Malaysian in Guantanamo fails to suspend trial during Ramadan

 

Malaysians Mohammed Farik Amin (left) and Mohammed Nazir Lep (centre) and Indonesian Hambali are facing terror charges related to the Bali bombing in 2002 and Jakarta in 2003.

PETALING JAYA: A Malaysian facing a terrorism trial in Guantanamo Bay has been denied a motion asking for the US military court not to hold any hearing during Ramadan next year.

Mohammed Farik Amin made this application last month citing religious considerations and accommodation, saying he plans to abstain completely from all food and drinks from dawn until sunset and will be saying day-long prayers.

He said he would not be able to fully concentrate during court hearings.

Objecting to the motion, the US government argued that the request was inconsistent with the interest of all parties in reaching an expeditious resolution in this case, and that there was limited courtroom availability next year.

“Mohammed Farik failed to demonstrate that holding proceedings during Ramadan would violate his rights or prejudice his case,” it said.

According to the decision posted on the website of the US Military Commission’s office, military judge Hayes C Larsen said the commission found that the basis of this motion was not ripe for decision as no court proceedings were currently scheduled during the 2022 Ramadan observance, and given the uncertainty of what matters may require a hearing,

Ramadan falls between April 2 and May 2.

“Should the Commission consider scheduling a hearing during Ramadan, all parties will be notified prior to scheduling and will be given an opportunity to provide input on the decision,” he said.

Mohammed Farik, with another Malaysian Mohammed Nazir Lep and Indonesian Encep Nurjaman, more commonly known as Hambali, face eight terrorism charges.

They include seven related to twin bombings that killed 202 people in Bali in October 2002 and a bombing at the JW Marriott hotel in Jakarta in August 2003.

The eight charges are conspiracy, murder, attempted murder, intentionally causing serious bodily injury, terrorism, attacking civilians, attacking civilian objects and destruction of property.

All three refused to enter a plea when they were arraigned on Aug 30-31, citing incompetence of the translators which resulted in inaccurate translations and had applied for a fresh appearance in court.

However, the Military Court denied their motion in a decision last month. No new dates for the trial have been set yet. - FMT