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March 10, 2007
REPORTER: On the record.
RECORDER: All rise.
PRESIDENT: Remain seated and come to order. Go ahead,
Recorder.
RECORDER: This Tribunal is being conducted at 1328
March 10, 2007 on board U.S. Naval Base Guantanarno Bay, Cuba. The
following personnel arc present:
Captain [REDACTED], United States Navy, President
Lieutenant Colonel [REDACTED], United States Air Force, Member
Lieutenant Colonel [REDACTED], United States Marine Corps, Member
Lieutenant Colonel [REDACTED], United States Air Force, Personal
Representative
Language Analysis [REDACTED]
Gunnery Sergeant [REDACTED], United States Marine Corps, Reporter
Lieutenant Colonel [REDACTED], United States Army, Recorder
Captain [REDACTED] is the Judge Advocate member of the Tribunal.
OATH SESSION 1
RECORDER: All Rise.
PRESIDENT: The Recorder will be sworn. Do you,
Lieutenant Colonel [REDACTED] solemnly swear that you will faithfully
perform the duties as Recorder assigned in this Tribunal so help you
God?
RECORDER: I do.
PRESIDENT: The Reporter will now be sworn. The
Recorder will administer the oath.
RECORDER: Do you Gunnery Sergeant [DELETED] swear or
affirm that you will faithfully discharge your duties as Reporter
assigned in this Tribunal so help you God?
REPORTER: I do.
PRESIDENT: The Translator will be sworn.
RECORDER: Do you swear or affirm that you will
faithfully perform the duties of Translator in the case now in hearing
so help you God?
TRANSLATOR: I do.
PRESIDENT: We will take a brief recess now in order in
to bring Detainee into the room. Recorder note the date and time.
RECORDER: The time is 1:30 pm hours on 10 March 2007.
This Tribunal is in now in recess. [The Tribunal recessed at 1330, 10
March 2007. The members withdrew from the hearing room.]
CONVENING AUTHORITY
RECORDER: All Rise.
[The Tribunal reconvened and the members entered the room at 1334, 10
March 2007.]
PRESIDENT: This hearing will come to order. Please be
seated.
PRESIDENT: Before we begin, Khalid Sheikh Muhammad, I
understand you speak and understand English. Is that correct?
DETAINEE: [Detainee nods his head in affirmative].
PRESIDENT: Alright. Are you comfortable in continuing
in English or would you like everything translated in Arabic?
DETAINEE: Everything in English but if I have a
problem the linguist will help me.
PRESIDENT: We will proceed in English. If you indicate
to me that you would like something translated we will go ahead and do
that. Alright?
PRESIDENT: This Tribunal is convened by order of the
Director, Combatant Status Review Tribunals under the provisions of his
Order of 22 February 2007.
PRESIDENT: This Tribunal will determine whether Khalid
Sheikh Muhammad meets the criteria to be designated as an enemy
combatant against the United States or its coalition partners or
otherwise meets the criteria to be designated as an enemy combatant.
OATH SESSION 2
PRESIDENT: The members of this Tribunal shall now be
sworn. All rise.
RECORDER: Do you swear or affirm that you will
faithfully perform your duties as a member of this Tribunal; that you
will impartially examine and
inquire into the matter now before you
according to your conscience, and the laws and regulations provided;
that you will make such findings of fact and conclusions as are
supported by the evidence presented; that in determining those facts,
you will use your professional knowledge, best judgment, and common
sense; and that you will make such findings as are appropriate according
to the best of your understanding of the rules, regulations, and laws
governing this proceeding, and guided by your concept of justice so help
you God?
TRIBUNAL: I do.
PRESIDENT: The Recorder will now administer the oath
to the Personal Representative.
RECORDER: Do you swear or affirm that you will
faithfully perform the duties of Personal Representative in this
Tribunal so help you God?
PERSONAL REPRESENTATIVE: I do.
PRESIDENT: Please be seated.
PRESIDENT: The Recorder, Reporter, and Translator have
previously been sworn.
EXPLANATION OF PROCEEDINGS
PRESIDENT: Khalid Sheikh Muhammad, you are hereby
advised that the following applies during this hearing:
PRESIDENT: You may be present at all
open sessions of the Tribunal. However, if you become disorderly, you
will be removed from the hearing, and the Tribunal will continue to hear
evidence in your absence.
PRESIDENT: You may not be compelled to testify at this
Tribunal. However, you may testify if you wish to do so. Your testimony
can be under oath or unsworn.
PRESIDENT: You may have the assistance of a Personal
Representative at the hearing. Your assigned Personal Representative is
present.
PRESIDENT: You may present evidence
to this Tribunal, including the testimony of witnesses who are
reasonably available and whose testimony is relevant to this hearing.
You may question witnesses testifying at the Tribunal.
PRESIDENT: You may examine documents or statements
offered into evidence other than classified information. However,
certain documents may be partially masked for security reasons.
PRESIDENT: Khalid Sheikh Muhammad, do you understand
this process?
DETAINEE: Yes. If I have question can I ask you?
PRESIDENT: Yes, you may.
DETAINEE: About the testimony which I ask about the
witnesses.
PRESIDENT: Yes, I'm going to address the witnesses
shortly. So, if you will bear with us I will take that up in a few
moments.
DETAINEE: Okay.
PRESIDENT: Do you have any questions concerning the
Tribunal process?
DETAINEE: Okay by me.
PRESENTATION OF UNCLASSIFIED INFORMATION
PRESIDENT: Personal Representative, please provide the
Tribunal with the Detainee Election Form.
PERSONAL REPRESENTATIVE: I am handing the Tribunal the
Detainee Election Form, which was previously marked as Exhibit D-a.
PRESIDENT: Alright, the
Tribunal has received Exhibit D-a that indicates the Detainee wants to
participate in the Tribunal and wants the assistance of the Personal
Representative.
RECORDER PRESENTS UNCLASSIFIED
PRESIDENT: Recorder, please provide the Tribunal with
the unclassified evidence.
