Justice remains elusive on 9/11 anniversary

Justice remains elusive on 9/11 anniversary
From Al Jazeera - September 10, 2017

New York City -Time moves slowly for the five men accused of the 9/11 attacks.

Sixteen years after the World Trade Center was toppled, the case against the alleged mastermind and his co-plotters looks set to drag on for years - if not decades, defence lawyers told Al Jazeera.

Apart from Hurricane Irma's 250kph winds, little moves fast at Guantanamo Bay, the US Navy base in southeast Cuba where the men are detained. Their proceedings have not picked up pace since Donald Trump became United States president in January.

Khalid Sheikh Mohammed, or "KSM", has been dubbed the "architect of 9/11". He and his four alleged co-conspirators all face the death penalty in a case that is still crawling through the pre-trial stages of a military commission.

"It perplexes me that this is not a cause for more outrage back in the US," Shayana Kadidal, a lawyer on several post-9/11 cases for the Center for Constitutional Rights, a legal action group, told Al Jazeera.

"According to the government, you have the person by far most responsible for planning 9/11 and a couple of people just below him responsible for executing the plot. They have been sitting in detention for the most part of 14 years, without trial, and, by all appearances, any trial is years and years off."

READ MORE: How will Guantanamo be remembered?

At a hearing in August, prosecutors mooted an early 2019 trial start date, saying it would take between six and eight weeks to lay out evidence that the men planned and aided the hijacking of four passenger jets on September 11, 2001.

They would be tried on the 117-square-kilometre base, popularly known as Gitmo, on charges of terrorism and some 3,000 counts of murder in violation of the law of war. They could face execution if convicted by a jury of military officers.

They were arraigned in 2012, but the case has bogged down in pre-trial motions as defence lawyers claim they were bugged and spied on and request classified evidence of torture-like treatment in CIA custody.

"There are so many obstacles to trial that I am not sure they will ever get there," Nancy Hollander, a lawyer in a separate Gitmo case, told Al Jazeera.

Should the men ultimately be convicted, appeals would likely drag on for years longer before reaching the US Supreme Court, she said.

"Let's say by some miracle they are found not guilty, they are not going home," added Hollander. "These are show trials and bad show trials at that."

READ MORE: Guantanamo's Child - Omar Khadr

KSM allegedly hatched the 9/11 plot, secured al-Qaeda boss Osama bin Laden's support, and oversaw operations and trained hijackers in Afghanistan and Pakistan.

The other men - Walid Bin Attash, Ramzi bin al-Shibh, Ammar al-Baluchi and Mustafa al-Hawsawi - allegedly trained hijackers, arranged travel and flight school courses, or wired money to fund the strikes on New York and Washington.

The evidence against KSM is strong, said Kadidal, not least because he bragged to Al Jazeera journalist Yosri Fouda about his involvementin 2002- before he was busted by Pakistani authorities in Rawalpindi in March 2003.

But prosecutors have problems too. KSM was waterboarded 183 times in a single month and endured sleep deprivation and "rectal rehydration", according to a Senate report on CIA torture techniques. This provides ammunition for his defence team.

The accused men were originally arraigned in 2008, but those charges were suspended when then-president Barack Obama, a Democrat, opted for civilian trials in New York. That plan was blocked by lawmakers amid outrage from victims' families.

Many people say justice is taking too long.Joel Shapiro, whose wife died in the attacks, has called for dropping the death penalty and cutting plea deals with the accused. Terry Strada, who lost her husband and runs a group for 9/11 families, disagrees.


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