UNCLASSIFIED//FOR PUBLIC RELEASE MILITARY COMMISSIONS TRIAL JUDICIARY GUANTANAMO BAY, CUBA UNITED STATES OF AMERICA AE474C v. RULING KHALID SHAIKH MOHAMMAD, W ALID MUHAMMAD SALIH MUBARAK BIN 'ATTASH, RAMZI BIN AL SHIBH, ALI ABDUL AZIZ ALI, MUSTAFA AHMED ADAM ALHAWSAWI Mr. Mohammad's Motion to Compel an Islamic Burial of His Body Immediately Following His Death 12 January 2017 1. On 27 December 2016, Mr. Mohammad filed a motion asking the Commission to order the Government "to not desecrate or mutilate his body" and to "provide him an immediate burial near his place of birth in accordance with his Islamic faith." 1 The Government responded that the Commission does not have jurisdiction over the disposal of Mr. Mohammad's remains, and the issue is both unripe and non-justiciable.2 Mr. Mohammad replied that the issue is both ripe and justiciable, and reiterated his request for an Islamic burial. 3 2. This Commission was established to try alien unprivileged enemy belligerents for violations of offenses triable by Military Commissions. 10 U.S.C. ยง 948b(a). Mr. Mohammad has presented no case law or other authority to support the notion that, even if the issue was ripe, this Commission has authority to determine the place or manner of Mr. Mohammad's burial. 1 AE 474 (KSM), Mr. Mohammad's Motion to Compel an Islamic Burial of His Body Immediately Following his Death, filed 27 December 2016. 2 AE 474A (GOV), Government's Response to Mr. Mohammad's Motion to Compel an Islamic Burial of His Body Immediately FoUowing His Death, filed 3 January 2017. 3 AE 474B (KSM), Mr. Mohammad's Reply to Government Response to Defense Motion to Compel an Islamic Burial of His Body Immediately Following His Death, filed IO January 20 17. Appellate Exhibit 474C Page 1of2 UNCLASSIFIED//FOR PUBLIC RELEASE UNCLASSIFIED//FOR PUBLIC RELEASE 3. Ruling. The Defense motion is DENIED. So ORDERED this 12th day of Januaiy 2017. !Isl/ JAMES L. POHL COL, JA, USA M ilitaiy Judge 2 Appellate Exhibit 474C Page 2 of2 UNCLASSIFIED//FOR PUBLIC RELEASE