RECORDER: I am handing the Tribunal what has
previously been marked as Exhibit R-l, the unclassified summary of the
evidence that relates to this Detainee's status as an enemy combatant.
A translated copy of this
exhibit was provided to the Personal Representative in advance of this
hearing for presentation to the Detainee. In
addition, I am handing to the Tribunal the following unclassified
exhibits, marked as Exhibit R-2. Copies of these Exhibits have
previously been provided to the Personal Representative. [Documents
presented to Tribunal]
PRESIDENT: Recorder, please read the
unclassified summary of evidence for the record.
But before you proceed, Khalid Sheikh
Muhammad, let me remind you that you must not comment on this evidence
at this time. You will be provided with an
opportunity shortly to provide any comments that you would like.
Recorder, please proceed.
RECORDER: The following facts
support the determination that the Detainee is an enemy combatant:
Paragraph a. On the morning of 11 September 2001, four
airliners traveling over the United States were hijacked. The flights
hijacked were: American Airlines Flight 11, United Airlines Flight 175,
American Airlines Flight 77, and United Airlines Flight 93. At
approximately 8:46 a.m., American Airlines Flight 11 crashed into the
North Tower of the World Trade Center, resulting in the collapse of the
tower at approximately 10:25 a.m. At approximately 9:05 a.m., United
Airlines Flight 175 crashed into the South Tower of the World Trade
Center, resulting in the collapse of the tower at approximately 9:55
a.m. At approximately 9:37 a.m., American Airlines Flight 77 crashed
into the southwest side of the Pentagon in Arlington, Virginia. At
approximately 10:03 a.m., United Airlines Flight 93 crashed in Stoney
Creek Township, Pennsylvania. These crashes and subsequent damage to the
World Trade Center and the Pentagon resulted in the deaths of 2,972
persons in New York, Virginia, and Pennsylvania.
Paragraph b. The Detainee served as the head of the al
Qaida military committee and was Usama bin Laden's principal al Qaida
operative who directed the 11 September 200I attacks in the United
States.
Paragraph c. In an interview with an al Jazeera
reporter in June 2002, the Detainee stated he was the head of the al
Qaida military committee.
Paragraph d. A computer hard drive seized during the
capture of the Detainee contained information about the four airplanes
hijacked on 11 September 200I including code names, airline company,
flight number, target, pilot name and background information, and names
of the hijackers.
Paragraph e. A computer hard drive seized during the
capture of the Detainee contained photographs of 19 individuals
identified as the 11 September 200I hijackers.
Paragraph f. A computer hard drive seized during the
capture of the Detainee contained a document that listed the pilot
license fees for Mohammad Atta and biographies for some of the 11
September 2001 hijackers.
Paragraph g. A computer hard drive seized during the
capture of the Detainee contained images of passports and an image of
Mohammad Atta.
Paragraph h. A computer hard drive seized during the
capture of the Detainee contained transcripts of chat sessions belonging
to at least one of the 11 September 2001 hijackers.
Paragraph i. The Detainee directed an individual to
travel to the United States to case targets for a second wave of
attacks.
Paragraph j. A computer hard drive seized during the
capture of the Detainee contained three letters from Usama bin Laden.
Paragraph k. A computer hard drive seized during the
capture of the Detainee contained spreadsheets that describe money
assistance to families of known al Qaida members.
Paragraph l. The Detainee's name was on a list in a
computer seized in connection with a threat to United States airlines,
United States embassies and the Pope.
Paragraph m. The Detainee wrote the bojinka plot, the
airline bomb plot which was later found on his nephew Ramzi Yousef's
computer.
Paragraph n. Thc bojinka plot is also known as the
Manila air investigation.
Paragraph o. The Manila air investigation uncovered
the Detainee conspired with others to plant explosive devices aboard
American jetliners while those aircraft were scheduled to be airborne
and loaded with passengers on their way to the United States.
Paragraph p. The Detainee was in charge of and funded
an attack against United States military vessels heading to the port of
Djibouti.
Paragraph q. A computer hard drive seized during the
capture of the Detainee contained a letter to the United Arab Emirates
threatening attack if their government continued to help the United
States.
Paragraph r. During the capture of the Detainee,
information used exclusively by al Qaida operational managers to
communicate with operatives was found.
Paragraph s. The Detainee received funds from
Kuwaiti-based Islamic extremist groups and delivered the funds to al
Qaida members.
Paragraph t. A computer hard drive seized during the
capture of the Detainee contained a document that summarized operational
procedures and training requirements of an al Qaida cell.
Paragraph u. A computer hard drive seized during the
capture of the Detainee contained a list of killed and wounded al Qaida
martyrs.
And lastly, Paragraph v. Passport photographs of al
Qaida operatives were seized during the capture of the Detainee.
RECORDER: Sir, this concludes the summary of
unclassified evidence.
PRESIDENT: Very well.
PRESIDENT: Personal Representative, does the
Detainee have any evidence to present to this Tribunal?
PERSONAL REPRESENTATIVE: Yes, sir. I am handing to the
Tribunal the following unclassified exhibits marked as Exhibits D-b
through D-d. Copies of these exhibits have been previously provided to
the Recorder. [Documents presented to Tribunal]
PRESIDENT: Exhibit D-b appears to be a statement that
the Detainee has provided.
PERSONAL REPRESENTATIVE: Yes, Sir.
PRESIDENT: Alright. And Exhibit D-c contains hand
written notes that appear to be Arabic and English as well as the typed
version of that. Is that correct?
PERSONAL REPRESENTATIVE: Yes, Sir.
PRESIDENT: Alright. And D-d is a
written statement regarding alleged abuse or treatment that the Detainee
received.
PERSONAL REPRESENTATIVE: Yes, Sir.
PRESIDENT: Alright. We will go into those shortly.
PRESIDENT: Khalid Sheikh Muhammad, you may now make an
oral statement to the Tribunal, and you have the assistance of your
Personal Representative in doing so. Do you wish to make an oral
statement to this Tribunal?
