March 9-April 28, 2007: Combat Status of High Value Detainees Is Reviewed in Guantanamo Prison
Combat Status Review Tribunal hearings are held for fourteen high-value detainees who have been moved to Guantanamo Bay and are being held there by the US military (see Shortly Before September 6, 2006). The purpose of the hearings is to check that the detainees are properly designated as “enemy combatants.” Transcripts of the unclassified part of the hearings are released to the media, but no journalists are allowed to attend the hearings, and no photographs of the prisoners are released. However, Senator Carl Levin (D) and former Senator Bob Graham (D) view Khalid’s Shaikh Mohammed’s confession on closed circuit television in Guantanamo Bay (see March 10, 2007).

  • Alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM) admits to being involved in dozens of terror plots and attempts to morally justify his actions (see March 10, 2007), causing a good deal of interest in the media (see March 15-23, 2007 and Shortly After).
  • Mustafa Ahmad al-Hawsawi says he is not an al-Qaeda member. However, he admits receiving military training from al-Qaeda, and helping some of the 9/11 hijackers, as well as knowing Osama bin Laden, Ayman Al-Zawahiri, Ramzi bin al-Shibh, and KSM (see March 21, 2007).
  • Hambali is accused of being a leader of al-Qaeda affiliate Jemaah Islamiyah (JI) and being involved in several bomb plots in Southeast Asia. He submits a wide-ranging written statement and denies all involvement in terrorist acts, saying he resigned from JI in 2000. [US department of Defense, 4/4/2007 pdf file]
  • Khallad bin Attash is accused of being involved in the attacks on US embassies in East Africa and the USS Cole. He says that the details of his participation in the attacks, as presented in the evidence, are incorrect, but admits being involved in the attacks. [US department of Defense, 3/12/2007 pdf file]
  • Ali Abdul Aziz Ali (a.k.a. Ammar al-Baluchi) admits sending hijacker Marwan Alshehhi some money, but says he knew nothing of the plot, denies being an “enemy combatant,” and says he has provided “vital information” to the US (see March 30, 2007).
  • Ramzi bin al-Shibh refuses to attend the hearing, or talk to his personal representative and translator, so only the summary of unclassified evidence is read out at the hearing. He is accused of knowing three of the hijacker pilots and facilitating the plot, as well as helping Zacarias Moussaoui and being captured at an al-Qaeda safehouse. [US department of Defense, 3/9/2007 pdf file]
  • Abd al-Rahim al-Nashiri is accused of involvement in the African embassy and USS Cole bombings, but claims that he was tortured into confessing details of plots he invented (see March 10-April 15, 2007). However, he admits knowing Osama bin Laden and several other militants, as well as receiving up to $500,000 from bin Laden and distributing it to associates, some of whom used the money to get married and some of whom used it “to do other stuff.” He admits knowing the people involved in the USS Cole attack, such as al-Qaeda commander Khallad bin Attash, who he describes as a “regular guy who was jihadist,” and he admits buying the boat used in the attack and some explosives in Yemen using money provided by bin Laden. [US department of Defense, 3/14/2007 pdf file]
  • Abu Zubaida is accused of heading the Khalden and Darunta training camps in Afghanistan, and admits heading Khalden, but denies actually being a member of al-Qaeda (see March 27, 2007) and complains of torture (see March 10-April 15, 2007).
