Abd al-Rahim al-Nashiri

rdf:langString Abd al-Rahim al-Nashiri

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rdf:langString Abd al-Rahim Hussein Muhammed Abdu al-Nashiri

rdf:langString Mullah Bilal

rdf:langString InternetArchiveBot

rdf:langString Saudi Arabian

rdf:langString November 2016

rdf:langString yes

rdf:langString Robert M. Chesney

rdf:langString Still held in Guantanamo Bay pending trial

rdf:langString Eligibility for military detention, according to a now-substantial body of habeas case law, turns on the preponderance of the evidence standard, as applied to a substantive test inquiring whether the person was a member of al Qaeda at the time of capture. One can satisfy that standard consistent with a military commission acquittal.

rdf:langString Although a principle so basic to our system of laws should go without saying, we nonetheless feel compelled to restate it plainly here: criminal justice is a shared responsibility. Yet in this case, save for Al-Nashiri’s defense counsel, all elements of the military commission system—from the prosecution team to the Justice Department to the CMCR to the judge himself—failed to live up to that responsibility.

rdf:langString Abd al-Rahim Hussein Muhammed Abdu al-Nashiri (/ɑːbɪd ælrɑːˈhiːm ælnɑːˈʃiːriː/; Arabic: عبد الرحيم حسين محمد عبده النشري; born January 5, 1965) is a Saudi Arabian citizen alleged to be the mastermind of the bombing of USS Cole and other maritime attacks. He is alleged to have headed al-Qaeda operations in the Persian Gulf and the Gulf states prior to his capture in November 2002 by the CIA's Special Activities Division. Al-Nashiri was captured in Dubai in 2002 and held for four years in secret CIA prisons known as "black sites" in Afghanistan, Thailand, Poland, Morocco, and Romania, before being transferred to the Guantanamo Bay detention camp. While being interrogated, al-Nashiri was waterboarded, a technique since classified as torture. In 2005 the CIA destroyed the tapes of Nashiri's waterboarding. In another incident he was naked and hooded and threatened with a gun and a power drill to scare him into talking.Al-Nashiri was granted victim status in 2010 by the Polish government and a Polish prosecutor began "investigating the possible abuse of power by Polish public officials with regard to a CIA black site" in 2008. In December 2008, al-Nashiri was charged by the United States before a Guantanamo Military Commission. The charges were dropped in February 2009 and reinstated in 2011. As of 2011, al-Nashiri is on trial before a military tribunal in Guantanamo on charges of war crimes that carry the death penalty. As it is extremely unlikely he would be freed if found not guilty, his lawyers have called the proceeding a show trial. In April 2019, a three judge panel of the United States Court of Appeals for the District of Columbia Circuit vacated all orders issued by Air Force Colonel Vance Spath, the presiding military judge over al-Nashiri's case from November 2015, on the grounds that Spath had failed to properly disclose his ongoing employment negotiations with the Department of Justice to al-Nashiri.

rdf:langString Charges dropped in February 2009, reinstated in 2011

rdf:langString CIA black sites