Abd al-Rahim al-Nashiri
Encyclopedia
Abd al-Rahim al-Nashiri (born January 5, 1965) is a Saudi Arabian citizen alleged to be the mastermind of the USS Cole bombing
and other terrorist attacks, he allegedly 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
.
The CIA waterboarded Al-Nashiri, a gun was loaded during his interrogation and a power drill was held next to his head.
In December 2008, he was charged before a Guantanamo Military Commission
. The charges were dropped in February 2009 pending the Obama administration's review of all Guantánamo detentions.
Al-Nashiri is currently on trial before a military tribunal in Guantanamo on charges that carry the death penalty. His lawyers have called the proceeding a show trial
as al-Nashiri has no meaningful possibility to be freed if he is found not guilty.
, al-Nashiri travelled to Afghanistan
to participate in attacks against the Russians in the region. In 1996 he travelled to Tajikistan
and then Jalalabad, where he first met Osama bin Laden
. Bin Laden attempted to convince al-Nashiri to join al-Qaeda at this point, but he refused because he found the idea of swearing a loyalty oath
to bin Laden to be distasteful. Still, after al-Nashiri travelled to Yemen
, he began to consider committing terrorist actions against United States interests.
When he returned to Afghanistan in 1997, he again met bin Laden, but again declined to join in the terrorist group. Instead, he fought with the Taliban against the Afghan Northern Alliance. Still, he assisted in the smuggling of four anti-tank missiles into Saudi Arabia, and helped arrange for a terrorist to get a Yemeni passport. His cousin, Jihad Mohammad Ali al-Makki, was one of the suicide bombers in the 1998 U.S. embassy bombings in Kenya
.
as a part of the 2000 millennium attack plots
, but the boat he used was overloaded with explosives and began to sink.
The next alleged attempt, however, the USS Cole bombing
, was successful. 17 U.S. sailors were killed, and many more were injured. This alleged success brought him allegedly fame and respect within al-Qaeda, and al-Nashiri became allegedly the chief of operations for the Arabian Peninsula. He organized the Limburg tanker bombing in 2002, and he may have planned other attacks as well.
. He is currently in American military custody in the Guantanamo Bay detention camp, having previously been held at some secret location. On September 29, 2004, he was sentenced to death in absentia
in a Yemeni court for his role in the USS Cole bombing.
The U.S. military put al-Rahim al-Nashiri in prison at Guantanamo Bay, Cuba, the Pentagon said March 14, 2008. He was held by the CIA
for an undisclosed amount of time.
Through Freedom of Information Act requests the American Civil Liberties Union
was able to acquire less redacted versions of the transcripts from Abd al-Rahim al-Nashiri's Combatant Status Review Tribunal, and those of three other captives.
In his opening statement, al-Nashiri listed seven false confessions he had been coerced to make while being waterboarded.
During the course of his tribunal he claimed additional confessions he had made, while being tortured. He was ostensibly the last of the al-Qaeda
suspects to be videotaped, as he was waterboard
ed in Thailand by CIA officers who questioned him. Shortly after, when a prisoner died in CIA custody in Iraq, it was decided that all such interrogations would not be videotaped, as it provided criminal "evidence". All the tapes showing detainees being waterboarded
were destroyed in 2005.
It was reported on August 22, 2009, that al-Nashiri was the subject of what is described as a mock execution
during his torture by the CIA. A power drill and a handgun
were used.
In May 2011 al-Nashiri's lawyers filed a case against Poland with the European Court of Human Rights
. Al-Nashiri was held and allegedly tortured in a secret CIA "black site
" prison "north of Warsaw
" (OSAW
) from December 2002 to June 2003.
in the Guantanamo Bay detention camp.
The decision lies with the Convening authority
, retired Admiral Bruce MacDonald
.
In April 2011 the Department of Defense allowed Richard Kammen, a civilian lawyer with a background in defending suspects against death penalty cases, is allowed to join Al Nashiri's defense team.
Al Nashiri became the first Guantanamo captive to face the death penalty.
Stephen Reyes filed legal motion requesting that jurors in his case be informed that he can continue to be detained in Guantanamo, even if he was acquitted of all charges.
Al Nashiri's formal charges are scheduled to be announced at the Tribunal on November 9, 2011.
Legal scholar Robert Chesney
, of Lawfare
, speculated Al Nashiri would be detained, if acquitted, for at least several more years.
Chesney argued that it would not be unjust to continue to detain Al Nashiri, even if he were acquitted, because conviction requires a higher standard of evidence than a habeas corpus petition.
