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Guantanamo Yemeni calls for trial in US federal system

Wednesday, January 27, 2010
WASHINGTON: Defense lawyers for a Yemeni man accused of being an aide to Osama bin Laden launched an appeal Tuesday against his life sentence, arguing he had the right to a new trial before a US federal court.

Ali Hamza Ahmad al-Bahlul, said to have been an aide and media secretary to the Al-Qaeda leader, was convicted in November 2008 by a military commission at the US naval base in Guantanamo Bay, Cuba.

He was sentenced to life imprisonment on charges of conspiracy, solicitation to murder and terrorist acts, as well as providing material support for terrorism.

But his lawyer told a Washington appeals court that Bahlul had the right to a new trial in a federal court, and contested the evidence used to convict his client.

The main evidence rested on a video dating from October 2000 which the prosecution says was used to recruit new Al-Qaeda members.

"He may have advocated violence, anti-semitism and violence against women, but none of those are specific in time, place or means," said civilian defense lawyer Michel Paradis.

He also argued Bahlul had the right to invoke the First Amendment of the US Constitution, which upholds the right to freedom of speech and expression.

But that argument was rejected by the prosecution which said the video was an incitement to violence, and argued Bahlul was an "enemy combatant" who had been correctly tried before the military commissions.

The appeals court is due to make its ruling in the next month, a Pentagon source told media.

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