DETAINEE: He will start, the Personal
Representative; PR will read then later I will comment.
PRESIDENT: Very well, you may proceed.
RECORDER: Sir, would you hold one moment?
PRESIDENT: Yes.
RECORDER: Ah, before the Detainee makes a statement,
ah, I'd like to ah.
PRESIDENT: Question of the oath?
RECORDER: Ah, no sir.
RECORDER: Concerning classified evidence.
PRESIDENT: Very well.
PRESIDENT: Do you have any further evidence to present
at this time, Recorder?
RECORDER: Mr. President, I have no
further unclassified evidence for the Tribunal but I respectfully
request a closed Tribunal session at an appropriate time to present
classified evidence relevant to this Detainee's status as an enemy
combatant.
PRESIDENT: Very well, your request
for a closed session is granted and will be taken up in due course.
PRESIDENT: You may proceed, PR,
PERSONAL REPRESENTATIVE: The Detainee responds to the
unclassified summary of evidence with the following key points.
PERSONAL REPRESENTATIVE: "Some
paragraphs under paragraph number 3, lead sentence are not related to
the context or meaning of the aforementioned lead sentence. For example,
paragraph 3-a is only information from news or a historical account of
events on 11 September 2001, and note with no specific linkage being
made in this paragraph to me or the definition of Enemy Combatant. As
another example, sub-paragraph 3-n makes no linkage to me or to the
definition of Enemy Combatant."
DETAINEE: Are they following along?
PERSONAL REPRESENTATIVE: Ah, they they have that in
front of them for reference.
PRESIDENT: Yes.
DETAINEE: Okay.
PERSONAL REPRESENTATIVE: Second main
point; "There are two false statements in the Summary of Evidence.
Sub-paragraph 3-c is false. I never stated to the Al Jazeera reporter
that I was the head of the al Qaida military committee. Also,
sub-paragraph 3-s is false. I did not receive any funds from Kuwait."
PERSONAL REPRESENTATIVE: Point
number 3. "There is an unfair 'stacking of evidence' in the way the
Summary of Evidence is structured. In other words, there are several
subparagraphs under parent-paragraph 3 which should be combined into one
subparagraph to avoid creating the false perception that there are more
allegations or statements against me specifically than there actually
are. For example, subparagraphs 3-m through 3-o, which pertain to the
bojinka plot should be combined into one paragraph, as should paragraphs
3-a through 3-h, which pertain to 9/11."
PERSONAL REPRESENTATIVE: Lastly, my name is misspelled
in the Summary of Evidence. It should be S-h-a-i-k-h or S-h-e-i- k-h,
but not S-h-a-y-k-h, as it is in the subject line.
PRESIDENT: Would you like to add anything to that,
Khalid Sheikh Muhammad?
PERSONAL REPRESENTATIVE: Final statement.
DETAINEE: No, I just want to ask about
witnesses.
PRESIDENT: Okay, ah, let's finish with these then I
will get to the witnesses.
DETAINEE: Okay.
PRESIDENT: Try to keep it in order.
PRESIDENT: You want to continue, PR? Do you have
have another statement?
PERSONAL REPRESENTATIVE: That concludes this
Detainee's response to the, ah, unclassified summary of evidence, sir.
PRESIDENT: Oh.
CALLING OF WITNESSES
PRESIDENT: We will now allow for the
calling of witnesses. All witnesses called before this Tribunal may be
questioned by the Detainee if present, the Personal Representative, the
Recorder, and the Tribunal Members.
PRESIDENT: Does the Recorder have
any witnesses to present?
RECORDER: No, sir.
PRESIDENT: Alright.
PRESIDENT: From the Detainee Election Form and I
was informed earlier that the Detainee requested the presence of two
witnesses to testify here today. Ramzi bin al-Shibh and Mustafa Hawsawi.
The Detainee believes the witnesses can provide testimony related to the
Detainee's actions specified in the unclassified summary of the
evidence.
PRESIDENT: I have had the opportunity to review
the request for witnesses and I have made some findings and I'm going to
place them on the record now and when I conclude that, Khalid Sheikh
Muhammad, you may respond to that if you'd like.
PRESIDENT: First the request for Rarnzi bin al-Shib,
the proffer of the testimony from the Detainee was that Ramzi is alleged
to have been present during the al Jazeera interview in June 2002 during
which it is said the Detainee claimed to be head of al Qaida Military
Committee. The Detainee claims he never stated that, to be the head of
the Military Committee, during the interview and states that Ramzi, if
called, can confirm this.
PRESIDENT: This witness is not
relevant in the President's view for the following reasons. In the
totality of the circumstances and given the nature and quality of the
other unclassified evidence, the Detainee's alleged statements as
reported al Jazeera are of limited value and negligible relevancy to the
issue of combatant status. As such, any corroboration or contradiction
by the proffered witness is not relevant. The creditability
determinations with regard to R-2, which is the al Jazeera article, can
be made by the Tribunal without the proffered testimony. As such, the
Detainee's request for the production of that witness is denied.
PRESIDENT: As to the request for
Mustafa Hawsawi, ah, it is proffered that Hawsawi, if called, could
testify that the computer/hard drive referenced in the unclassified
summary was not this Detainee's property and that the place of the
Detainee's capture was not the house of the Detainee. In the President's
view this testimony is not
relevant to the issues regarding the Detainee's capture or his combatant
status for the following reasons.
PRESIDENT: Whether the Detainee had
actual legal title or ownership of the computer/hard drive or the house
where the capture took place is irrelevant to the determination of the
Detainee's status as an enemy combatant. Based on the proffer, if true,
Hawsawi's testimony will not provide relevant information. The issue of
ownership, while of some interest, is not relevant to status. What is
relevant is possession, usage, connection and presence. Hawsawi's
testimony will not speak to any relevant information in regard to such
points. As such, the request for the production of that witness is
denied.
