A Guantanamo judge found Abd al-Rahim al-Nashiri competent to stand trial in the USS Cole bombing case Oct. 30, while a motion to continue the trial date leaves reported Nov. 2 jury selection uncertain.
Army Col. Matthew Fitzgerald issued an interim ruling that says al-Nashiri can understand the proceedings and assist in his defense. Fitzgerald wrote, “The commission finds the defense failed to overcome the presumption of competence.” Detailed findings are to follow.
Just Security reported that jury selection was scheduled to begin Monday, Nov. 2, with 12 jurors and six alternates to be chosen. The Office of Military Commissions docket lists defense motion AE 732, which seeks to continue the trial date; no public disposition was located in the records reviewed. Just Security also reported that defense counsel sought a six-month postponement on Oct. 29.
The competency decision followed conflicting medical assessments. Just Security reported that Army Maj. Anthony Ralston diagnosed al-Nashiri with depression and post-traumatic stress disorder but found him fit for trial, while two civilian defense experts found him unfit. The outlet said the defense experts linked their concerns to alleged Central Intelligence Agency (CIA) torture and conditions at Guantanamo. A Senate Select Committee on Intelligence report says CIA records showed al-Nashiri was waterboarded at least three times. EconoTimes previously covered the dispute over al-Nashiri’s fitness to stand trial.
The military charge sheet alleges al-Nashiri had a role in the Oct. 12, 2000, attack on the USS Cole in Aden, Yemen. It says an explosives-laden boat detonated alongside the ship, killing 17 crew members and injuring at least 37. The charges are allegations and do not establish guilt.
Just Security has described the proceedings as the military commission’s first capital trial. A 2014 defense filing says the case was referred to a military commission on Sept. 28, 2011, with authority to impose a death sentence. Just Security’s reported date for jury selection is Monday, Nov. 2, while the separate trial-date motion has no public disposition located in the records reviewed.