USS Cole bombing
The USS Cole Bombing, or the USS Cole Incident, was a suicide attack against the United States Navy destroyer on October 12, 2000 while it was harbored and refueled in the Yemeni port of Aden. Seventeen American sailors were killed, and 39 were injured...
and other terrorist attacks, he allegedly 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
Special Activities Division
The Special Activities Division is a division in the United States Central Intelligence Agency's National Clandestine Service responsible for covert operations known as "special activities"...
.
The CIA waterboarded Al-Nashiri, a gun was loaded during his interrogation and a power drill was held next to his head.
In December 2008, he was charged before a Guantanamo Military Commission
Guantanamo military commission
The Guantanamo military commissions are military tribunals created by the Military Commissions Act of 2006 for prosecuting detainees held in the United States Guantanamo Bay detainment camps.- History :...
. The charges were dropped in February 2009 pending the Obama administration's review of all Guantánamo detentions.
Al-Nashiri is currently on trial before a military tribunal in Guantanamo on charges that carry the death penalty. His lawyers have called the proceeding a show trial
Show trial
The term show trial is a pejorative description of a type of highly public trial in which there is a strong connotation that the judicial authorities have already determined the guilt of the defendant. The actual trial has as its only goal to present the accusation and the verdict to the public as...
as al-Nashiri has no meaningful possibility to be freed if he is found not guilty.
Background
Born in Saudi ArabiaSaudi Arabia
The Kingdom of Saudi Arabia , commonly known in British English as Saudi Arabia and in Arabic as as-Sa‘ūdiyyah , is the largest state in Western Asia by land area, constituting the bulk of the Arabian Peninsula, and the second-largest in the Arab World...
, al-Nashiri travelled to Afghanistan
Afghanistan
Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...
to participate in attacks against the Russians in the region. In 1996 he travelled to Tajikistan
Tajikistan
Tajikistan , officially the Republic of Tajikistan , is a mountainous landlocked country in Central Asia. Afghanistan borders it to the south, Uzbekistan to the west, Kyrgyzstan to the north, and China to the east....
and then Jalalabad, where he first met Osama bin Laden
Osama bin Laden
Osama bin Mohammed bin Awad bin Laden was the founder of the militant Islamist organization Al-Qaeda, the jihadist organization responsible for the September 11 attacks on the United States and numerous other mass-casualty attacks against civilian and military targets...
. Bin Laden attempted to convince al-Nashiri to join al-Qaeda at this point, but he refused because he found the idea of swearing a loyalty oath
Loyalty oath
A loyalty oath is an oath of loyalty to an organization, institution, or state of which an individual is a member.In this context, a loyalty oath is distinct from pledge or oath of allegiance...
to bin Laden to be distasteful. Still, after al-Nashiri travelled to Yemen
Yemen
The Republic of Yemen , commonly known as Yemen , is a country located in the Middle East, occupying the southwestern to southern end of the Arabian Peninsula. It is bordered by Saudi Arabia to the north, the Red Sea to the west, and Oman to the east....
, he began to consider committing terrorist actions against United States interests.
When he returned to Afghanistan in 1997, he again met bin Laden, but again declined to join in the terrorist group. Instead, he fought with the Taliban against the Afghan Northern Alliance. Still, he assisted in the smuggling of four anti-tank missiles into Saudi Arabia, and helped arrange for a terrorist to get a Yemeni passport. His cousin, Jihad Mohammad Ali al-Makki, was one of the suicide bombers in the 1998 U.S. embassy bombings in Kenya
Kenya
Kenya , officially known as the Republic of Kenya, is a country in East Africa that lies on the equator, with the Indian Ocean to its south-east...
.
Allegedly joined al-Qaeda
Finally, probably in 1998, al-Nashiri allegedly joined al-Qaeda, allegedly reporting directly to bin Laden. In late 1998, he allegedly conceived of a plot to attack a U.S. vessel using a boat full of explosives. Bin Laden allegedly personally approved of the plan, and allegedly provided money for it. First, al-Nashiri allegedly attempted to attack the USS The SullivansUSS The Sullivans (DDG-68)
USS The Sullivans , an Arleigh Burke-class "Aegis" guided missile destroyer, is the second ship of the United States Navy to be named for the five Sullivan brothers — George, Francis, Joseph, Madison, and Albert Sullivan, aged 20 to 27 — who lost their lives when their ship, USS...
as a part of the 2000 millennium attack plots
2000 millennium attack plots
The Year 2000 attack plots were terrorist attacks planned to occur on or near January 1, 2000: the bombing of four sites in Jordan, the bombing of Los Angeles International Airport , and the bombing of the USS The Sullivans. The first two plots were foiled by law enforcement agencies; the third was...
