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| |  | | Ibrahim Ahmed Mahmoud Al Qosi | | | context : | Afghanistan  | | judgement place : | United States | | status : | Indicted | | particulars : | Prisoner in Guantanamo since December 2001; trial before a military commission began in 2004, suspended until October 2006; trial re-opened in February 2008, charges confirmed on 5 March 2008 | | position : | Former bodyguard and treasurer of Al Qaeda in Afghanistan |
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| | | | Ahmed Mahmoud al Qosi was arrested on 30 November 2001 close to Tora Bora in Afghanistan. Since then he has been held as prisoner No 54 at the American military base in Guantanamo on the island of Cuba.
On 24 February 2004, his name was listed by the authorities as being part of a group of prisoners, including Ali Hamza Ahmed Sulayman al Bahul (See "related profiles"), to be judged by a military commission. The bill of indictment registered counts of conspiracy with intent to commit war crimes which included attacks against civilians, murder, wanton destruction of property and terrorism.
On 27 August 2004, his lawyer lodged a complaint saying that she did not have access to all of the documentation necessary for a professional defence of her client. Moreover, there was controversy as to whether the fact of providing logistic and financial support to a terrorist group could be qualified as a war crime.
On 9 November 2004, the proceedings against Al Qosi were officially suspended since the day beforehand a District Court had ruled that military commissions were in breach of the United States international obligations, under the 3rd Convention of Geneva of 1949. However, on 15 July 2005, a court of three judges reversed this decision on appeal, thus allowing the trial to be re-opened before the commission.
In July 2006, the United States Supreme Court found that the executive power did not have the right, by virtue of the USA Constitution, to create such a jurisdiction, as this prerogative belonged only to Congress.
On 17 October 2006, Congress adopted the Military Commission Act which authorised the creation of military commissions in order to judge individuals suspected of war crimes.
On 9 February 2008, Al Qosi was officially charged before the jurisdiction now authorised by Congress. On 5 March 2008, the counts with which he had been indicted beforehand were confirmed.
If found guilty he risks a sentence of life imprisonment. | |    | | Trial Watch would like to remind its users that any person charged by national or international authorities is presumed innocent until proven guilty. | |  |  | | nationality : | | | Sudan | | | date of birth : | | | 03.07.1960 | | | last time seen : | | | Guantanamo Bay | | | judgement period : | | | 27.02.2004 | | | charges : | | | War crimes | | | profile last modified : | | | 22.06.2008 |
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