PRESIDENT: If you would like to respond to that, I'll
hear you.
DETAINEE: Most of these facts which
be written are related to this hard drive. And more than eleven of
these facts are related to this computer. Other things are which is very
old even nobody can bring any witnesses for that as you written here if
it will be ah a value for you for the witness near by you will do it.
This computer is not for me. Is for Hawsawi himself. So I'm saying I
need Hawsawi because me and him we both been arrested day. Same way. So
this computer is from him long time. And also the problem we are not in
court and we are not judge and he is not my lawyer but the procedure has
been written reported and the way has mostly as certain charged against
me; tell him, [Arabic Phrase].
TRANSLATOR: [Translating] They are
only accusations.
DETAINEE: So accusations. And the
accusations, they are as you put for yourself ah definition for enemy
combatant there are also many definitions for that accusation of fact or
charges that has been written for any ah, [Arabic Phrase].
TRANSLATOR: [Translating] Person is
accused.
DETAINEE: So, if I been
accused then if you want to put facts against me also the definition for
these facts. If you now read number N now what is written the bojinka
plot. Is known many lead investigation it is not related to anything
facts to be against me. So when I said computer hard drive/hard disk,
same thing. All these point only one witness he can say yes or not cause
he is this computer is under his possession him computer. And also
specifically if he said Mohammad Atta picture been this hard drive. I
don't think this should accepted. There are many 100 thousand Americans
who have a lot of picture on their computer. You cannot say I find
Muhammad Atta on your computer then you use this fact against you. Or
you find any files in your computer to be what about it's mine, it's not
my computer. If this witness, he will state that this known and here
that has been ninety percent of what is written is wrong. And for Ramzi,
for reporter in Jazeera, he claimcd that I state this one and you know
the media man. How they are fashionable. What they mean in their own way
in a whole different way. They just wrote it so he say I state. But I
never stated and I don't have any witnesses and witness are available
here at Guantanamo. He is Detainee. He was with me. Which he been mostly
in all my interview with him. Me and them, there was three person, me
and Ramzi and this reporter. So if you not believe me, not believe him,
believe my witness Ramzi. Then he's what he state the reporter most is
false. I not denying that I'm not an enemy combatant about this war but
I'm denying the report. It not being written in the proper way. Which is
really facts and mostly just being gathered many information. General
information that form in way of doing, to use in facts against me.
PRESIDENT: I have heard and understood your
argument. In order for me to make my determinations regarding the
production of witnesses I first have to believe that they are relevant
for the reasons that I have stated. For the reasons I have stated, I do
not believe they are relevant. Whether or not they may be available here
on Guantanamo, is a second decision to be made, but only if I decide
they are relevant. I have heard your arguments. I noted them. However,
my ruling stands.
PRESIDENT: The Recorder has no witnesses, is
that my understanding?
RECORDER: No, sir.
PRESIDENT: And there are no other approved
witnesses to taken up. Ah, we will take a brief moment to review the
unclassified evidence that we received so far and then we will pick back
up in the proceeding.
MEMBER: If I might ask a question real quick of
the PR. This is the entire translation of the hand written notes?
PERSONAL REPRESENTATIVE: Yeah. The hand written notes
are the Detainee is on yellow.
MEMBER: Yes.
PERSONAL REPRESENTATIVE: And, then the next set
of notes, hand written notes, are the Linguist's translation and then
the final hard copy printed that's, ah, that...
MEMBER: Type written.
PERSONAL REPRESENTATIVE: Typed from Linguist's notes.
MEMBER: Type from Linguist's translations. Okay.
PRESIDENT: Khalid Sheikh Muhammad, I did not offer you
an oath early because I was informed by the Personal Representative that
you would be making some statement later on in these proceedings
relevant to the truthfulness of your comments. So, if you would like to
take an oath I would administer one to you but I did understand that you
going to make a statement.
DETAINEE: In the final statement, I will explain why
then.
PRESIDENT: Alright. Thank you. [Tribunal pauses to
review D-a thru D-d]
MEMBER: Seen those.
TRANSLATOR: Sir.
PRESIDENT: Yes.
TRANSLATOR: He wanted me to translate a Koranic verse
on the spot.
PRESIDENT: I will permit it.
TRANSLATOR: Thank you.
TRANSLATOR: Can I ask him for clarification?
PRESIDENT: Yes.
PRESIDENT: Do you need a few more moments, Translator?
TRANSLATOR: Yes, sir, about thirty seconds.
PRESIDENT: Go ahead and take your time.
TRANSLATOR: Would you me to read the English
translation after he read Arabic verse or would like him to read it.
PRESIDENT: You want to save that for later?
TRANSLATOR: [Nods head]
PRESIDENT: Alright.
PRESIDENT: Let me take up a few
things that have come up as based on my review of these documents that
have been provided to us so far. D-d, appears to be a written statement
regarding certain treatment that you claim to have received at the hands
of agents of the United Stated government as you indicated from the time
of your capture in 2003 up until before coming here to Guantanamo in
September 2006.
PRESIDENT: Is that correct?
DETAINEE: Yes.
PRESIDENT: Alright.
PRESIDENT: Now, I haven't seen any
statements in the evidence we receive so far that claim to come from you
other than acknowledging whether you were or not the head of the
Military Committee. Were any statements that you made as the result of
any of the treatment that you received during that time frame from 2003
to 2006? Did you make those statements because of the treatment you
receive from these people?
DETAINEE: Statement for whom?
PRESIDENT: To any of these
interrogators.
DETAINEE: CIA peoples. Yes. At the
beginning when they transferred me [REDACTED].
PRESIDENT: What I'm trying to
get at is any statement that you made was it because of this treatment,
to use your word, you claim torture. Do you make any statements because
of that?
TRANSLATOR: Sir, for clarification.
PRESIDENT: Can you translate it?
TRANSLATOR: I will translate in
Arabic.
PRESIDENT: Yes.
