The wreckage of the Sari nightclub and surrounding buildings in Kuta, Bali. Photo / AP
The wreckage of the Sari nightclub and surrounding buildings in Kuta, Bali. Photo / AP
A military panel at Guantanamo Bay, Cuba recommended 23 years in detention Friday for two Malaysian men in connection with deadly 2002 bombings in Bali, a spokesman for the military commission said.
The recommendation, following guilty pleas earlier this month under plea bargains for longtime Guantanamo detainees Mohammed Farik Bin Amin and Mohammed Nazir Bin Lep, marks comparatively rare convictions in the two decades of proceedings by the US military commission at Guantanamo.
Guantanamo military commission spokesman Ronald Flesvig confirmed the sentencing recommendations.
The extremist group Jemaah Islamiyah killed 202 Indonesians, foreign tourists and others in two nearly simultaneous bombings at nightspots on the resort island of Bali.
The two defendants denied any role or advance knowledge of the attacks but under the plea bargains admitted they had over the years conspired with the network of militants responsible. The sentence recommendation still requires approval by the senior military authority over Guantanamo.
The wreckage of the Sari nightclub and surrounding buildings are seen in this aerial view on October 15, 2002 in Kuta, Bali. Relatives of some of the more than 200 people killed in the 2002 bombings are testifying at a sentencing hearing at Guantanamo Bay in Cuba. Photo / AP
The two are among a total of 780 detainees brought to military detention at Guantanamo under the George W Bush’s administration’s “war on terror” following the September 11, 2001, attacks on the US There have been only a handful of convictions over the years — eight, according to one advocacy group, Reprieve.
Defendants in some of the biggest attacks, including 9/11, remain in pretrial hearings. Prosecutors are seeking negotiated agreements to close that case and some others.
The prosecutions have been plagued by logistical difficulties, frequent turnover of judges and others, and legal questions surrounding the torture of detainees during CIA custody in the first years of their detention.
The military’s head of defence for the Guantanamo prosecutions blamed the Bush administration’s early handling of the detainees — which included holding at secret “black sites” and torture in CIA custody — for the more than 20-year delay in the trial.
The slow pace “was extremely distressing and frustrated the desire of everyone for accountability and justice”, Brigadier General Jackie Thompson said in a statement.
Thirty detainees remain at Guantanamo. Sixteen of them have been cleared and are eligible for transfer out if a stable country agrees to take them. “The time for repatriating or transferring the cleared men is now,” Thompson said. He said the same for three others held at Guantanamo but never charged.
As part of their plea bargains, the two Malaysian men have agreed to provide testimony against a third Guantanamo detainee, an Indonesian man known as Hambali, in the Bali bombings.
Relatives of some of those killed in the Bali bombings testified in a hearing in advance of sentencing, with the two accused in the courtroom and listening attentively.
“The reach of this atrocity knew no bounds, and has affected very many people,” testified Matthew Arnold of Birmingham, England, who lost his brother in the attacks.
A panel of five military officers delivered the recommendation after listening to the sentencing testimony.
