Pentagon seeks charges for embassy bombing suspect
31 Mar 2008 16:20:12 GMT Source: Reuters
(Adds details throughout) By Kristin Roberts WASHINGTON, March 31 (Reuters) - The Pentagon on Monday sought murder and terrorism charges against a suspect in the 1998 U.S. Embassy bombing in Tanzania, and will seek the death penalty if the man is convicted. The nine charges against Ahmed Khalfan Ghailani allege the Tanzanian, now held at the U.S. military prison at Guantanamo Bay, Cuba, helped plan and prepare the truck bomb that killed 11 and wounded at least 85. A near simultaneous bombing in Kenya killed 213. "Six of the nine charges carry the maximum penalty of death and the chief prosecutor has recommended that this case be referred as capital, thereby seeking to bring this as a death penalty case," said Brig. Gen. Thomas Hartmann, legal adviser at the Guantanamo camp. Ghailani last year confessed and apologized for supplying equipment used in the Tanzania bombing, saying he did not know the supplies would be used to attack the embassy. During that 2007 hearing, which determined whether detainees should be classified as "enemy combatants," Ghailani said he bought the TNT used in the bombing and a cell phone used by another person involved in the attack. Ghailani said he was present when a third person bought a truck used in the attack. U.S. military prosecutors also accuse him of scouting the embassy, meeting with co-conspirators in Nairobi and fleeing to Pakistan a day before the August bombing. Prosecutors recommended murder, conspiracy and terrorism charges, among others, the Pentagon said. They also sought a charge of providing material support to terrorism because, according to the U.S. military, Ghailani continued to work for al Qaeda as a document forger, trainer and bodyguard for Osama bin Laden after the embassy bombing. Ghailani has said he was not a member of al Qaeda but worked for the group. The charges must be approved by a Pentagon appointee who oversees the war court at the U.S. naval base at Guantanamo before trial proceedings can begin. If the case is referred as capital, allowing for the death penalty, a unanimous decision from the 12-member military jury would be needed to determine guilt and the sentence. Ghailani is the 15th detainee to be charged in the war court. In February, the Pentagon sought murder charges against Khalid Sheikh Mohammed and five others for their alleged role in the Sept. 11, 2001, attacks. But civil rights groups have questioned whether Guantanamo prisoners can get a fair hearing and say the death penalty should not be considered under a court system they see as flawed. Washington has faced fierce criticism worldwide for the detention without charge -- often for years -- of suspected al Qaeda and Taliban members at Guantanamo. The trial system for those charged has been denounced too. The Guantanamo tribunals are the first U.S. war crimes tribunals since World War II. They were established after Sept. 11 to try non-American captives whom the U.S. government considers "enemy combatants" not entitled to the legal protections granted soldiers and civilians. Human Rights Watch has said the cases should be moved to federal civilian court. (Reporting by Kristin Roberts, editing by Todd Eastham)
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