TRANSLATOR: [Translating above]
DETAINEE: I ah cannot remember now
[REDACTED] I'm senior man. Many people they know me which I don't them.
I ask him even if he knew George Bush. He said, yes I do. He don't know
you that not means its false. [REDACTED]. I said yes or not. This I
said.
PRESIDENT: Alright, I understand.
PRESIDENT: Is there anything you would like to
correct, amend, modify or explain to us from what you said back then?
DETAINEE: I want to just it is not related enemy
combatant but I'm saying for you to be careful with people. That you
have classified and unclassified facts. My opinion to be fair with
people. Because when I say, I will not regret when I say I'm enemy
combatant. I did or not I know there are other but there are many
Detainees which you receive classified against them maybe, maybe not
take away from me for many Detainees false witnesses. This only advice.
PRESIDENT: So you are aware that
other...
DETAINEE: Yes.
PRESIDENT People made false
statement as a result of this?
DETAINEE: I did also.
PRESIDENT: Uh huh.
DETAINEE: I told him, I know him
yes. There are and they are. Not even you show me. This I don't know him
I never met him at all. So, unclassified which is both classified and
unclassified so this is you know him you don't know him.
You have to be fair with people. There are many many
people which they have never been part of the Taliban. Afghanistan there
have been many people arrested for example people who have been arrested
after October 2001 after make attack against Afghanistan many of them
just arrive after they don't what has happen. When Russian came to
Afghanistan they felt they went back but they did anything with Taliban
and al Qaida then came after that. I don't know why it was younger
people same thing for Afghanis people they show Afghanis people. I will
give example one. His name is Sayed Hahib. This I remember. [REDACTED]
PRESIDENT: Alright.
PRESIDENT: Now what.
DETAINEE: For me nothing which
was recorded. For which is written here is not related.
PRESIDENT: I understand.
PRESIDENT: I do note that in one of the exhibits you
indicate you are not under any pressure or duress today. Is that
correct?
DETAINEE: That is about I'm hearing today. Yes.
PRESIDENT: So anything.
DETAINEE: Some of this
information, I not state it to them.
PRESIDENT: The information that you are telling us
today, so we are clear. You do not believe you are under any pressure or
threat or duress to speak to us today, is that correct?
DETAINEE: Yes, that's correct.
PRESIDENT: Alright.
PRESIDENT: Now what you have told us about your
previous treatment is on the record of these proceeding now and will be
reported for any investigation that may be appropriate. Also, we will
consider what you have told us in making our determination regarding
your enemy combatant status.
DETAINEE: I hope you will take care of other
Detainees with what I said. It's up to you.
PRESIDENT: I will do as I've said. I'll see to
it that it is reported.
PRESIDENT: Alright. At this point, we are going
to go into the final statement but I do want to give the opportunity to
the Recorder, PR, and Tribunal member to ask questions if they would
like. So, what will do is proceed then to the Detainee's final statement
and then I'll have a question and answer session following that. Alright
just give me a moment.
PRESIDENT: Alright.
PRESIDENT: Khalid Sheikh Muhammad, this
concludes the presentation of unclassified information to the Tribunal.
We are about to conclude the unclassified portion of the hearing. Do you
wish to now make any final statement to the Tribunal? You have the
assistance of your PR.
DETAINEE: I make a two part. Maybe he will read
then I will go also.
PRESIDENT: Very well. You may continue.
PERSONAL REPRESENTATIVE: Mr. President, the Detainee
has asked me to read his final statement to the Tribunal with the
understanding he may interject or add statements if he needs to, to
correct what I say. According to the Detainee:
"I hereby admit and affirm without duress to the
following:
I. I swore Bay'aat (i.e., allegiance) to Sheikh Usama
Bin Laden to conduct Jihad of self and money, and also Hijrah (i.e.,
expatriation to any location in the world where Jihad is required).
2. I was a member of the Al Qaida Council.
3. I was the Media Operations Director for Al-Sahab,
or 'The Clouds,' under Dr. Ayman Al-Zawahiri. Al-Sahab is the media
outlet that provided Al-Qaida-sponsored information to Al Jazeera.
Four."
DETAINEE: [speaking inaudibly to Personal
Representative]
PRESIDENT: Please tell.
PERSONAL REPRESENTATIVE: In other channels or other
media outlets.
PRESIDENT: Thank you.
PERSONAL REPRESENTATIVE: [continuing] "4. I was the
Operational Director for Sheikh Usama Bin Laden for the organizing,
planning, follow-up, and execution of the 9/11 Operation under the
Military Commander, Sheikh Abu Hafs Al-Masri Subhi Abu Sittah.
5. I was the Military Operational Commander for all
foreign operations around the world under the direction of Sheikh Usama
Bin Laden and Dr. Ayman Al-Zawahiri.
6. I was directly in charge, after the death of Sheikh
Abu Hafs Al-Masri Subhi Abu Sittah, of managing and following up on the
Cell for the Production of Biological Weapons, such as anthrax and
others, and following up on Dirty Bomb Operations on American soil.
7. I was Emir (i.e., commander) of Beit Al Shuhada
(i.e., the Martyrs' House) in the state of Kandahar, Afghanistan, which
housed the 9/11 hijackers. There I was responsible for their training
and readiness for the execution of the 9/l1 Operation. Also, I hereby
admit and affirm without duress that I was a responsible participant,
principal planner, trainer, financier (via the Military Council
Treasury), executor, and/or a personal participant in the following:
1. I was responsible for the 1993 World Trade Center
Operation.
2. I was responsible for the 9/11 Operation, from A to
Z.
3. I decapitated with my blessed right hand the head
of the American Jew, Daniel Pearl, in the city of Karachi, Pakistan. For
those who would like to confirm, there are pictures of me on the
Internet holding his head.
4. I was responsible for the Shoe Bomber Operation to
down two American airplanes.
5. I was responsible for the Filka Island Operation in
Kuwait that killed two American soldiers.
