A recent ruling by US military judge, Colonel Matthew N. McCall, has deemed 9/11 defendant, Ramzi bin al-Shibh, unfit to stand trial. Held in US custody at Guantanamo Bay, Cuba, al-Shibh has been found to be suffering from Post Traumatic Stress Disorder (PTSD) with “Secondary Psychotic Features”, a consequence of his alleged abuse in Central Intelligence Agency (CIA) custody. This finding followed a thorough evaluation by a medical panel.
Defining a person’s fitness to stand trial, the Rules for Military Commissions (RMC) as amended by the Military Commissions Act of 2009, states:
[It] is established by a preponderance of the evidence that the accused is presently suffering from a mental disease or defect rendering him or her mentally incompetent to the extent that he or she is unable to understand the nature of the proceedings or to conduct or cooperate intelligently in the defense of the case. In making this determination, the military judge is not bound by the rules of evidence except with respect to privileges.
Citing this definition, McCall ruled that al-Shibh is more than likely suffering from a mental disease or defect, thereby leaving him unable to cooperate intelligently in the defense of his case. This led to the conclusion that al-Shibh is unfit to stand trial.
Al-Shibh has been facing a multitude of charges like conspiracy, murder in violation of the law of war, attacking civilians and civilian objects, intentionally causing serious bodily injury, destruction of property in violation of the law of war, hijacking aircraft, and terrorism since 2011. His charges particularly pertain to his alleged coordination of the attack groups responsible for the September 11, 2001 attacks on multiple US sites.
The United Nations earlier this year released a report alleging human rights violations against detainees at Guantanamo Bay by the CIA. The controversial “enhanced interrogation techniques” employed by the CIA were named in the report, including methods like prolonged forced nudity, sleep deprivation, physical beatings, waterboarding, prolonged forced standing while chained, restrictive confinement in a small box, exposure to cold temperatures, and forced rectal feeding after prolonged food deprivation.