
A release from the department said that the Office of Military Commissions had referred charges to a military commission in the case of "United States v. Khalid Sheikh Mohammed, Walid Muhammad Salih Mubarak Bin 'Attash, Ramzi Binalshibh, Ali Abdul Aziz Ali, and Mustafa Ahmed Adam al Hawsawi.
Per the release, with the case being referred to the capital military commission means, if convicted, the five accused could be sentenced to death. It added that according to the reforms in the Military Commissions Act of 2009, each of the five accused have been provided, in addition to their detailed defense counsel, learned counsel, possessing specialised knowledge and experience in death penalty cases, to assist them in their defense.
According to the charge sheets, the five accused are charged with terrorism, hijacking aircraft, conspiracy, murder in violation of the law of war, attacking civilians, attacking civilian objects, intentionally causing serious bodily injury, and destruction of property in violation of the law of war. The convening authority has referred all charges to a joint trial.
The release further added that the five accused will be arraigned at Naval Station Guantanamo Bay, Cuba, within 30 days of service of the referred charges upon them. Additionally, in accordance with Military Commissions rules and procedures, the chief judge of the Military Commissions Trial Judiciary will assign a military judge to the case.
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