Ibrahim Al Qosi - Charged Before Military Commissions

Charged Before Military Commissions

On February 24, 2004, he was named in documents for the first military commissions to be held for detainees. The U.S. alleges that he joined al-Qaida in 1989 and worked as a driver and bodyguard for Osama bin Laden, as well as working as a quartermaster for al-Qaida. He is also alleged to have been the treasurer of a business which was an al-Qaida front.

He was indicted along with Ali Hamza Ahmed Sulayman al Bahlul. The indictment should allow them access to defense lawyers to prepare their defenses. He is charged with conspiracy to commit war crimes, including attacking civilians, murder, destruction of property and terrorism.

Lieutenant Colonel Sharon Shaffer USAF was appointed Qosi's lawyer on February 6, 2004.

On August 27, 2004 Shaffer complained that she was not being provided with information she needed for her defense of Qosi, that Qosi had informed her that the quality of translation at his military commission was insufficient for him to understand what was happening. She told the Tribunal that she had to resign as Qosi's attorney.

According to the Voice of America, Chief Prosecutor Colonel Robert L. Swann assured the commission that:

"...all resources will be devoted to obtaining the most accurate translations possible."

On November 9, 2004 legal action against Qosi was suspended, US District Court Justice James Robertson had ruled, in Hamdan v. Rumsfeld, that the military commissions violated International agreements to which the United States was a signatory. This ruling applied to all four of the detainees who had been charged by the military commission.

On July 15, 2005 a three judge appeal panel over-turned Robertson's ruling, setting the commissions back in motion.

On November 7, 2005 the US Supreme Court announced that they would be reviewing Hamdan v. Rumsfeld.

Qosi's case was stayed, pending the outcome of Hamdan v. Rumsfeld.

In Hamdan v. Rumsfeld, in July 2006, the Supreme Court of the United States ruled that the Bush Presidency lacked the constitutional authority to set up the military commissions. Only Congress had the authority to set up military commissions. Congress subsequently passed the Military Commissions Act of 2006. But,

On February 9, 2008 Ibrahim Ahmed Mahmoud Al Qosi and Ali Hamza Suleiman Al Bahlul were charged before the Congressionally authorized Guantanamo military commissions authorized by the Military Commissions Act of 2006.