Walid Muhammad Salih Mubarek bin ‘Attash, 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 US government plans to try bin ‘Attash 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.

Bin ‘Attash is specifically accused of having been instructed by Osama bin Laden to obtain a US visa so he could travel to the US and receive pilot training in order to participate in the eventual hijacking. It is also alleged that he applied for a US visa in 1999 but was denied, after which the government claims he continued to do research for al-Qaeda and facilitated travel for the 9/11 hijackers.

Although bin ‘Attash was reportedly arrested and transferred to US custody in April 2003, he was not transferred to Guantanamo until September 2006. In the interim he was held incommunicado in secret CIA detention facilities, where he was effectively "disappeared."

In November 2009 Attorney general Eric Holder announced that Walid Muhammad Salih Mubarek bin 'Attash along with four co-defendents in the 9/11 prosecution, would be moved from Guantanamo to stand trial in federal district court in New York City. However, after New York officials raised objections based on purported security and cost concerns, the Obama administration suspended its decision to move the case to federal court. Finally, on April 4, 2011, Holder reversed course and announced that the co-defendants would be tried before a military commission in Guantanamo. Click on the link below for more information.

Human Rights Watch Commentary:

• Human Rights Watch press release, "US: Military Commission Trials for 9/11 Suspects a Blow to Justice," April 4, 2011
• uman 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 press release, "US: 9/11 Terrorist Suspects Should Be Tried in Federal Court," February 11, 2008
• Human Rights Watch briefing paper section, "‘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
• Charges sworn - May 31, 2011

Click here to return to the list of detainees.