mock execution during his torture by the CIA. A power drill and a handgun were used. In May 2011, al-Nashiri's lawyers filed a case against Poland with the European Court of Human Rights. They said that Al-Nashiri was held and allegedly tortured in a secret CIA "black site" prison "north of Warsaw" (OSAW) from December 2002 to June 2003 with the collaboration or consent of the Polish government. Order overruled On January 29, 2009, an order from US president Obama's administration to suspend all Guantanamo military commission hearings for 120 days was overruled by military judge Army Colonel James Pohl in al-Nashiri's case. Charges dropped On February 5, 2009, al-Nashiri's charges were withdrawn without prejudice. Charges re-instated Since 2011, al-Nashiri has been at trial. Death penalty The prosecution planned to request the death penalty for al-Nashiri. The decision lies with the Convening authority, retired Admiral Bruce MacDonald. In April 2011, the Department of Defense allowed Richard Kammen, a civilian lawyer with a background in defending suspects against death penalty cases, to join al-Nashiri's defense team. Al-Nashiri became the first Guantanamo captive to face the death penalty. Request to end the prosecution In a letter in July 2011, al-Nashiri's legal team said: and Questioning whether Al Nashiri will continue to be detained if he is acquitted On October 24, 2011, Lieutenant Commander Stephen Reyes filed a legal motion requesting that jurors in his case be informed that he may be detained in Guantanamo, even if he was acquitted of all charges. Al-Nashiri's formal charges are scheduled to be announced at the Tribunal on November 9, 2011. Legal scholar Robert M. Chesney, of Lawfare, speculated al-Nashiri would be detained, if acquitted, for at least several more years. Chesney argued that it would be just to continue to detain al-Nashiri, even if he were acquitted, because conviction requires a higher standard of evidence than a habeas corpus petition. Defense motions filed in April 2012 Presiding Officer James L. Pohl considered several motions during a pre-trial hearing on April 11, 2012. He deferred rulings on many of them. He did rule to unshackle al-Nashiri for meetings with his lawyers, who had argued that he was traumatized by being shackled for years in secret CIA prisons and that being shackled during meetings impairs his ability to work with his lawyers. Jose Rodriguez's dispute over al Nashiri's role On May 8, 2012, Ali Soufan, al-Nashiri's original