, but the boat he used was overloaded with explosives and began to sink.
The next alleged attempt, however, the USS Cole bombing
USS Cole bombing
The USS Cole Bombing, or the USS Cole Incident, was a suicide attack against the United States Navy destroyer on October 12, 2000 while it was harbored and refueled in the Yemeni port of Aden. Seventeen American sailors were killed, and 39 were injured...
, was successful. 17 U.S. sailors were killed, and many more were injured. This alleged success brought him allegedly fame and respect within al-Qaeda, and al-Nashiri became allegedly the chief of operations for the Arabian Peninsula. He organized the Limburg tanker bombing in 2002, and he may have planned other attacks as well.
Arrest
In November 2002, al-Nashiri was captured in the United Arab EmiratesUnited Arab Emirates
The United Arab Emirates, abbreviated as the UAE, or shortened to "the Emirates", is a state situated in the southeast of the Arabian Peninsula in Western Asia on the Persian Gulf, bordering Oman, and Saudi Arabia, and sharing sea borders with Iraq, Kuwait, Bahrain, Qatar, and Iran.The UAE is a...
. He is currently in American military custody in the Guantanamo Bay detention camp, having previously been held at some secret location. On September 29, 2004, he was sentenced to death in absentia
In absentia
In absentia is Latin for "in the absence". In legal use, it usually means a trial at which the defendant is not physically present. The phrase is not ordinarily a mere observation, but suggests recognition of violation to a defendant's right to be present in court proceedings in a criminal trial.In...
in a Yemeni court for his role in the USS Cole bombing.
The U.S. military put al-Rahim al-Nashiri in prison at Guantanamo Bay, Cuba, the Pentagon said March 14, 2008. He was held by the CIA
Central Intelligence Agency
The Central Intelligence Agency is a civilian intelligence agency of the United States government. It is an executive agency and reports directly to the Director of National Intelligence, responsible for providing national security intelligence assessment to senior United States policymakers...
for an undisclosed amount of time.
Interrogation
Abd al-Rahim attributed his confessions of involvement in the USS Cole bombing to torture. All the details Abd al-Rahim offered of his claims of torture were redacted from his transcript.Through Freedom of Information Act requests the American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
was able to acquire less redacted versions of the transcripts from Abd al-Rahim al-Nashiri's Combatant Status Review Tribunal, and those of three other captives.
In his opening statement, al-Nashiri listed seven false confessions he had been coerced to make while being waterboarded.
- The French Merchant Vessel Limburg incident.
- The USS Cole bombingUSS Cole bombingThe USS Cole Bombing, or the USS Cole Incident, was a suicide attack against the United States Navy destroyer on October 12, 2000 while it was harbored and refueled in the Yemeni port of Aden. Seventeen American sailors were killed, and 39 were injured...
. - The rockets in Saudi Arabia.
- The plan to bomb American ships in the gulf.
- Relationship with people committing bombings in Saudi Arabia.
- Osama Bin Laden having a nuclear bomb.
- A plan to hijack a plane and crash it into a ship.
During the course of his tribunal he claimed additional confessions he had made, while being tortured. He was ostensibly the last of the al-Qaeda
Al-Qaeda
Al-Qaeda is a global broad-based militant Islamist terrorist organization founded by Osama bin Laden sometime between August 1988 and late 1989. It operates as a network comprising both a multinational, stateless army and a radical Sunni Muslim movement calling for global Jihad...
suspects to be videotaped, as he was waterboard
Waterboard
Waterboard may refer to:* Water board, an organisation charged with the supply of water and care of water levels* Waterboarding, a form of torture consisting of immobilizing the victim and pouring water over the face and into the breathing passages...
ed in Thailand by CIA officers who questioned him. Shortly after, when a prisoner died in CIA custody in Iraq, it was decided that all such interrogations would not be videotaped, as it provided criminal "evidence". All the tapes showing detainees being waterboarded
2005 CIA interrogation tapes destruction
The CIA interrogation tapes destruction occurred on November 9, 2005. The videotapes were made by the United States Central Intelligence Agency during interrogations of Al-Qaeda suspects Abu Zubaydah and Abd al-Rahim al-Nashiri in 2002 at a CIA black site prison in Thailand.. 90 tapes were made of...
were destroyed in 2005.
It was reported on August 22, 2009, that al-Nashiri was the subject of what is described as a mock execution
Mock execution
A mock execution is a stratagem in which a victim is deliberately but falsely made to feel that his execution or that of another person is imminent or is taking place. It may be staged for an audience or a subject who is made to believe that he is being led to his own execution...
during his torture by the CIA. A power drill and a handgun
Handgun
A handgun is a firearm designed to be held and operated by one hand. This characteristic differentiates handguns as a general class of firearms from long guns such as rifles and shotguns ....
were used.
