Ramzi bin al-Shibh, a Yemeni, has been charged with conspiracy to commit terrorism, attacking civilians and civilian objects, causing serious bodily injury, murder in violation of the laws of war, destruction of property in violation of the laws of war, hijacking, terrorism, and providing material support for terrorism. The government plans to try bin al-Shibh with four others, all of whom are alleged to have been directly involved in the planning and execution of the September 11 terrorist attacks, and is seeking the death penalty for all of them.

The US government claims that bin al-Shibh was chosen by bin Laden to be one of the participants in the 9/11 hijacking, but was unable to take part when his repeated requests for a US visa were denied.

Although bin al-Shibh was reportedly arrested and transferred to US custody in September 2002, he was not transferred to Guantanamo until four years later. In the interim he was reportedly interrogated and held incommunicado in secret CIA detention facilities, where he was effectively "disappeared." A former Jordanian detainee claims that bin al-Shibh was initially rendered to Jordan, where he was badly tortured with electric shocks, long periods of sleep deprivation, forced nakedness, and made to sit on sticks and bottles (a form of sexual violence).

Bin al-Shibh's lawyers are arguing that bin al-Shibh may be unfit to stand trial and have asked that the proceedings against him and his four co-accused be stayed until his mental state is determined. They say he has been prescribed psychotropic drugs of the sort that are used to treat schizophrenia. Bin al-Shibh claims that he is mentally fit, has denounced his lawyers, and says that he wants to represent himself before the commissions.

On November 13, 2009, the Obama administration announced that bin al-Shibh would be transferred to federal court in New York for prosecution.

Human Rights Watch Commentary:

• Human Rights Watch press release, "US: Federal Court Prosecution of 9/11 Suspects a Victory for Justice," November 13, 2009
• Joanne Mariner commentary, "Is the US Putting Mentally Incompetent Terror Suspects on trial?" salon.com, September 29, 2008
• Stacy Sullivan commentary, "Sabotage in Guantánamo," salon.com, July 15, 2008
• Joanne Mariner commentary, "Arraigning the 9/11 suspects, Guantánamo-style," salon.com, June 7, 2008
• Human Rights Watch press release, "US: Don't Railroad 9/11 Case Through Military Commissions", June 4, 2008
• Human Rights Watch report section, "Double Jeopardy: CIA Renditions to Jordan", April 2008
• Human Rights Watch press release, "US: 9/11 Terrorist Suspects Should Be Tried in Federal Court", February 11, 2008
• Human Rights Watch briefing paper section, "The United States' ‘Disappeared': The CIA's Long-Term ‘Ghost Detainees'", October 2004

Military Commissions Documents:

• General Information Page
• Charges Sworn - February 11, 2008
• Charges referred - May 9, 2008

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