Just Security reported that an Army psychiatrist and a defense expert gave opposing assessments of whether Abd al-Rahim al-Nashiri can stand trial, a dispute that could shape the next stage of the Guantanamo case.
Army Maj. Anthony Ralston testified on Oct. 22 and 23 that al-Nashiri has post-traumatic stress disorder and depression but can take part in his defense. Ralston examined him for four hours and 44 minutes at Camp 5 prison and said he could redirect him when his attention wandered, Just Security reported.
Defense psychiatrist Terry Kupers examined him at the courthouse complex over three days and concluded that he could not understand the proceedings or help his lawyers, the outlet reported. Just Security reported that Kupers judged al-Nashiri's attention too scattered to administer a baseline 20-question test. Just Security reported that defense lawyers said the trip to court can trigger flashbacks; it also reported that anti-nausea medication makes al-Nashiri drowsy and a stimulant can make him anxious and act out.
A 2013 military medical board found al-Nashiri competent despite diagnoses of post-traumatic stress disorder and depression, Just Security has reported. The Office of Military Commissions docket records that the government filed notice of a sanity board result on Oct. 16, but does not disclose the finding.
Rule 909 in the 2019 Manual for Military Commissions directs the judge to assess whether a mental condition keeps an accused from following the proceedings or working effectively with defense counsel. Army Col. Matthew Fitzgerald makes the competency decision.
Al-Nashiri faces charges related to the Oct. 12, 2000, bombing of the USS Cole in Aden, Yemen, which killed 17 U.S. sailors. A report by the Senate Select Committee on Intelligence says the CIA waterboarded him at least three times during detention in 2002. EconoTimes previously covered the conflicting trial-fitness assessments.
Just Security reported on Oct. 26 that Fitzgerald was due to rule after closing arguments and that jury selection was scheduled for Nov. 2 if al-Nashiri was found competent.
