Association of Defence Counsel

On 29 October 2019, I observed the testimony of witness Adam Drucker, a former FBI Agent who was involved in the investigation into the 9/11 attacks. I have attempted to summarise the testimony below but attending the hearings for the first time this week without being able to fully read the background and documents beforehand, there are parts of the testimony which were slightly difficult to follow. This is also due to the fact that unfortunately the Military Commissions website is not accessible outside the US (www.mc.mil). Former Agent Drucker has been called by the defence team representing Mr. Baluchi as part of several hearings where the defence are asking for the suppression of the in

This morning was the first opportunity to attend the hearings in the 9/11 case. Proceedings started slightly later for the public gallery due to a short ex parte issue being discussed. Upon entering the gallery, the media and NGO representatives were sat to the left of the room and victims and family members were seated separately to the right. Much like the international courts and tribunals, soundproof glass windows separated the gallery from the courtroom but unlike the international courts there was a 40 second delay on the audio from the courtroom, this is in case any classified information is inadvertently released. The participants in the gallery were reminded of the rules and regula

Today started before sunrise, largely due to jet-lag, when I watched the sun come up over Camp Justice. I decided to venture of out camp and walked to Glass Beach, the closest beach to where we are staying. There was not a person in sight, and I took the opportunity to take in the scenery and nature. It all seemed very tranquil. The national anthem was later played across Guantanamo and others started to appear from the tents. A tour of Guantanamo Bay was scheduled for the day and also a tour of Courtroom 2, the courtroom where the 9/11 proceedings are taking place. The first stop for the day was Sunday Brunch at the BayView restaurant, located on the edge of the Bay with the company of a fe

On arrival at Guantanamo Bay, after a 3 hour flight from Andrews Air Force Base, we were taken by ferry across the Bay to Camp Justice. After collecting our luggage we were shown the NGO observer accommodation tents, one for the men and one for the woman. The accommodation in the military tents is basic, but comfortable, with separate tents with shared latrines and showers. After leaving our belongings in the tents we were taken to the Expeditionary Legal Complex (ELC) which houses the courtroom and buildings for the personnel involved in proceedings. We passed through security and obtained our security passes to the ELC for the week. We were given a briefing on what to expect and the proced

I am currently waiting in the Pasaenger Air Terminal at Joint Base Andrews awaiting the flight down to Guantanamo Bay. The departure lounge is filled with lawyers, Military Commissions personnel, media and other NGO observers all heading to Guantanamo for the next week. After checking in, the ten NGO representatives were given a briefing by one of the escorts on what to expect for the week in Guantanamo and the rules which need to be followed. There are representatives from several NGOs with a variety of backgrounds all with the same mandate to observe and report on this week’s proceedings in the United States v. Khalid Sheikh Mohammad, et al case (the 9/11 Trial). Further updates to follow.

Dominic Kennedy, Head of Office for the ADC-ICT, will be the first observer to go to Guantanamo Bay to observe per-trial proceedings in the United States v. Khalid Shaikh Mohammad, et al case (the 9/11 Trial). He will attend hearings between 28 October and 1 November 2019. Updates will be provided on this blog. According to background information provided by the defence team representing Mr. al Baluchi, most of the hearings will be devoted to witness testimony concerning Mr. al Baluchi’s motion to suppress alleged statements as involuntary and obtained by torture.