Today, prosecutors in the Office of Military Commissions announced they intend to ask the convening authority to refer new charges under the recently-enacted Military Commissions Act of 2009 against Ahmed Mohammed Ahmed Haza al Darbi, in connection with his alleged involvement in an al Qaeda conspiracy to attack military and commercial shipping in the Port of Aden and the Strait of Hormuz.
This announcement follows the attorney general’s determination on Nov. 13, 2009, that a military commission was the appropriate forum for prosecution of al Darbi.
The prosecutors are reviewing this and other cases identified by the attorney general as appropriate for trial in a military commission and anticipate making further announcements soon.
As part of the process of moving forward with the prosecution of al Darbi, on Nov. 25, 2009, in response to a request from the prosecutors, the convening authority withdrew and dismissed without prejudice the pending charges against al Darbi. Dismissal without prejudice is a procedural action that permits new charges to be referred at a later time.
A charge is merely an accusation; an accused is presumed innocent until proven guilty.