  • Ahmed Khalfan Ghailani is accused of being involved in the 1998 embassy bombings (see August 7, 1998), for which he was indicted in the US. He admits being present when one of the bomb trucks was purchased and traveling in a scouting vehicle, but not to the embassy; and he admits buying the explosives, but argues another team member “could have gotten it himself, but he sent me to get it and bring it to him.” He also says he was told the explosives were for “mining diamonds.” He admits working with al-Qaeda, but denies actually being a member. He concludes by saying he “would like to apologize to the United States Government for what I did before… it was without my knowledge what they were doing but I helped them.” [US Department of Defense, 3/17/2007 pdf file]
  • Majid Khan, who is alleged to have facilitated travel for extremists and to have planned an attack inside the US, attends the hearing, but says he “would rather have a fair trial… than a tribunal process.” He also denies the charges, complains of being tortured in US custody (see March 10-April 15, 2007), and submits favorable testimony from witnesses. For example, one witness claims he was forced to make a false statement saying that Khan wanted to participate in a suicide operation against Pakistani President Musharraf by the FBI, which threatened to transfer him to Guantanamo Bay. Khan also points out that he helped the FBI catch an illegal immigrant and says he will take a lie detector test. [US department of Defense, 4/15/2007 pdf file]
  • Abu Faraj al-Libbi, who was accused of running an al-Qaeda guest house in Afghanistan, running a communications hub, and facilitating travel for militant trainees, elects not to participate in his hearing, as, according to his personal representative, “his freedom is far too important to be decided by an administrative process and [he] is waiting for legal proceedings.” [US department of Defense, 3/9/2007 pdf file]
  • Mohamed Farik Amin is accused of being involved with the al-Qaeda affiliate Jemaah Islamiyah and of helping finance attacks by it. He attends the hearing, but does not say anything. [US department of Defense, 3/13/2007 pdf file]
  • Mohammed Nazir Bin Lep (a.k.a. Lillie) does not to attend the hearing and is represented by his personal representative. He is accused of facilitating the transfer of funds for attacks in Southeast Asia, being an associate of Hambali, and having suspicious materials in the apartment where he was arrested. He says he has “nothing to do with JI” and that “it is true I facilitated the movement of money for Hambali, but I did not know what it was going to be used for.” He also points out, “it is not against the law in Thailand to have an M-16 in your apartment.” [US Department of Defense, 3/20/2007 pdf file]
  • Gouled Hassan Dourad is accused of heading an al-Qaeda cell in Djibouti and of participating in operations by Al-Ittihad al-Islami in Somalia, but decides not to attend the hearing. He denies the specific allegations, but acknowledges fighting Ethiopians, which he says is his “right.” [US Department of Defense, 4/28/2007]
March 10, 2007: KSM Admits to Long List of Plots, Defends Actions at Military Hearing
Khalid Shaikh Mohammed (KSM) attends his combat status review tribunal at Guantanamo Bay (see March 9-April 28, 2007), where he admits participating in the 9/11 attacks and numerous other plots, and offers a defense of his actions. He claims responsibility or co-responsibility for a list of 31 plots, including:
  • The 1993 World Trade Center bombing (see February 26, 1993);
  • The 9/11 operation: “I was responsible for the 9/11 operation from A to Z;”
  • The murder of Daniel Pearl (see January 31, 2002): “I decapitated with my blessed right hand the head of the American Jew, Daniel Pearl;”
  • The shoe bombing operation (see December 22, 2001);
  • The Bali nightclub bombing (see October 12, 2002);
  • A series of ship-bombing operations (see Mid-1996-September 11, 2001 and June 2001);
  • Failed plots to assassinate several former US presidents;
  • Planned attacks on bridges in New York;
  • Various other failed attacks in the US, UK, Israel, Indonesia, Australia, Japan, Azerbaijan, the Philippines, India, South Korea, and Turkey;
  • The planned destruction of an El-Al flight in Bangkok;
  • The Bojinka plot (see January 6, 1995), and assassination plans for President Clinton (see September 18-November 14, 1994) and the Pope (see September 1998-January 1999); and
  • Planned attacks on the Library Tower in California, the Sears Tower in Chicago, the Empire State Building in New York, and the “Plaza Bank” in Washington State. [US Department of Defense, 3/10/2007 pdf file] However, the Plaza Bank was not founded until 2006, three years after KSM was captured. The bank’s president comments: “We’re confused as to how we got on that list. We’ve had a little bit of fun with it over here.” [Seattle Post-Intelligencer, 3/15/2007]
On the other hand, KSM denies receiving funds from Kuwait or ever heading al-Qaeda’s military committee; he says this was a reporting error by Yosri Fouda, who interviewed him in 2002 (see April, June, or August 2002). In addition, he claims he was tortured, his children were abused in detention, and that he lied to his interrogators (see June 16, 2004). He also complains that the tribunal system is unfair and that many people who are not “enemy combatants” are being held in Guantanamo Bay. For example, a team sent by a Sunni government to assassinate bin Laden was captured by the Taliban, then by the US, and is being held in Guantanamo Bay. He says that his membership of al-Qaeda is related to the Bojinka operation, but that even after he became involved with al-Qaeda he continued to work with another organization, which he calls the “Mujaheddin,” was based in Pakistan, and for which he says he killed Daniel Pearl. [US Department of Defense, 3/10/2007 pdf file] (Note: KSM’s cousin Ramzi Yousef was involved with the militant Pakistani organization Sipah-e-Sahaba). [Reeve, 1999, pp. 50, 54, 67] He goes on to compare radical Islamists fighting to free the Middle East from US influence to George Washington, hero of the American War of Independence, and says the US is oppressing Muslims in the same way the British are alleged by some to have oppressed Americans. Regarding the fatalities on 9/11, he says, “I’m not happy that three thousand been killed in America. I feel sorry even. I don’t like to kill children and the kids.” Although Islam prohibits killing, KSM argues that there is an exception because “you are killing people in Iraq… Same language you use, I use… The language of war is victims.” [US Department of Defense, 3/10/2007 pdf file] The hearing is watched from an adjoining room on closed circuit television by Senator Carl Levin (D) and former Senator Bob Graham (D). [US Congress, 3/10/2007] KSM’s confession arouses a great deal of interest in the media, which is skeptical of it (see March 15-23, 2007 and Shortly After).

