Chief Prosecutor Mark Martins last night issued this statement regarding the progress to date in this week’s motions hearing in Al-Nashiri. It begins as follows:
Good afternoon. Yesterday and today, the military commission convened to try the charges against Abd Al-Rahim Hussayn Muhammad al Nashiri held sessions to consider pre-trial issues raised by the defense and the prosecution. I will briefly list these issues as they were heard, along with any results decided by the Commission.
- First, the Commission addressed whether it would consider any additional information regarding a motion to compel funding for an expert consultant (Appellate Exhibit 77). The Commission ruled that it would consider the briefs of the parties and the oral argument that took place on 17 July 2012, and that a ruling would be forthcoming.
- Second, the Commission addressed the government’s motion regarding the accused’s presence during the Commission’s proceedings (Appellate Exhibit 99). The Commission ruled that the presence of the accused would be required periodically to ensure, on the record and in open court, that the accused understands his right to be present and his ability to waive that right. Because the accused had not been advised of this right since April, the Commission recessed and ordered the accused to be present at the next session of court, which was this morning. Six related motions involving witnesses, discovery, continuance, and classified information were either denied by the Judge or mooted (Appellate Exhibits 106, 108, 111, 119, 121, and 122).
- Third, the Commission engaged in an inquiry with the accused concerning his right to be present and the procedure for waiving that right.