6. I was responsible for the bombing of a nightclub in
Bali, Indonesia, which was frequented by British and Australian
nationals.
7. I was responsible for planning, training,
surveying, and financing the New (or Second) Wave attacks against the
following skyscrapers after 9/11:
a. Library Tower, California.
b. Sears Tower, Chicago.
c. Plaza Bank, Washington state.
d. The Empire State Building, New York City.
8. I was responsible for planning, financing, &
follow-up of Operations to destroy American military vessels and oil
tankers in the Straights of Hormuz, the Straights of Gibraltar, and the
Port of Singapore.
9. I was responsible for planning, training,
surveying, and financing for the Operation to bomb and destroy the
Panama Canal.
10. I was responsible for surveying and financing for
the assassination of several former American Presidents, including
President Carter.
11. I was responsible for surveying, planning, and
financing for the bombing of suspension bridges in New York.
12. I was responsible for planning to destroy the
Sears Tower by burning a few fuel or oil tanker trucks beneath it or
around it.
13. I was responsible for planning, surveying, and
financing for the operation to destroy Heathrow Airport, the Canary
Wharf Building, and Big Ben on British soil.
14. I was responsible for planning, surveying, fu'ld
financing for the destruction of many night clubs frequented by American
and British citizens on Thailand soil
15. I was responsible for surveying and financing for
the destruction of the New York Stock Exchange and other financial
targets after 9/11.
16. I was responsible for planning, financing, and
surveying for the destruction of buildings in the Israeli city of Elat
by using airplanes leaving from Saudi Arabia.
17. I was responsible for planning, surveying, and
financing for the destruction of American embassies in Indonesia,
Australia, and Japan.
18. I was responsible for surveying and financing for
the destruction of thc Israeli embassy in India, Azerbaijan, the
Philippines, and Australia.
19. I was responsible for surveying and financing for
the destruction of an Israeli 'El-Al' Airlines flight on Thailand soil
departing from Bangkok Airport.
20. I was responsible for sending several Mujahadeen
into Israel to conduct surveillance to hit several strategic targets
deep in Israel.
21. I was responsible for the bombing ofthe hotel in
Mombasa that is frequented by Jewish travelers via EI-AI airlines.
22. I was responsible for launching a Russian-made
SA-7 surfaee-to-air missile on EI-AI or other Jewish airliner departing
from Mombasa.
23. I was responsible for planning and surveying to
hit American targets in South Korea, such as American military bases and
a few night clubs frequented by American soldiers.
24. I was responsible for financial, excuse me, I was
responsible for providing financial support to hit American, Jewish, and
British targets in Turkey.
25. I was responsible for surveillance needed to hit
nuclear power plants that generate electricity in several U.S. states.
26. I was responsible for planning, surveying, and
financing to hit NATO Headquarters in Europe.
27. I was responsible for the planning and surveying
needed to execute the Bojinka Operation, which was designed to down
twelve American airplanes full of passengers. I personally monitored a
round-trip, Manila-to-Seoul, Pan Am flight.
28. I was responsible for the assassination attempt
against President Clinton during his visit to the Philippines in 1994 or
1995.
29. I was responsible for the assassination attempt
against Pope John Paul the second while he was visiting the
Philippines."
DETAINEE: I was not responsible, but
share.
PERSONAL REPRESENTATIVE: I shared responsibility. I
will restate number twenty nine.
29. "I shared responsibility for the assassination
attempt against Pope John Paul the second while was visiting the
Philippines.
30. I was responsible for the training and financing
for the assassination of Pakistan's President Musharaf.
31. I was responsible for the attempt to destroy an
American oil company owned by the Jewish former Secretary of State,
Henry Kissinger, on the Island of Sumatra, Indonesia."
PERSONAL REPRESENTATIVE: Sir, that concludes the
written portion of the Detainee's final statement and as he has alluded
to earlier he has some additional comments he would like to make.
PRESIDENT: Alright. Before you proceed, Khalid Sheikh
Muhammad, the statement that was just read by the Personal
Representative, were those your words?
BEGIN DETAINEE ORAL STATEMENT
Yes. And I want to add some of this one just for some
verification. It like some operations before I join al Qaida. Before I
remember al Qaida which is related to Bojinka Operation I went to
destination involve to us in 94 ,95. Some Operations which means out of
al Qaida. It's like beheading Daniel Pearl. It's not related to al
Qaida. It was shared in Pakistani. Other group, Mujahadeen. The story of
Daniel Pearl, because he stated for the Pakistanis, group that he was
working with the both. His mission was in Pakistan to track about
Richard Reed trip to Israel. Richard Reed, do you have trip? You send it
Israel to make set for targets in Israel. His mission in Pakistan from
Israeli intelligence, Mosad, to make interview to ask about when he was
there. Also, he mention to them he was both. He have relation with CIA
people and were the Mosad. But he was not related to al Qaida at all or
DBL. It is related to the Pakistan Mujahadeen group.
Other operations mostly are some word I'm not accurate in saying.
I'm responsible but if you read the heading history. The line there
[Indicating to Personal Representative a place or Exhibit D-c].
PERSONAL REPRESENTATIVE: [Reading] "Also, hereby admit
and affirm without duress that I was a responsible participant,
principle planner, trainer, financier."
DETAINEE: For this is not necessary as I responsible,
responsible. But with in these things responsible participant in
finances.
PRESIDENT: I understand. I
want to be clear, though, is you that were the author of that document.
DETAINEE: That's right.
PRESIDENT: That it is true?
DETAINEE: That's true.
PRESIDENT: Alright. You may continue with your
statement.
DETAINEE: Okay. I start in Arabic.
PRESIDENT: Please.
DETAINEE (through translator): In the name of God the
most compassionate, the most merciful, and if any fail to retaliation by
way of charity and I apologize. I will start again. And if any fail to
judge by the light of Allah has revealed, they are no better than wrong
doers, unbelievers, and the unjust.
