Guantánamo Prosecutors Ask to Strike Information Gained From Torture

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Politics|Guantánamo Prosecutors Ask to Strike Information Gained From Torture

https://www.nytimes.com/2021/07/17/us/politics/guantanamo-cia-torture.html

The prosecutors’ usage of accusation from a brutal interrogation had troubled Biden medication lawyers and was a root of hostility with the main authoritative astatine Guantánamo Bay, who volition discontinue soon.

Camp Justice astatine  the U.S. naval basal  astatine  Guantánamo Bay.
Credit...Doug Mills/The New York Times

Carol Rosenberg

July 17, 2021Updated 10:24 p.m. ET

WASHINGTON — Military prosecutors person asked to hitch from the grounds accusation gleaned from the torture of a detainee present held astatine Guantánamo Bay, reversing their earlier presumption that the accusation could beryllium utilized successful pretrial proceedings against the man.

By law, prosecutors successful a subject committee proceedings are forbidden to taxable grounds derived from torture. But successful May, the judge, Col. Lanny J. Acosta Jr., ruled that portion juries could not spot that benignant of evidence, judges could see it successful determining pretrial matters.

Biden medication lawyers were troubled by the determination due to the fact that they would beryllium expected to support the usage of specified accusation earlier appeals courts. The ruling, the archetypal known lawsuit successful which a subject justice permitted prosecutors to usage accusation gained done torture, besides carries larger implications for each cases astatine Guantánamo.

The main authoritative astatine Guantánamo for a decade, Brig. Gen. Mark S. Martins, had cited a connection obtained done torture, clashing with elder medication officials who questioned his authorization to bash so. The quality played a portion successful his unexpected determination to discontinue from the Army 15 months early, connected Sept. 30.

The detainee, Abd al-Rahim al-Nashiri, is simply a Saudi antheral accused of orchestrating Al Qaeda’s bombing of the U.S. Navy destroyer Cole disconnected Yemen successful 2000, which killed 17 sailors.

At contented has been an effort by Mr. Nashiri’s lawyers to larn much astir the reasons for a U.S. drone onslaught successful Syria successful 2015 that killed different antheral suspected of being a Qaeda bomber, Mohsen al-Fadhli. Pursuing a imaginable defence argument, they person sought to find whether the United States has already killed men it considered to beryllium the masterminds of the Cole bombing.

Prosecutors asked the justice to extremity that enactment of inquiry, pointing to a classified cablegram that reported that Mr. Nashiri had told C.I.A. agents arsenic helium was being interrogated astatine a achromatic tract successful Afghanistan that Mr. Fadhli had had nary involvement.

Mr. Nashiri’s lawyers protested the usage of the C.I.A. accusation and added that the captive had made the disclosure arsenic interrogators utilized a broomstick successful a peculiarly cruel way, causing him to outcry out.

The justice has yet to determine the overarching question of whether defence lawyers tin proceed to question classified accusation astir the drone attack. But helium sided with the prosecutors, ruling that helium could see what Mr. Nashiri had said successful deciding the matter. In response, defence lawyers filed an exigency appeal with a higher court, seeking a reversal. Government lawyers person yet to respond.

But Friday, prosecutors asked the judge, Colonel Acosta, to region from the grounds accusation astir the C.I.A. interrogation. Still, they asked him to clasp the essence of his ruling, which recovered that determination were occasions erstwhile a justice could see specified accusation portion recognizing that “statements obtained done torture are needfully of highly fishy reliability.”

Doing so, they wrote successful a six-page filing, “can service judicial economy” and “advance this lawsuit toward trial.” It was signed by General Martins and 2 different prosecutors.

Defense lawyers called the determination insufficient and said they would proceed to question a reversal.

“Removing the sentences citing grounds obtained by torture, but not their question saying the justice is escaped to usage torture pretrial, oregon the judge’s ruling saying that it is lawful to bash so, accomplishes little,” said Capt. Brian L. Mizer of the Navy, Mr. Nashiri’s pb subject defence lawyer.

Mr. Nashiri, 56, has been held since 2002, spending 4 years successful C.I.A. custody. His proceedings had been expected to commencement successful February 2022, but that timetable is successful uncertainty due to the fact that the coronavirus pandemic has paralyzed advancement successful the pretrial proceedings astatine Guantánamo.

The justice has scheduled a two-week proceeding successful the lawsuit starting Sept. 20. The tribunal past convened successful January 2020.

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