In Gitmo's Legal Otherworld, 9/11 Trial Defendants Cry Torture

By Andy Worthington, Andy Worthington's Blog. Posted June 9, 2008.

Finally, almost seven years after the horrendous attacks of September 11, 2001, the arraignments of five prisoners allegedly responsible for orchestrating and facilitating the attacks took place at Guantánamo on June 5.

Sixty reporters from around the world were in attendance, as Khalid Sheikh Mohammed, Ramzi bin al-Shibh, Mustafa al-Hawsawi, Ali Abdul Aziz Ali and Walid bin Attash emerged from the shadows in which they have been held for the last five to six years.

Although all five were transferred to Guantánamo in September 2006, they were previously held in secret prisons run by the CIA -- apparently in locations as diverse as Thailand and Eastern Europe -- where they were subjected to what the administration euphemistically refers to as "enhanced interrogation techniques." As these techniques include waterboarding, an ancient method of torture that involves controlled drowning, to which at least one of these men -- Khalid Sheikh Mohammed -- was subjected, it was unsurprising that both Mohammed and Ali Abdul Aziz Ali made a point of mentioning that they were tortured.

According to the reporters who attended the arraignment, Mohammed -- often identified simply as KSM, who admitted during his tribunal at Guantánamo last year that he was "responsible for the 9/11 operation, from A to Z" -- effortlessly assumed a position of leadership within the group, as the men, who had all been held in total isolation for years before the arraignment, "laughed and chatted like old chums," according to the Los Angeles Times.

Clearly baiting the judge, Marine Col. Ralph Kohlmann, KSM responded to a statement by Col. Kohlmann, who interrupted a session of chanting to remind him that he "was told what he can and can't say," by replying, "I know I can't cross that red line. I know I can't talk about torture," as ABC News described it. At another point in the ten-hour hearing, KSM called the proceedings "an inquisition, not a trial," and added, pointedly, "After five years of torturing … you transfer us to Inquisition Land in Guantánamo." At yet another point, as London's Times described it, he "accused the authorities of extracting his confession by force," saying, "All of this has been taken under torturing. You know that very well."

KSM's nephew, Ali Abdul Aziz Ali, who is accused of helping facilitate the attacks by transferring money to the 9/11 hijackers, also spoke about torture, while simultaneously mocking the proceedings. Speaking fluent English, he responded to Col. Kohlmann's assurance of his right to legal assistance by stating, "Everything that has happened here is unfair and unjust." He added, referring specifically to the offer of free legal representation, "Since the first time I was arrested, I might have appreciated that. The government is talking about lawyers free of charge. The government also tortured me free of charge all these years."

See more stories tagged with: 9/11, war on terror, military commissions act, khalid sheikh mohammed, september 11, waterboarding, military commissions, guantánamo, ramzi bin al-shibh, mustafa al-hawsawi, ali abdul aziz ali, walid bin attash, jane mayer, dan coleman

Andy Worthington is a writer and historian, and author of The Guantánamo Files.

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