A Guantánamo prisoner who was waterboarded by the CIA suffers from post-traumatic stress disorder and depression but is sane enough to face a capital terror trial on charges of orchestrating al-Qaidas 2000 suicide bombing of the USS Cole, according to a report filed at the war court.
A board of U.S. military mental health experts found Abd al Rahim al Nashiri, 48, competent to stand trial in March. The judge in the case, Army Col. James L. Pohl, ordered the one-page report unsealed May 8th, but it has yet to be released to the general public.
The Miami Herald learned of the findings from two people who had read it.
Significantly, the so-called short form does not specify whether Nashiris mental health disorders can be attributed to the nearly four years that the CIA held him at secret overseas prisons where, according to declassified accounts, he was waterboarded and interrogated at the point of a revving power drill and racked pistol.
His defense lawyer predicted he would use the diagnosis to underpin court filings protesting Nashiris treatment at Guantánamo at his next hearing, scheduled for June 11.
We have alleged literally since the beginning of the case that Mr. al Nashiri suffers from severe chronic functionally untreated PTSD, Nashiris civilian, Pentagon-paid attorney Richard Kammen said Friday. And in our view the short form confirms all of that.
The military mental health board met the Saudi captive for two or three days to conduct the mental health exam, Kammen said. They compiled a longer, more detailed mental health assessment. But its classified and only defense attorneys can read it.
The short form, provided to prosecutors as well as defense lawyers, said Nashiri suffers from both Post Traumatic Stress Disorder and a Major Depressive Disorder.
Additionally, the mental health board said he has recurrent moderate chronic narcissistic antisocial and histrionic personality features findings that The Miami Herald presented to Dr. Elspeth Ritchie, a retired colonel who served as the Armys chief psychiatrist.
The diagnosis could become significant in the punishment phase of the capital case if the secret portion of the psychiatric assessment says the CIA interrogations caused the Post Traumatic Stress Disorder. Especially if we caused the PTSD through the torture of him, Ritchie said. If I were the defense, I would use the PTSD as a mitigating circumstance to spare him the death penalty.
Prosecutors allege that Nashiri was the architect of the Oct. 12, 2000, bombing in the port of Aden, Yemen, by two men who pulled a bomb laden skiff alongside the Cole and blew it up. Seventeen U.S. sailors died, dozens more were wounded and the warship was crippled.
In the short term, the diagnosis might also help defense lawyers argue that shackling and hooding Nashiri for his trip to court re-traumatizes him to the point of harming his ability to work with his attorneys.
Shackles and hoods, used as security measures for the trip from the prison camp to the war court, could be triggers for PTSD, Ritchie said. Certainly it could be causing anxiety. How substantially that interferes with the relationship is going to be what the judge needs to decide.
The diagnosis of recurrent moderate chronic narcissistic antisocial and histrionic personality features, Ritchie said, means in more common terms that the psychiatrist and two clinical psychologists who wrote the report found him flamboyant, and self involved and concluded he had done bad things. Soon after he got to Guantánamo, Nashiri boasted to a panel of U.S. officers that he had been a merchant in the holy city of Mecca in his native Saudi Arabia and achieved great wealth by age 19. I was the youngest millionaire in the world, he said.
























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