March 10-April 15, 2007: High Value Detainees Complain of Torture at Guantanamo Bay Hearings
At hearings in Guantanamo Bay in spring 2007 to determine whether they are “enemy combatants” (see March 9-April 28, 2007), several alleged top al-Qaeda leaders complain of being tortured in US custody:
  • Alleged al-Qaeda logistics manager Abu Zubaida says he is ill in Guantanamo Bay and has had around 40 seizures that temporarily affect his ability to speak and write properly, as well as his memory; apparently they are originally the result of a 1992 injury from which he still has shrapnel in his head. He says that the seizures are brought on by broken promises to return his diary, which he describes as “another form of torture,” as he is emotionally attached to it. He also says he was tortured after being captured (see May 2002), when he was “half die”, due to a gunshot wound received when he was taken, and that he lied under torture. However, the passage in which he describes his treatment at this time is redacted. He has many other injuries, has lost a testicle, and also complains the Guantanamo authorities refuse to give him socks for his cold feet. He has to use his prayer hat to keep his feet warm and does so during the hearing. [US Department of Defense, 3/27/2007 pdf file]
  • 9/11 mastermind Khalid Shaikh Mohammed remarks that, “I know American people are torturing us from seventies.” However, the next section of the transcript is redacted. He also says his children were abused in US custody. [US Department of Defense, 3/10/2007 pdf file]
  • Alleged travel facilitator Majid Khan submits a 12-page “written statement of torture.” Khan’s father also gives an account of the torture he says his son was subjected to: he was tied tightly to a chair in stress positions; hooded, which caused him difficulty breathing; beaten repeatedly; deprived of sleep; and kept in a mosquito-infested cell too small for him to lie down in. His father also says Khalid Shaikh Mohammed’s children, aged about 6 and 8, were held in the same building and were tortured by having insects placed on their legs to make them disclose their father’s location. [US department of Defense, 4/15/2007 pdf file]
  • Alleged al-Qaeda manager Abd al-Rahim al-Nashiri says he was tortured into confessing the details of plots he invented. He claims that “he was tortured into confession and once he made a confession his captors were happy and they stopped torturing him… [and] he made up stories during the torture in order to get it to stop.” Many of the details of the torture are redacted, but he says in one unredacted comment, “One time they tortured me one way and another time they tortured me in a different way.” [US department of Defense, 3/14/2007 pdf file]
Eugene Fidell, president of the National Institute of Military Justice, says that the claims of torture could undermine the legitimacy of future military commissions: “Someone has got to get to the bottom of these allegations… If there is something there, they are going to need to address it.” The Pentagon promises to investigate the allegations, but Amnesty International comments, “Given the Bush administration record so far on these matters, it strains credulity that any such investigation would be anything other than substandard, or [that] those responsible would be held accountable.” [Los Angeles Times, 3/31/2007]

March 15-23, 2007 and Shortly After: Media and Terrorism Analysts Respond to KSM Confession with Scepticism
