Accused in Guantánamo Case May Still Face the Death Penalty
On 31 July 2024, it was announced that, after 2 years of negotiations with Prosecutors, a plea deal had been reached which would have removed the risk that our client, Mustafa al-Hawsawi, along with two other Defendants could face the death penalty as a result of the ongoing criminal proceedings against them. However, a couple of days later, in a striking example of political interference in pending judicial proceedings, the US Secretary of Defense stepped in to revoke the deal.
Mr al-Hawsawi thus continues to face capital charges before a US Military Commission in Guantánamo Bay for his alleged involvement in sending money to some of the hijackers who participated in the September 11, 2001 attacks in the US.
The deal had been reached in exchange for Mr al-Hawsawi agreeing to plead guilty to all the charges against him.
It remains the case that:
- The Executive Summary of the US Select Committee on Intelligence’s investigation into the RDI programme identifies him as one of several individuals who were detained under the CIA’s program “despite doubts and questions surrounding [his] knowledge of terrorist threats and the location of senior al-Qa’ida leadership”, and
- There is clear and credible evidence that he suffered various forms of torture whilst in CIA detention – the so-called “Enhanced Interrogation Techniques” – which included water-dousing (a technique similar to water-boarding), walling, attention grasps, facial holds, cramped confinement, psychological pressures and sleep deprivation. International law makes it clear that evidence obtained as the result of torture should not be used in court proceedings against the victim of that torture.
It is now over 21 years since Mr al-Hawsawi was first detained by US forces in March 2003, and over 18 years since his rendition to Guantánamo from detention in Lithuania in March 2006. He continues to suffer the health impacts of the torture.
REDRESS represents Mr al-Hawsawi in various ongoing legal processes, including the following:
European Court of Human Rights
In January 2024, the European Court of Human Rights found that Lithuania violated the rights of Mr al-Hawsawi, who was held in a US secret detention facility in its territory, for its complicity in his unlawful rendition, detention, and torture. The Court ordered Lithuania to conduct an effective investigation and to pay him compensation.
The judgment marks another milestone in challenging the secrecy that surrounded the existence of secret ‘black sites’ in Europe in the aftermath of 9/11 and in securing accountability for the grave human rights abuses suffered by detainees. It also underscores the ongoing impunity for European complicity with US CIA counter-terrorism abuses committed two decades ago.
The judgment is currently in the process of being implemented by Lithuania.
UK Investigatory Powers Tribunal
In May 2023, the Investigatory Powers Tribunal, the UK judicial body which probes complaints against the UK intelligence services, announced that it will investigate the complaint brought by Mr al-Hawsawi against the UK intelligence services for their alleged complicity in his torture by US agents. Although the Tribunal’s investigations remain secretive and lack transparency, to the best of our knowledge, the investigation has not yet been concluded.
Chris Esdaile, Senior Legal Advisor at REDRESS said:
We were initially delighted that the risk of the death penalty faced by Mr al-Hawsawi since charges were brought in 2012 had apparently been removed. The about-turn forced by the US Secretary of Defence is extraordinary. But let’s be clear. If the US had not tortured our client whilst in their detention, the US Prosecutors would not have been so keen to reach a plea deal in the first place. We will continue our work on the outstanding cases which we are running on behalf of our client, in order to seek accountability from those responsible for the web of torture and illegal rendition which remains a stain on the reputation of western powers.
REDRESS does not represent Mr al-Hawsawi in the US Military Commissions case, and does not have full details about the contents of the plea agreement that has been reached.
[The piece was originally published on 1 August 2024, and was amended following the revocation of the plea deal on 2 August 2024]
Photo by John F. Williams (CC-BY-ND-2.0)