DETAINEE: For this verse, I not take the oath. Take an
oath is a part of your Tribunal and I'll not accept it. To be or accept
the Tribunal as to be, I'll accept it. That I'm accepting American
constitution, American law or whatever you are doing here. This is why
religiously I cannot accept anything you do, Just to explain for this
one, does not mean I'm not saying that I'm lying. When I not take oath
does not mean I'm lying. You know very well peoples take oath and they
will lie. You know the President
he did this before he just makes his oath and he lied. So sometimes when
I'm not making oath does not mean I'm lying.
PRESIDENT: I understand.
DETAINEE: Second thing. When I
wrote this thing, I mean, the PR he told me that President may stop you
at any time and he don't like big mouth nor you to talk too much. To be
within subject. So, I will try to be within the enemy combatant subject.
PRESIDENT: You can say whatever you'd like to
say so long as it's relevant to what we are discussing here today.
DETAINEE: Okay, thanks.
DETAINEE: What I wrote here, is not I'm making
myself hero, when I said I was responsible for this or that. But your
are military man. You know very well there are language for any war. So,
there are, we are when I admitting these things I'm not saying I'm not
did it. I did it but this the language of any war. If America they want
to invade Iraq they will not send for Saddam roses or kisses they send
for a bombardment. This is the best way if I want. If I'm fighting for
anybody admit to them I'm American enemies. For sure, I'm American
enemies, Usama bin Laden, he did his best press conference in American
media. Mr. John Miller he been there when he made declaration against
Jihad, against America. And he said it is not no need for me now to make
explanation of what he said but mostly he said about American military
presence in Arabian peninsula and aiding Israel and many things. So when
we made any war against America we are jackals fighting in the nights. I
consider myself, for what you are doing, a religious thing as you
consider us fundamentalist. So,
we derive from religious leading that we consider we and George
Washington doing same thing. As consider George Washington as hero.
Muslims many of them are considering Usama bin Laden. He is doing same
thing. He is just fighting. He needs his independence. Even we think
that, or not me only. Many Muslims, that al Qaida or Taliban they are
doing. They have been oppressed by America. This is the feeling of the
prophet. So when we say we are enemy combatant, that right. We are. But
I'm asking you again to be fair with many Detainees which are not enemy
combatant. Because many of them have been unjustly arrested. Many, not
one or two or three. Cause the definition you which wrote even from my
view it is not fair. Because if I was in the
first Jihad times Russia. So I have to be Russian enemy. But America
supported me in this because I'm their alliances when I was fighting
Russia. Same job I'm doing. I'm fighting. I was fighting there Russia
now I'm fighting America. So, many people who been in Afghanistan never
live. Afghanistan stay in but they not share Taliban or al Qaida. They
been Russian time and they cannot go back to their home with their
corrupted government. They stayed there and when America invaded
Afghanistan parliament. They had been arrest. They never have been with
Taliban or the others. So many people consider them as enemy but they
are not. Because definitions are very wide definition so people they
came after October of 2002, 2001.
When America invaded Afghanistan, they just arrive in Afghanistan
cause the hear there enemy. They don't know what it means al Qaida or
Usama bin Laden or Taliban. They don't care about these things. They
heard they were enemy in Afghanistan they just arrived.
As they heard first time Russian invade Afghanistan. They
arrive they fought when back than they came. They don't know what's
going on and Taliban they been head of government.
You consider me even Taliban even the president of
whole government. Many people they join
Taliban because they are the government. When Karzai they came they join
Karzai when come they join whatever public they don't know what is going
on. So, many Taliban fight even the be fighters because they just
because public. The government
is Taliban then until now CIA don't have exactly definition well who is
Taliban, who is al Qaida. Your Tribunal now
are discussing he is enemy or not and that is one of your jobs. So this
is why you find many Afghanis people, Pakistanis people even, they don't
know what going on they just hear they are fighting and they help Muslim
in Afghanistan. Then what. There are some infidels which they came here
and they have to help them. But
then there weren't any intend to do anything against America.
Taliban themselves between Taliban they said
Afghanistan which they never again against 9/11 operation. The rejection
between senior of Taliban of what al Qaida are doing. Many of Taliban
rejected what they are doing. Even many Taliban, they not agree about
why we are in Afghanistan. Some of them they have been with us. Taliban
never in their life at all before America invade them the intend to do
anything against America. They never been with al Qaida. Does not mean
we are here as American now. They gave political asylum for many
countries. They gave for Chinese oppositions or a North Korean but that
does not mean they are with them same thing many of Taliban. They harbor
us as al Qaida does not mean we are together.
So, this is why I'm asking you to be fair with Afghanis and Pakistanis
and many Arabs which been in Afghanistan. Many of them been unjustly.
The funny story they been Sunni government they sent some spies to
assassinate UBL then we arrested them sent them to Afghanistani Taliban.
Taliban put them into prison. Americans they came and arrest them as
enemy combatant. They brought them here. So,
even if they are my enemy but not fair to be there with me. This is what
I'm saying. The way of the war, you know, very well, any country waging
war against their enemy the language of the war are killing. If man and
woman they be together as a marriage that is up to the kids, children.
But if you and me, two nations, will be together in war the others are
victims. This is the way of the language. You know 40 million people
were killed in World War One. Ten million kill in World War. You know
that two million four hundred thousand be killed in the Korean War. So
this language of the war. Any people who, when Usama bin Laden say I'm
waging war because such such reason, now he declared it.
But when you said I'm terrorist, I
think it is deceiving peoples. Terrorists, enemy combatant. All these
definitions as CIA you can make whatever you want.
Now, you told me when I ask about the witnesses, I'm
not convinced that this related to the matter. It is up to you. Maybe
I'm convinced but your are head and he [gesturing to Personal
Representative} is not responsible, the other, because your are head of
the committee. So, finally it's
your war but the problem is no definitions of many words. It would be
widely definite that many people be oppressed. Because war, for sure,
there will be victims. When I said I'm not happy that three thousand
been killed in America. I feel sorry even. I don't like to kill children
and the kids. Never Islam are, give me green light to kill peoples.
