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Guantanamo court weighs al-Qaida detainee's health

By Lucas Robinson, Medill News Service

GUANTANAMO BAY NAVY BASE, CUBA, Jan. 8 (UPI) -- Pretrial hearings for an alleged al-Qaida operative have begun at Guantanamo Bay Naval Base, starting with arguments over his spinal condition.

Abd al Hadi al Iraqi, who faces war crimes charges before the military commission, suffers from a debilitating, pre-existing spinal condition. Since September 2017, he has undergone five surgeries.

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A neurosurgeon, who was not named in court, testified Monday that Hadi's transit from his cell to the courtroom could aggravate his spine and exacerbate his pain. Staying in the same position for long periods of time, as Hadi did Monday, could intensify the pain as well, the neurosurgeon said.

Hadi, who says his name is Nashwan al Tamir, is accused of leading al-Qaida fighters in the early years of the U.S invasion of Afghanistan. The charges against him include overseeing attacks that killed U.S. troops, shooting at a U.S. military medical helicopter, executing prisoners of war and attacking civilians.

Hadi is one of 40 remaining detainees held at the long-running detention center, and one of seven who is being tried before the military commission. His is the only non-capital case.

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A November court appearance ended unexpectedly when Hadi was taken away by ambulance after suffering from back spasms.

Hadi told his lawyers before the trial he did not want to lie in his hospital bed while court was in session.

His chief counsel, civilian defense attorney Susan Hensler, said Hadi found the November experience "degrading and quite humiliating."

The detainee took Percocet and Valium to relieve pain during Monday's hearing and was recently placed on a regimen of painkillers.

The neurosurgeon said patients who have undergone similar surgeries do not typically take such strong painkillers after six weeks.

Despite continuously adjusting his back, Hadi remained seated during the proceedings.

The neurosurgeon testified that Hadi's attendance at the hearings was unlikely to cause new injuries or worsen his condition.

Marine Judge Lt. Col. Michael D. Libertto, who presides over the commission, scheduled the public portions of the hearings every other day this week to accommodate Hadi.

Hadi's legal team has faced repeated upheaval throughout his pretrial hearings, with multiple attorneys coming and going. He dismissed several lawyers, while others have left over questions of competence and security clearances.

Two of Hadi's lawyers met him for the first time Monday morning prior to the hearing. Hensler officially joined the defense team in November.

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