Абд аль-Рахим аль-Нашири: путь от «Аль-Каиды» до Гуантанамо

Alleged al Qaeda mastermind

Abd al Rahim Hussein Muhammed Abdu al Nashiri (/audio=En us Abd Al Rahim Al Nashiri from Saudi Arabia pronunciation (Voice of America). ogg//ɑː//b//ɪ//d// //æ//l//r//ɑː//'//h//iː//m// //æ//l//n//ɑː//'//ʃ//iː//r//iː/; عبد الرحيم حسين محمد عبده النشري; born January 5, 1965) is a Saudi Arabian citizen alleged to be the mastermind of the bombing of USS Cole and other maritime attacks. He is alleged to have headed al Qaeda operations in the Persian Gulf and the Gulf states prior to his capture in November 2002 by the CIA's Special Activities Division. Al Nashiri was captured in Dubai in 2002 and held for four years in secret CIA prisons known as "black sites" in Afghanistan, Thailand, Poland, Morocco, Lithuania and Romania, before being transferred to the Guantanamo Bay detention camp. While being interrogated, al Nashiri was waterboarded, a technique since classified as torture. In 2005 the CIA destroyed the tapes of Nashiri's waterboarding. In another incident he was naked and hooded and threatened with a gun and a power drill to scare him into talking. The charges were dropped in February 2009 and reinstated in 2011. As of 2011, al Nashiri is on trial before a military tribunal in Guantanamo on charges of war crimes that carry the death penalty. As it is extremely unlikely he would be freed if found not guilty, his lawyers have called the proceeding a show trial. In April 2019, a three judge panel of the United States Court of Appeals for the District of Columbia Circuit vacated all orders issued by Air Force Colonel Vance Spath, the presiding military judge over al Nashiri's case from November 2015, on the grounds that Spath had failed to properly disclose his ongoing employment negotiations with the Department of Justice to al Nashiri.

Born in Saudi Arabia, al Nashiri travelled to Afghanistan in the early 1990s to participate in attacks against the Russians in the region, at a time when the United States supported the mujahideen in such actions. In 1996, he travelled to Tajikistan and then Jalalabad, Afghanistan, where he first met Osama bin Laden. Bin Laden attempted to convince al Nashiri to join al Qaeda at this point, but he refused because he found the idea of swearing a loyalty oath to bin Laden to be distasteful. After al Nashiri travelled to Yemen, he is alleged to have begun to consider committing terrorist actions against United States interests. He is in American military custody in the Guantanamo Bay detention camp,

The Department of Defense announced on August 9, 2007, that all fourteen of the "high value detainees" who had been transferred to Guantanamo from the CIA's black sites, had been officially classified as "enemy combatants". Although judges Peter Brownback and Keith J. Allred had ruled two months earlier that only "illegal enemy combatants" could face military commissions, the Department of Defense waived the qualifier and said that all fourteen men could now face charges before Guantanamo military commissions.

Abd al Rahim al Nashiri was interrogated numerous times. At a 2007 hearing in a military court, he attributed his confessions of involvement in the USS Cole bombing to torture, including waterboarding. The details of torture that Nashiri offered at the hearing were redacted from the transcript. Through Freedom of Information Act requests, the American Civil Liberties Union was able to acquire less redacted versions of the transcripts from Abd al Rahim al Nashiri's Combatant Status Review Tribunal, and those of three other captives. In his opening statement, al Nashiri listed seven false confessions he had been coerced to make while being waterboarded. In August 2018, cables from the secret detention site overseen by Haspel, dating from November 2002 and likely authorized by if not written by her, were released because of a Freedom of Information lawsuit, and they describe the torture of Nashiri in detail, including slamming him against a wall, confining him to a small box, waterboarding him, and depriving him of sleep and clothing, as well as threatening to turn him over to others who would kill him and calling him “a little girl,” “a spoiled little rich Saudi,” and a “sissy.”

During the course of his tribunal, he claimed to have made additional confessions under the duress of torture. He was ostensibly the last of the al Qaeda suspects to be videotaped, as he was waterboarded in Thailand by CIA officers who questioned him. Shortly after, when a prisoner died in CIA custody in Iraq, the government agents decided against videotaping such interrogations, as this provided criminal "evidence" if things went wrong. All the CIA tapes showing detainees being waterboarded were destroyed in 2005. It was reported on August 22, 2009, that al Nashiri was the subject of what is described as a mock execution during his torture by the CIA. A power drill and a handgun were used. In May 2011, al Nashiri's lawyers filed a case against Poland with the European Court of Human Rights. They said that Al Nashiri was held and allegedly tortured in a secret CIA "black site" prison "north of Warsaw" (OSAW) from December 2002 to June 2003 with the collaboration or consent of the Polish government.

On February 5, 2009, al Nashiri's charges were withdrawn without prejudice.

On October 24, 2011, Lieutenant Commander Stephen Reyes filed a legal motion requesting that jurors in his case be informed that he may be detained in Guantanamo, even if he was acquitted of all charges. Al Nashiri's formal charges are scheduled to be announced at the Tribunal on November 9, 2011. Legal scholar Robert M. Chesney, of Lawfare, speculated al Nashiri would be detained, if acquitted, for at least several more years. Chesney argued that it would be just to continue to detain al Nashiri, even if he were acquitted, because conviction requires a higher standard of evidence than a habeas corpus petition. text = Eligibility for military detention, according to a now substantial body of habeas case law, turns on the preponderance of the evidence standard, as applied to a substantive test inquiring whether the person was a member of al Qaeda at the time of capture. One can satisfy that standard consistent with a military commission acquittal.|sign = Robert M. Chesney|source =

Presiding Officer James L. Pohl considered several motions during a pre trial hearing on April 11, 2012. He deferred rulings on many of them. He did rule to unshackle al Nashiri for meetings with his lawyers, who had argued that he was traumatized by being shackled for years in secret CIA prisons and that being shackled during meetings impairs his ability to work with his lawyers.

On May 8, 2012, Ali Soufan, al Nashiri's original FBI interrogator, asked whether a recently published book by former CIA official Jose Rodriguez would undermine al Nashiri's prosecution. Soufan's original FBI interrogation used the time tested, legal technique of rapport building. He has argued that the information derived from the suspect using this technique was reliable, whereas the confessions derived through torture were not. Rodriguez was in over all charge of the CIA's extended interrogation program.