nashiri has challenged the war-crimes charges against him on similar grounds. | Mr. Darbi traded away an opportunity to argue that a French vessel in Yemen in 2002 was beyond the scope of the American armed conflict with Al Qaeda, and that if so, he could be prosecuted only in a civilian criminal trial, not an American military tribunal. Mr. Nashiri has challenged the war-crimes charges against him on similar grounds. |