Whether Abd al-Rahim al-Nashiri can stand trial remains unresolved at a Guantanamo military commission, where Just Security has reported opposing medical assessments in the capital case.
Dr. Terry Kupers, a defense psychiatrist, told the hearing that al-Nashiri could not follow courtroom proceedings or take part effectively in his defense, Just Security reported. Kupers attributed these impairments to CIA torture. He listed severe chronic post-traumatic stress disorder, a neurocognitive disorder, several traumatic brain injuries and major depressive disorder. The outlet said he also referred to an MRI performed at the detention site in 2017.
The competing view came from Army psychiatrist Maj. Anthony Ralston, who assessed al-Nashiri during an evaluation ordered by the court, Just Security reported. Ralston concluded he was fit to stand trial, the outlet said. The Office of Military Commissions docket shows the government filed notice of the sanity board’s results on Oct. 16, but the public entry does not give the board’s conclusion. The docket also lists a defense competency motion under Rule for Military Commissions 909, the government’s response, a defense reply and an interim order. No public commission ruling settles the question.
A Court of Military Commission Review opinion says the charges concern three attacks: an attempted bombing of the USS The Sullivans on Jan. 3, 2000; the USS Cole attack on Oct. 12, 2000; and the bombing of the French tanker MV Limburg on Oct. 6, 2002. Al-Nashiri faces the death penalty. The U.S. Navy says the Cole was attacked in Aden, Yemen, while taking on fuel, killing 17 sailors.
The Department of War initially announced jury selection for Oct. 19. An Oct. 15 D.C. Circuit docket entry recorded a later date of Oct. 26. Just Security reported on Oct. 21 that selection was then scheduled for Nov. 2.