In May 2011 al-Nashiri's lawyers filed a case against Poland with the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
. Al-Nashiri was held and allegedly tortured in a secret CIA "black site
Black site
In military terminology, a black site is a location at which an unacknowledged black project is conducted. Recently, the term has gained notoriety in describing secret prisons operated by the United States Central Intelligence Agency , generally outside of U.S. territory and legal jurisdiction. It...
" prison "north of Warsaw
Warsaw
Warsaw is the capital and largest city of Poland. It is located on the Vistula River, roughly from the Baltic Sea and from the Carpathian Mountains. Its population in 2010 was estimated at 1,716,855 residents with a greater metropolitan area of 2,631,902 residents, making Warsaw the 10th most...
" (OSAW
Stare Kiejkuty (base)
On the territory village of Stare Kiejkuty, Poland, is a restricted military area that is the seat of Jednostka Wojskowa 2669 , Ośrodek Szkolenia Agencji Wywiadu " Since 2005 it has attracted scrutiny as being a black site involved in the CIA's program of extraordinary...
) from December 2002 to June 2003.
USA v. Al Nashiri
Al Nashiri is currently on trial before a Guantanamo military commissionGuantanamo military commission
The Guantanamo military commissions are military tribunals created by the Military Commissions Act of 2006 for prosecuting detainees held in the United States Guantanamo Bay detainment camps.- History :...
in the Guantanamo Bay detention camp.
Order overruled
On January 29, 2009, an order from Obama's new White House administration to suspend all Guantanamo military commission hearings for 120 days was overruled by military judge Army Colonel James Pohl in al-Nashiri's case.Death penalty
The prosecution planned to request the death penalty for Al Nashiri.The decision lies with the Convening authority
Convening Authority
The term convening authority is used in United States military law to refer to an individual whose job includes appointing officers to play a role in a court-martial, or similar military tribunal or military commission...
, retired Admiral Bruce MacDonald
Bruce E. MacDonald
Bruce E. MacDonald is a retired United States Navy vice admiral who last served as the 40th Judge Advocate General of the Navy from July 2006 to August 2009. Prior to that, MacDonald served as the Navy's Deputy Judge Advocate General from November 2004 to July 2006...
.
In April 2011 the Department of Defense allowed Richard Kammen, a civilian lawyer with a background in defending suspects against death penalty cases, is allowed to join Al Nashiri's defense team.
Al Nashiri became the first Guantanamo captive to face the death penalty.
Request to end the prosecution
In a letter in July 2011, al-Nashiri's legal team said:Questioning whether Al Nashiri will continue to be detained if he is acquitted
On October 24 2011 Lieutenant CommanderLieutenant Commander
Lieutenant Commander is a commissioned officer rank in many navies. The rank is superior to a lieutenant and subordinate to a commander...
Stephen Reyes filed legal motion requesting that jurors in his case be informed that he can continue to be detained in Guantanamo, even if he was acquitted of all charges.
Al Nashiri's formal charges are scheduled to be announced at the Tribunal on November 9, 2011.
Legal scholar Robert Chesney
Robert Chesney
Robert Chesney may refer to:*Robert M. Chesney, counter-terrorism expert and law professor at The University of Texas School of Law*Robert de Chesney, 12th Century Bishop of Lincoln...
, of Lawfare
Lawfare
Lawfare is a recently coined word not yet appearing in the Oxford English Dictionary, a portmanteau of the words 'law' and 'warfare', said to describe a form of asymmetric warfare...
, speculated Al Nashiri would be detained, if acquitted, for at least several more years.
Chesney argued that it would not be unjust to continue to detain Al Nashiri, even if he were acquitted, because conviction requires a higher standard of evidence than a habeas corpus petition.
External links
- Al-Nashiri case may be dismissed over torture claims April 22, 2011
- Polish prosecutors to investigate CIA black site torture allegations Deutsche Welle, October 8, 2010
- Poland nudged to investigate acts in CIA prison September 22, 2010
- AP Sources: Former FBI Man Implicated In CIA Abuse September 7, 2010
- CIA interrogated al-Qaeda suspect in Poland, claims UN The News, January 28, 2010
- The Final 9/11 Commission Report
- al-Nashiri says torture prompted confession to USS Cole bombing March 30, 2007
- Probe of USS Cole Bombing Unravels Washington Post May 4, 2008
- Riz Khan - Secret CIA prisons- Al Jazeera English report about the case of al-Nashiri (video, 22 mins)