By David Morgan
Reuters
Tue Apr 25, 2006
http://today.reuters.com/misc/PrinterFriendlyPopup.aspx?type=topNews&storyID=2006-04-25T195622Z_01_N24337630_RTRUKOC_0_US-SECURITY-GUANTANAMO.xml
GUANTANAMO BAY U.S. NAVAL BASE, Cuba (Reuters) - A Saudi charged with
being part of an al Qaeda bomb-making cell branded the United States
on Tuesday as an enemy of God and rejected its right to try him in a
military tribunal.
Jabran Said bin al Qahtani, an electrical engineer captured at an al
Qaeda safe house in Pakistan in March 2002, appeared for a pretrial
hearing near the U.S. prison camp at Guantanamo Bay, Cuba, wearing the
beige prison garb given to detainees classed as "compliant."
But when questioned by the hearing's presiding officer, Navy Capt.
Daniel O'Toole, Qahtani said he wanted no part of the tribunal and
refused to accept the military defense lawyer assigned to his case.
"I don't want an attorney. I don't want a court," said Qahtani, a
father of two in his late 20s, with bushy dark hair and a shaggy beard.
"A nation that is an enemy of God is not a leader and cannot be a
leader," added the detainee, who spoke through a court translator.
"You judge me and you sentence me the way you want, if this is God's
will."
Qahtani, who at times fidgeted uncomfortably in his seat next to the
defense lawyer, Army Lt. Col. Bryan Broyles, said he would prefer to
be killed than cooperate. He warned the court that perhaps "God would
provide me with rescue and then you will regret everything."
After a recess, Qahtani did not reappear in court. His lawyer said
Qahtani decided to boycott the proceedings because he denied the
legitimacy of the tribunals and would not return unless physically
forced to attend.
JUDGE CHALLENGED
Broyles then challenged O'Toole's right to hear the case, saying the
presiding officer had shown himself an advocate of the prosecution in
earlier rulings, including orders that have kept Qahtani from seeing
evidence against him.
"Those acts were acts inappropriate to an impartial officer," the
defense lawyer told a visibly riled O'Toole, who later ruled himself
fit to preside.
Qahtani is one of three detainees who face tribunal hearings this
week. His alleged co-conspirators are Sufyian Barhoumi, an Algerian
citizen, and another Saudi named Ghassan Abdullah al Sharbi.
The tribunals were established by President George W. Bush following
the September 11 attacks. The Supreme Court is expected to rule in
June on their legality.
All three who face proceedings this week were captured by Pakistani
forces at a house in Faisalabad. The U.S. military says former al
Qaeda operations director Abu Zubaydah gave them the job of making
hand-held remote-control bomb detonators of a kind later used against
U.S. forces in Afghanistan.
They are among 10 of the 490 detainees in the Guantanamo Bay prison
camp who have been charged with war crimes before the tribunals, known
formally as commissions. All of those charged so far face life in
prison if convicted.
Prosecutors say they may charge another two-dozen detainees, some of
whom could face the death penalty.
Qahtani's attorney has said he intends to challenge evidence against
his client, which he believes was obtained through torture and cannot
be used under a formal Defense Department directive issued last month.
Rejection of the tribunal system is emerging as a common tactic among
detainees. Barhoumi, who is charged with training Qahtani and Sharbi
on electronic detonators, could also boycott his hearing on Wednesday,
his military attorney said.
http://today.reuters.com/misc/PrinterFriendlyPopup.aspx?type=topNews&storyID=2006-04-25T195622Z_01_N24337630_RTRUKOC_0_US-SECURITY-GUANTANAMO.xml
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{Invite (mankind, O Muhammad ) to the Way of your Lord (i.e. Islam) with wisdom (i.e. with the Divine Inspiration and the Qur'an) and fair preaching, and argue with them in a way that is better. Truly, your Lord knows best who has gone astray from His Path, and He is the Best Aware of those who are guided.} (Holy Quran-16:125)
{And who is better in speech than he who [says: "My Lord is Allah (believes in His Oneness)," and then stands straight (acts upon His Order), and] invites (men) to Allah's (Islamic Monotheism), and does righteous deeds, and says: "I am one of the Muslims."} (Holy Quran-41:33)
The prophet (peace and blessings of Allah be upon him) said: "By Allah, if Allah guides one person by you, it is better for you than the best types of camels." [al-Bukhaaree, Muslim]
The prophet (peace and blessings of Allah be upon him) also said, "Whoever calls to guidance will have a reward similar to the reward of the one who follows him, without the reward of either of them being lessened at all." [Muslim, Ahmad, Aboo Daawood, an-Nasaa'ee, at-Tirmidhee, Ibn Maajah]
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