Guantanamo case begins for 3 held 18 years by US
Prisoners face charges in 2002 nightclub bombings in Bali
NAVAL STATION GUANTANAMO BAY, Cuba — Three prisoners at the Guantanamo Bay detention center had their first day in court Monday after being held by the U.S. for 18 years in connection with the deadly 2002 Bali nightclub bombings and other plots in Southeast Asia.
Indonesian prisoner Encep Nurjaman, known as Hambali, and two Malaysians started their arraignment at a hearing at the U.S. base in Cuba that repeatedly stalled because of issues involving courtroom interpreters. They face charges that include murder, conspiracy and terrorism. It is merely the first step in what could be a long legal journey for a case that involves evidence tainted by CIA torture, an issue that has caused other war crimes cases to languish for years at Guantanamo.
The hearing also comes as the Biden administration says it intends to close the detention center, where the U.S. still holds 39 of the 779 men seized in the aftermath of the Sept. 11, 2001, attacks and invasion of Afghanistan.
The three men charged in connection with the nightclub bombings were held in secret CIA confinement for three years, followed by 15 more at the isolated U.S. base in Cuba.
“It’s almost 20 years later, witnesses have died, the landscape has changed dramatically,” said Brian Bouffard, a lawyer for Mohammed Nazir bin Lep, one of the Malaysians, before the hearing. “In my view, it’s fatal to the ability to have a fair trial.”
The decision to charge them, made by a Pentagon legal official at the end of the Trump administration, also complicates the effort to close the detention center, Bouffard said, by making it more difficult for the new administration to add any of the men to the list of those who could potentially be transferred out of Guantanamo or sent home. “It will even be harder after an arraignment,” he said.
The arraignment went off course early as lawyers for the Malaysians challenged the adequacy of the courtroom interpreter, who seemed to speak haltingly in both English and Malay. They also revealed that another interpreter working with prosecutors had previously worked with the men for their appearance before the equivalent of a parole board at the detention center.
“He has confidential information that he may be sharing with the prosecution right now,” said Christine Funk, a lawyer for Mohammed Farik bin Amin.
Nurjaman was a leader of Jemaah Islamiyah, a Southeast Asian militant group with ties to al-Qaida. The U.S. government says he recruited militants, including bin Lep and bin Amin, for jihadist operations.
Among the plots that alQaida and Jemaah Islamiyah carried out were the October 2002 suicide bombings of Paddy’s Pub and the Sari Club in Bali, Indonesia, and the August 2003 suicide bombing of the J.W. Marriott in Jakarta, Indonesia. The attacks together killed 213 people, including seven Americans, and injured 109 people, including six Americans. Dozens of victims were foreign tourists, mostly Australians.
Prosecutors allege bin Lep and bin Amin served as intermediaries in the transfer of money used to fund the group’s operations.
All three were captured in Thailand in 2003 and transferred to CIA “black sites,” where they were brutalized and subjected to torture, according to a Senate Intelligence Committee report released in 2014. In 2006, they were moved to Guantanamo.
It’s unclear why it’s taken so long to charge them before the military commission. Military prosecutors filed charges against the men in June 2017, but a Pentagon legal official rejected the charges.