Published: 7:14AM Friday July 17, 2009
Source: Reuters
Source: ReutersSketch of alleged Sept 11 plotters Ali Abdul Aziz Ali (L) and Mustafa al Hawsawi
The five men accused of the September 11 attacks on the United
States disrupted and delayed the Guantanamo war court on Friday
when they refused to leave their cells for a hearing at the remote
US military base in Cuba where they are held.
The boycott bogged down proceedings at the controversial court at
Guantanamo Bay, where Khalid Sheikh Mohammed, Ramzi Binalshibh, Ali
Abdul Aziz Ali, Walid bin Attash and Mustafa Ahmed al-Hawsawi are
accused of murder and conspiracy in the 2001 attacks using hijacked
passenger airliners.
Prosecutions at the first US war crimes tribunals since World War
Two were halted by President Barack Obama soon after his
inauguration in January but the military judges continue to hold
hearings on legal motions in case the trials are revived.
Friday's hearing dealt with the mental competency of Binalshibh and
al-Hawsawi.
The boycott stalled proceedings for more than two hours before bin
Attash, al-Hawsawi and Aziz Ali finally were brought to the
high-security courtroom from the secret camp where they are
imprisoned. But al-Hawsawi soon demanded to leave after complaining
he would not be allowed to speak.
Then bin Attash, given five minutes to address the court,
complained that the presiding judge, Army Colonel Steven Henley,
had not responded to letters the five men had written to him "a
long time ago."
"If you don't have enough patience to take this case, just give it
to a different judge," bin Attash said. "We view the judge and
prosecution as one person. There's no difference."
Mohammed and Aziz Ali, both Pakistanis, al-Hawsawi, a Saudi, and
Binalshibh and bin Attash, both Yemenis, could face the death
penalty if convicted of murder, conspiracy, terrorism and other
charges.
Binalshibh's lawyer, Navy Commander Suzanne Lachelier, asked the
court to allow a defense consultant to examine CT scans of her
client's brain and perform further tests, including possibly an
MRI, to "determine whether any lesions in his brain affect his
cognitive functioning."
Lachelier said Binalshibh has been diagnosed with "delusional
disorder." Defense court filings said he had a mental disease for
which doctors prescribed psychotropic drugs used to treat
schizophrenia or bipolar disorder.
Court censorship
A court censor cut off Lachelier when she began talking about
Binalshibh's complaints that he had been subjected to sleep
deprivation, which critics have derided as an abusive technique
used to soften prisoners for interrogation.
"The government can't hide the fact that they used sleep
deprivation," Lachelier said before the audio feed to observers and
reporters outside the courtroom was cut off.
The audio is on a 40-second delay that allows a court security
officer to hit a button to block material believed to be
classified.
Prosecutor Clayton Trivett later said Binalshibh's complaints of
sleep deprivation could be explained by the diagnosis that he
suffers from delusions.
Binalshibh has accused guards of pumping foul smells and loud
noises into his cell and "vibrating his bed" to keep him awake,
Trivett said.
"The government's position is that it's not happening and it's
never been happening," Trivett said.
Relatives of some of the victims of the September 11 attacks on
New York and Washington sat in a viewing area in the courtroom.
Judith Reiss of Yardley, Pennsylvania, had pinned to her blouse a
picture of her son, Joshua, a bond trader at Cantor Fitzgerald who
was killed in the World Trade Center.
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