Abduwali Abdukhadir Muse

Abduwali Abdukhadir Muse (also transliterated Abdul Wali Muse and Wal-i-Musi, among others) is a Somali pirate and the sole survivor of a group of four who attacked the MV Maersk Alabama and held the captain for ransom at gunpoint.^[1] On February 16, 2011, he was sentenced to over 33 years in federal prison in the first trial of a pirate to occur in the United States in decades.^[2]

Early life

Muse was born c. 1990^[3] in Gaalkacyo, in Puntland—one of two semi-autonomous states in the north of Somalia. His mother claimed he was born 1992,^[4][5] and his father claimed he was born 1993.^[6][7][8]

Assistant United States Attorney Brendan McGuire informed U.S. District Court Judge Andrew J. Peck at a hearing to determine Muse's age that he had told Americans he was 16, 18, 19, and 26 years old. Colleen Long and Larry Neumeister, writing for the Associated Press, reported that Wali Muse was only five foot two inches (157 cm) tall. Due to his small stature, American prison officials had not been able to supply him with clothes that fit him.^[9]

Attack on the Maersk Alabama

According to his indictment, he was the first of the four men who attacked the Maersk Alabama to board, and during the attack, was stabbed in the hand by a sailor. He was tied up for 12 hours, and offered as an exchange for the Alabama's captain, Richard Phillips.^[10] Wali Muse was thought to be the first person to be charged with piracy in an American court in more than 100 years,^[11] when courts ruled in 1885 that the Ambrose Light was not a pirate vessel. A more recent case United States v. Shi,^[12] which was quoted in his indictment, involves murder and a crew member taking over a ship and holding a hostage.^[13]

Additional attacks

In 2010, he was charged in connection with two additional attacks on international shipping.^[14][15] The indictment does not name the two vessels involved, hijacked in April and May 2009, but they are likely to be the FV Win Far 161.^[16]

Trial

He was tried in United States District Court for the Southern District of New York in New York City.^[17]

According to the New York Daily News he is 17 to 19 years old.^[1] He was charged, and was to stand trial in New York because of the expertise of the New York FBI office in handling cases where major crimes were perpetrated against Americans in Africa. His mother claims that he was innocent, and 16 years old. CBC News reported that U.S. authorities had considered transferring him to Kenyan custody.^[5][18] CBC News reported on speculation over his age. When initially captured his age was estimated to be between 16 and 20. On April 16, 2009, United States Secretary of Defense Robert Gates stated that all four pirates were between 17 and 19. On April 20, 2009, CBC News reported that U.S. officials stated they had confirmed he was over 18. If they believed he was under 18 there would have been "further steps" required to prosecute him.

However, CBC News interviewed his mother, who stated the U.S. had both his name and age wrong.^[5] She stated he was only 16 and that his name was Abdi Wali Abdulqadir Muse. His mother, Adar Abdurahman Hassan, also appealed to the U.S. government and President Barack Obama to free her son, in an interview with the BBC Somali service.^[19]

According to Ron Kuby, a civil rights lawyer who has considered offering his services to Wali Muse:^[5]

I think in this particular case, there's a grave question as to whether America was in violation of principles of truce in warfare on the high seas. This man seemed to come onto the Bainbridge under a flag of truce to negotiate. He was then captured. There is a question whether he is lawfully in American custody and serious questions as to whether he can be prosecuted because of his age.^[5]

However, later analysts pointed out that Mr. Kuby's analysis was incorrect. The principles of truce in warfare on the high seas apply to nations and their official military forces—not to pirates.

In a court ruling on April 21, 2009, U.S. magistrate judge Andrew J. Peck decided Wali Muse was not under 18, and that he could be tried as an adult.^[20] Abduwali Abdukhadir Muse has been brought to New York to face trial on charges including piracy under the law of nations, conspiracy to seize a ship by force, conspiracy to commit hostage-taking, and firearms related charges, carrying a potential of up to four life sentences.^[21] The charge of piracy has a mandatory life sentence (18 USC 1651 [1]), and there is no parole in U.S. federal prisons.

On May 19, 2009, a federal grand jury in New York returned a ten-count indictment against Wali Muse.^[22]

He pled guilty to the to hijacking, kidnapping and hostage-taking charges on 18 May 2010.^[23] Charges of piracy and possession of a machine gun were dropped in exchange for the guilty plea.^[24]

On February 16, 2011 Abduwali Abdukhadir Muse was sentenced to 33 years and 9 months in federal prison.^[25] Muse is currently incarcerated at a federal prison in Indiana.^[3]

References

External links

• Indictment (U.S. v. Abduwali Abdukhadir Muse), 19 May 2009 FindLaw
• Criminal Complaint (U.S. v. Abduwali Abdukhadir Muse), 21 April 2009 FindLaw