Guantanamo detainee to be arraigned today
GUANTANAMO BAY NAVAL BASE, Cuba - Salim Ahmed Hamdan says he earned a pittance for his family as Osama bin Laden's driver prior to the Sept. 11 attack. But U.S. officials allege he did more, serving as the al-Qaida leader's bodyguard and delivering weapons to his operatives.
The 34-year-old Yemeni and Guantanamo terror suspect is to be arraigned today before a U.S. military commission that allows for secret evidence and no federal appeals, the first person to go before such a tribunal since World War II.
"This process goes against everything that we fought for in the history of the United States," said Lt. Cmdr. Charlie Swift, Hamdan's attorney who is likely to challenge the government's classification of his client as an enemy combatant. Hamdan denies supporting terrorism.
Depending upon what Swift has up his sleeve or what surprises the prosecutors hold, Hamdan could choose not to enter a plea and his attorney could ask for more time to prepare. It is also possible Swift will question whether the five-member commission panel's presiding officer, U.S. Army Col. Peter Brownback, has the capacity to judge the proceedings fairly.
The Pentagon, in a charge sheet, alleged Hamdan, who is also known as Saqr al Jaddawi, was a bodyguard and personal driver for bin Laden between February 1996 and Nov. 24, 2001.
The Pentagon also alleged that he transported weapons to al-Qaida operatives, trained at an al-Qaida camp and drove in convoys that carried bin Laden. It does not say he took part in any specific acts of violence or participated in the operational planning of any attacks.
With a fourth-grade education and few skills to interpret legal minutia, Hamdan doesn't understand why he's being charged as anything but a civilian, Swift says. Hamden has said he earned a pittance by driving bin Laden before the Sept. 11 attacks, but he denies supporting terrorism.
Yemeni security officials, speaking on condition of anonymity, said Hamdan joined a Yemeni branch of the Egyptian militant group Islamic Jihad before al-Qaida was formed. A faction of Egyptian Islamic Jihad is allegedly led by bin Laden's chief aide, Ayman al-Zawahri, and merged with organizations led by bin Laden and others to form al-Qaida in 1998.
Security officials said Hamdan was not a senior member of Islamic Jihad and he left Yemen for Afghanistan before the Sept. 11 terror attacks.
Representatives from Amnesty International, the American Civil Liberties Union, Human Rights Watch, Human Rights First and the American Bar Association were offered seats as observers for the pretrial hearings, but military officials have refused to let them tour the prison.
The five groups said they will watch the hearings and will try to keep a representative present for all of the commission proceedings.
The International Committee of the Red Cross said it was weighing whether to send an observer to the commission hearings.
The Geneva-based group has been the only independent organization to have access to the 585 prisoners at the U.S. base accused of links to Afghanistan's ousted Taliban or the al-Qaida terror network.
Rules of evidence used in U.S. courts and courts-martial will not apply in the commissions. Some groups have argued that the broad parameters allow the use of evidence obtained during interrogations. Some men released from Guantanamo said they gave false confessions after prolonged detentions and interrogations lasting from two to 14 hours.
