Ali al-Bahlul

Ali Hamza Ahmad Suliman al Bahlul (born September 11, 1969, Hudaydah, Yemen) is a Yemeni citizen who has been held as an enemy combatant since 2002 in the United States Guantanamo Bay detention camp. He boycotted the Guantanamo Military Commissions, arguing that there was no legal basis for the military tribunals to judge him.

He was convicted in November 2008 of performing media relations for the Saudi Osama bin Laden, the founder of Al-Qaeda, and sentenced to life imprisonment, after a jury of nine military officers deliberated for less than an hour.

The U.S. Court of Appeals for the District of Columbia overturned his conviction on January 25, 2013. The court ruled that the charges of which he was convicted were not recognized war crimes at the time he was accused of committing them.

Background
Joint Task Force Guantanamo counter-terrorism analysts describe Ali Hamza Ahmad Suliman al Bahlul as al Qaida's public relations director. He is alleged to have created propaganda videos glorifying attacks against the United States. He set up a satellite receiver for Osama bin Laden, the leader of the terrorist organization, to listen to live radio coverage of the September 11, 2001 attacks in the United States, which al Qaida caused.

He faced charges before the first Guantanamo military commissions, before the United States Supreme Court ruled that they were unconstitutional under existing executive authority. In 2004 he was held in solitary confinement.

Charged before a military commission




Bahlul faced charges before a Guantanamo military commission prior to the United States Supreme Court ruling in Hamdan v. Rumsfeld (2006) that the Bush Presidency lacked the constitutional authority to create military commissions. He was indicted along with Ibrahim Ahmed Mahmoud al Qosi.

Lieutenant Commander Philip Sundel, his first military defense attorney, described the difficulty in getting a security clearance for a translator to talk to his client. Sundel told CBS News: "There's virtually no chance he can get a fair trial."

Bahlul asked Peter Brownback, the president of the commissions, if he could represent himself. Al Bahlul and the question of whether detainees should be able to represent themselves were featured in the October 2007 issue of the Yale Law Journal in an article by Matthew Bloom entitled: "'I Did Not Come Here To Defend Myself': Responding to War on Terror Detainees' Attempts To Dismiss Counsel and Boycott the Trial". His most recent military lawyer is Major Thomas Fleener.

After the Supreme Court ruling, Congress passed the Military Commissions Act of 2006, to authorize military commissions at Guantanamo to hear and judge detainee cases. On February 9, 2008, Bahlul and Ibrahim Ahmed Mahmoud Al Qosi were charged before military commissions.

Carol Rosenberg of the Miami Herald, reported that Bahlul would be allowed to represent himself before the newly authorized military commissions, although he was not previously allowed to do so before the Presidentially authorized commissions. David McFadden of the Associated Press reported that only three reporters covered Bahlul's trial, associated with the Miami Herald, the Associated Press, and Reuters. The new law authorized detainees to represent themselves by choice.

Testimony of members of the "Buffalo Six"
In late October 2008, three of the men from the group known as the "Buffalo Six" testified at Bahlul's Guantanamo military commissions. They testified on having been shown a two-hour video that Bahlul produced.

Conviction
On November 3, 2008, Bahlul was convicted of conspiring with al-Qaeda, soliciting murder and providing material support for terrorism. At his sentencing, he admitted he was a member of Al-Qaeda, and was sentenced to life imprisonment. Through a translator, Bahlul said, "We will fight government that governs America, We are the only ones on Earth who stand against you."

Appeal
Rosenberg in the Miami Herald reported that Bahlul's military defense attorneys filed a 50-page appeal of his sentence on grounds of free speech. The appeal was the second filed with the Court for Military Commission Review. Bahlul had boycotted his military commission, so no defense was mounted. He also refused to participate in the appeal.

Rosenberg reported that the Obama Presidency has proposed a change to the process of appeals of the rulings and verdicts of military commissions. The proposed changes would have such appeals first heard by the Court of Appeals for the Armed Forces, which Rosenberg noted was a 58-year-old institution. In the current process, there is no appeal to rulings of the Court of Military Commission Review. Under the proposed changes, appeals could be taken up to the United States Supreme Court.

Jane Sutton, reporting for Reuters, wrote that when Al Bahlul's conviction was overturned it implied the highest profile trials, those against Khalid Sheikh Mohammed, and four other conspirators, also seemed more likely to face similar challenges. Al Bahlul's was the second of the seven Guantanamo convictions to be overturned, so far. Salim Ahmed Hamdan, who had only been convicted of "providing material support for terrorism" had his conviction overturned in 2012. Three of the other five individuals to be convicted had also only been convicted of "providing material support for terrorism".

Isolation from the other captives
Rosenberg has reported that, following his conviction, Al Bahlul was separated from the other captives. She said that the Department of Defense (DOD) justified the isolation because the "Geneva Conventions ... forbids convicts from being held with war prisoners."