Transfer to the U.S. Guantánamo Bay prison in Cuba
DC.'' In December 2005,
Human Rights Watch listed al-Baluchi as a "
ghost detainee" held in the
CIA prison system. al-Baluchi was kept in CIA custody until 6 September 2006, when he was transferred to Guantanamo Bay Prison in Cuba. Al-Baluchi's attorney James G. Connell III visited him there in August 2013 under an order issued by the military commission. , al-Baluchi was stuck in a state of legal limbo, yet to face trial. No journalist has been able to talk to him since his detention, due to strict restrictions imposed by the US government. Declassified CIA documents revealed that the CIA had been using al-Baluchi as a human experiment for interrogators learning torture techniques. He was subjected to water dousing, cramped confinement,
sleep deprivation, put in stress positions and
walling. Medical professionals examining al-Baluchi reported serious consequences like brain damage,
traumatic brain injury and
post-traumatic stress disorder as a result of torture.
Combatant Status Review Tribunal (2007) US District Court Justice
Joyce Hens Green ruled that the
Combatant Status Review Tribunals were unconstitutional. Nevertheless, the
Department of Defense scheduled Tribunals for the 14 high-value captives who were transferred from covert
CIA custody, on 6 September 2006, for early winter of 2007. The Summary of Evidence memo for al-Baluchi's Combatant Status Review Tribunal was drafted on 8 February 2007. Al-Baluchi cooperated with his tribunal. Although he was not able to call
Khalid Sheikh Mohammed,
Saifullah Paracha or
Ramzi bin al-Shibh to testify about his lack of connection to al-Qaeda, he was permitted to have his legal representative field statements they had made. He chose to put forward the statements by Mohammed and bin al-Shibh as evidence, but not the statement by Paracha. Baluchi requested statements be garnered from
Modern Electronics Corporation personnel, including Samir Sharin, Mohammed Mayer, Asraf Mayer, Ammar al-Tesqui and Sayed Tesqui that would testify he had no connections to militant forces, and that his employee records would show that he left several days before the attacks because his
work permit had expired when MEC closed its Dubai branch. 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.
First military commission (2008) In February 2008, al-Baluchi was committed to a joint trial, charged with conspiracy, attacking civilians and civilian objects, causing serious bodily injury, murder, destruction of property, hijacking, terrorism and
providing material support for terrorism. al-Baluchi,
Walid Bin Attash, and
Khalid Sheikh Mohammed chose to serve as their own attorney. They requested laptops, and internet access, in order to prepare their defences. In October 2008,
Ralph Kohlmann ruled that the men be provided with the computers, but not the internet access. al-Baluchi's request said he was a Microsoft Certified software engineer. On 8 December 2008, Khalid Sheikh Mohammed told the judge that he and the other four indictees wished to plead guilty; however, the plea would be delayed until after
mental competency hearings for Hawsawi and bin al-Shibh. Mohammed said, "We want everyone to plead together."
Executive Order 13492 of Barack Obama (2009) On 22 January 2009,
United States President Barack Obama issued
Executive Order 13492, ordering a halt to the
Guantanamo military commission as part of the overall closure of
Guantanamo Bay Detention Camp. On 21 April 2009,
United States Senate minority leader
Mitch McConnell cited "Ali Abd al-Azeez Ali" as an example of the kind of captive
United States President Barack Obama might free in the United States when he closes the camp in January 2010, because he didn't know what else to do with him.
Second military commission (2011) In October 2011, in an operation called the "baseline review," the prison seized all legal materials belonging to "high-value detainees," starting with
Abd al-Rahim al-Nashiri. The prison also announced that it would change its previous policy and begin reviewing legal mail for its content. In response, the
Chief Defense Counsel (United States) ordered the attorneys under his supervision to stop sending privileged communications to Guantanamo prisoners. Under the
Chief Defense Counsel (United States) policy, Al-Baluchi could not receive mail from his attorneys until November 2013. On 4 April 2012, the Department of Defense referred
Guantanamo military commission charges against al-Baluchi and four other men for participation in the conspiracy leading up to the
September 11 attacks. On 5 May 2012, Military Judge
James Pohl arraigned al al-Baluchi, and appointed attorneys to represent him.
Preliminary hearing on admissibility of clean team evidence (2019) During a preliminary hearing, held on 17 September 2019, the prosecution released a transcript from a conversation al-Baluchi had with another captive, when they were in two nearby recreation yards. ==In popular culture==