Chapter 5 Towards the Closure of Guantanamo: International Legal Obligations | 127 with regard to the Transfer or Release of Detainees and 34 months, respectively. They were transferred to Sudan on July 10, 2012, and December 18, 2013. 381 In 2010 Khadr pleaded guilty to murder and attempted murder in violation of the law of war, conspiracy, providing material support for terrorism, and spying, and was sentenced to 40 years in confinement. Under the plea agreement, he will serve no more than eight years. He was transferred to Canada in 2012 to serve the remainder of his sentence. 382 As indicated above, Majid Khan and Ahmad al Darbi were convicted following a guilty plea but are still held a Guantanamo. Majid Khan’s sentence was postponed pending testimony against Khalid Shaikh Mohammed and Ahmad al Darbi is serving four years of his sentence at Guantanamo. 314. The military commission system has proven to be slow and inefficient. Thirteen years after the U.S. Government opened the detention facility at Guantanamo Bay, only eight detainees have been convicted by a military commission. This represents approximately 1% of all prisoners ever held at Guantanamo. All but two cases resulted in a guilty plea. In the only two cases that resulted in a guilty finding at trial, the material support conviction was overturned on appeal by the D.C. Circuit. The federal courts have yet to resolve whether military commissions can charge conspiracy as a stand-alone offense, the single conviction left standing in the al Bahlul case. The IACHR notes with concern that detainees have pleaded guilty and served sentences for crimes that have later been found to be ex post facto by federal courts. 315. The few active cases that are pending before military commissions are at the pretrial stage. In the case of Khalid Sheikh Mohammed, it took about 11 years for the prosecution to bring charges against him and there is no estimated timeline for the 9/11 defendants’ trial. The IACHR also notes with concern that the case of al-Iraqi is at the early pre-trial stages, and that plea agreements generally stipulate that part of the sentence be served in Guantanamo. In the case of al-Darbi, for example, this means that he could possibly be held at Guantanamo until 2018. In Majid Khan’s plea agreement, sentencing was reportedly postponed until 2016. 316. As indicated in the previous chapter, the 2006 MCA expressly established the inapplicability of Article 10 of the UCMJ regarding the right to a speedy trial, which was maintained by the 2009 MCA under Section 948(b)(d). Article XXV of the American Declaration recognizes the right “to have the legality of [the] detention ascertained without delay by a court, and the right to be tried without undue delay or, otherwise, to be released.” Therefore, the extreme delay in the handful of cases 381 382 The New York Times, The Guantanamo Docket. The New York Times, The Guantanamo Docket. Khadr later claimed that the plea agreement was “constructed by the U.S. government in its entirety,” that he had signed it only to be released from Guantanamo, and that he has no recollection of the 2002 firefight in Afghanistan, where he was shot and a U.S. soldier fatally wounded (The Star, Omar Khadr: No memory of firefight in Afghanistan, December 13, 2013. Available at: http://www.thestar.com/news/canada/2013/12/13/omar_khadr_no_memory_of_firefight_in_afghanistan.ht ml). Inter-American Commission on Human Rights | IACHR