Khalid Shaikh Mohammed’s (KSM) confession at a Guantanamo Bay hearing (see March 10, 2007), becomes, as Time puts it, “a focus of cable TV and other media coverage, a reminder of America’s ongoing battle against international terrorism.” [Time, 3/15/2007] However, terrorism analysts are skeptical of some aspects of it. In an article entitled Why KSM’s Confession Rings False, former CIA agent Robert Baer says that KSM is “boasting” and “It’s also clear he is making things up.” Specifically, Baer doubts that KSM murdered Wall Street Journal reporter Daniel Pearl (see January 31, 2002). Baer notes that this “raises the question of just what else he has exaggerated, or outright fabricated.” Baer also points out he does not address the question of state support for al-Qaeda and that “al-Qaeda also received aid from supporters in Pakistan, quite possibly from sympathizers in the Pakistani intelligence service.” [Time, 3/15/2007] Pearl’s father also takes the confession of his son’s murder “with a spice of doubt.” [Hindustan Times, 3/23/2007] Journalist Yosri Fouda, who interviewed KSM in 2002 (see April, June, or August 2002), comments, “he seems to be taking responsibility for some outrages he might not have perpetrated, while keeping quiet about ones that suggest his hand.” Specifically, he thinks KSM may have been involved in an attack in Tunisia that killed about 20 people (see April 11, 2002). [London Times, 3/18/2007] KSM is also believed to have been involved in the embassy and USS Cole bombings (see Mid-1996-September 11, 2001), but these are also not mentioned. Terrorism analyst Bruce Riedel also does not take the confession at face value, saying, “He wants to promote his own importance. It’s been a problem since he was captured.” [Time, 3/15/2007] The Los Angeles Times notes that, according to intelligence officials, “the confession should be taken with a heavy dose of skepticism.” A former FBI manager says: “Clearly he is responsible for some of the attacks. But I believe he is taking credit for things he did not have direct involvement in.” [Los Angeles Times, 3/16/2007] The Seattle Post-Intelligencer points out that the Plaza Bank, one of the targets KSM says he planned to attack, was actually established in 2006, three years after he was captured. [Seattle Post-Intelligencer, 3/15/2007] Michael Scheuer, formerly head of the CIA’s bin Laden unit, notes KSM only says he is “involved” in the plots and that 31 plots in 11 years “can hardly be called excessive.” [Hindustan Times, 3/23/2007] Some media are even more skeptical. For example, the Philadelphia Inquirer comments that KSM, “claimed credit for everything but being John Wilkes Booth’s handler.” [Philadelphia Inquirer, 3/30/2007]

March 30, 2007: 9/11 Facilitator Denies He Is A Terrorist, Says He Has Given US ‘Vital Information’
At his Combat Status Review Tribunal hearing in Guantanamo Bay (see March 9-April 28, 2007), 9/11 facilitator Ali Abdul Aziz Ali (a.k.a. Ammar al-Baluchi) denies being an enemy combatant and says he has provided “vital information” to the US. Regarding the allegations against him:
  • He admits sending money to hijacker Marwan Alshehhi in the US, but says it was Alshehhi’s money and he regularly moved money for others—he did not know Alshehhi intended to hijack airliners;
  • He admits knowing and working for Khalid Shaikh Mohammed (KSM), his uncle, but says he had no idea KSM was connected to al-Qaeda;
  • He admits leaving Dubai just before 9/11, but says this was due to residence permit problems (see September 9-11, 2001);
  • He also denies various other allegations made against him and says he has never been a member of al-Qaeda, trained in the camps, or met Osama bin Laden and Ayman al-Zawahiri.
Statements by KSM and Ramzi bin al-Shibh saying he was not involved in the operation are also submitted in his defense. In his final statement to the tribunal he says: “Ever since I was turned in to the United States government, about four years ago, the government uses my services by getting information from me about al-Qaeda activities and personnel that I obtained through independent research. The United States has benefited from the vital and important information I supplied by foiling al-Qaeda plans and obtaining information on al-Qaeda personnel… So, is it fair or reasonable that after all the important and vital information I have supplied to the United States government that I be considered an enemy combatant?” [US Department of Defense, 4/12/2007 pdf file] The CIA refuses to comment on Ali’s claim he is cooperating. [Los Angeles Times, 4/13/2007]

End