Killing, as in the Christianity, Jews, and Islam, are prohibited. But
there are exception of rule when you are killing people in
Iraq.
You said we have to do it. We don't like Saddam. But this is the way to
deal with Saddam. Same thing you are saying. Same language you use, I
use. When you are invading two- thirds of Mexican, you call your war
manifest destiny. It up to you to call it what you want. But other side
are calling you oppressors. If now George Washington. If now we were
living in the Revolutionary War and George Washington he being arrested
through Britain. For sure he, they would consider him enemy combatant.
But American they consider him as hero. This
right the any Revolutionary War they will be as George Washington or
Britain. So we are considered American Army bases which we have from
seventies in Iraq. Also, in the Saudi Arabian, Kuwait, Qatar, and
Bahrain. This is kind of invasion, but I'm not here to convince you. Is
not or not but mostly speech is ask you to be fair with people. I'm
don't have anything to say that I'm not enemy. This is why the language
of any war in the world is killing. I mean the language of the war is
victims. I don't like to kill people. I feel very sorry they been killed
kids in 9/11. What I will do? This is the language.
Sometime I want to make great awakening between American
to stop foreign policy in our land. I know American people are torturing
us from seventies. [REDACTED] I know they
talking about human rights. And I know it is against American
Constitution, against American laws. But they said every law, they have
exceptions, this is your bad luck you been part of the exception of our
laws. They got have something to convince me
but we are doing same language. But we are saying we have Sharia law,
but we have Koran. What is enemy combatant in my language?
DETAINEE (through translator): Allah forbids you not
with regards to those who fight you not for your faith nor drive you out
of your homes from dealing kindly and justly with them. For Allah love
those who are just. There is one more sentence. Allah only forbids you
with regards to those who fight you for your faith and drive you out of
your homes and support others in driving you out from turning to them
for friendship and protection. It is such as turn to them in these
circumstances that do wrong.
DETAINEE: So we are driving from whatever deed we do
we ask about Koran or Hadith. We are not making up for us laws. When we
need Fatwa from the religious we have to go back to see what they said
scholar. To see what they said yes or not. Killing is prohibited in all
what you call the people of the book, Jews, Judaism, Christianity, and
Islam. You know the Ten Commandments very well. The Ten Commandments are
shared between all of us. We all are serving one God. Then now kill you
know it very well. But war language also we have language for the war.
You have to kill. But you have to care if unintentionally or
intentionally target if I have if I'm not at the Pentagon. I consider it
is okay. If I target now when we target in USA we choose them military
target, economical, and political. So, war central victims mostly means
economical target. So if now American they know UBL. He is in this house
they don't care about his kids and his. They will just bombard it. They
will kill all of them and they did it. They kill wife of Dr. Ayman
Zawahiri and his two daughters and his son in one bombardment. They
receive a report that is his house be. He had not been there. They
killed them. They arrested my kids intentionally. They are kids. They
been arrested for four months they had been abused. So, for me I have
patience. I know I'm not talk about what's cone to me. The American have
human right. So, enemy combatant
itself, it flexible word. So I think God knows that many who been
arrested, they been unjustly arrested.
Otherwise, military throughout history know very well. They don't war
will never stop. War start from Adam when Cain he killed Abel until now.
It's never gonna stop killing of people. This is the way of the
language. American start the Revolutionary War then they starts the
Mexican then Spanish War then World War One, World War Two. You read the
history. You know never stopping war. This is life. But if who is enemy
combatant and who is not? Finally, I finish statement. I'm asking you to
be fair with other people.
PRESIDENT: Does that conclude your statement, Khalid
Sheikh Muhammad?
DETAINEE: Yes.
PRESIDENT: Alright.
DETAINEE QUESTION & ANSWER
PRESIDENT: Does the Personal Representative have
any questions for the Detainee based on his statement?
PERSONAL REPRESENTATIVE: No, Sir.
PRESIDENT: Does the Recorder have any questions for
the Detainee?
RECORDER: No, Sir.
PRESIDENT: Do either of the Tribunal members
wish to question the Detainee?
MEMBERS: No, sir. Nothing further Sir.
PRESIDENT: Alright.
CLOSING UNCLASSIFIED SESSION
PRESIDENT: All unclassified evidence having been
provided to the Tribunal, this concludes the open tribunal session.
PRESIDENT: Khalid Sheikh
Muhammad, you shall be notified of the Tribunal decision upon completion
of the review of these proceed by the Combatant Status Review Tribunal
convening authority in Washington, D.C. If, the Tribunal determines that
you should not be classified as an enemy combatant, you will be released
to your home country as soon as arrangements can be made. If however,
the Tribunal determines your classification as an enemy combatant you
may be eligible for an Administrative Review Board hearing at a future
date.
PRESIDENT: The Administrative Review Board will
make an assessment of whether there is continued reason to believe that
you pose a threat to the United States or its coalition partners in the
ongoing armed conflict against terrorist organizations such as al Qaeda
and its affiliates and supporters or whether there are other factors
bearing upon the need for continued detention.
PRESIDENT: You will have the
opportunity to be heard and to present relevant information to the
Administrative Review Board. You can present information from your
family and friends that might help you at that Board. You are encouraged
to contact them as soon as possible to begin to gather information that
may help you.
PRESIDENT: A military officer will be assigned
at a later date to assist you in the Administrative Review Board
process.
ADJOURN OPEN SESSION
PRESIDENT: The open session of this Tribunal
hearing is adjourned.
RECORDER: The time is 2:43pm. The date is 10
March 2007.
RECORDER: All Rise.
[The Tribunal withdrew from the hearing room]
AUTHENTICATION
I certify the material contained in this transcript is
a true and accurate verbatim rendering of the testimony and English
language translation of Detainee's words given during the open session
of the Combatant Status Review Tribunal of ISN 10024.
[REDATED]
CAPT JAGC USN
Tribunal President
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