New York Times:
Legacy of Torture
EDITORIAL | Published: August 26, 2010. . Because federal judges cannot trust the confessions of prisoners obtained by intense coercion, they are regularly throwing out the government’s cases against Guantánamo Bay prisoners.
A new report prepared jointly by ProPublica and the National Law Journal showed that the government has lost more than half the cases where Guantánamo prisoners have challenged their detention because they were forcibly interrogated.
The report details how the use of torture abroad, with the silence or assent of the U.S., and the use of George W. Bush’s ‘Enhanced Interrogation Techniques’ in American facilities have produced a multi-tentacled legal monster, gumming up or destroying case after case against detainees, some of whom are probably legally responsible for crimes against Americans.
Judges have found it impossible to be sure of the detainees’ confessions given the circumstances under which they were obtained.
The government’s case for keeping the Guantánamo Bay prisoner locked away seemed airtight. He had confessed to overseeing the distribution of supplies to al-Qaida fighters battling U.S. forces in Afghanistan, even describing the routes where pack mules hauled the packages.
But a federal judge rejected Fouad Mahmoud Al Rabiah’s confessions, concluding that he had concocted them under intense coercion.
So insidious and long-lasting are the effects of torture that virtually all subsequent confessions become suspect as well:
Even statements that the government insisted Al Rabiah had made under noncoercive, or “clean,” questioning were tainted, U.S. District Judge Colleen Kollar-Kotelly ruled, and she ordered that Al Rabiah be released.Al Rabiah
The government has lost eight of 15 cases in which Guantánamo inmates have said they or witnesses against them were forcibly interrogated . .
To wit:
Government lawyers didn’t contest that [Saeed Mohammed Saleh] Hatim, while held for six months at a U.S. military base in Afghanistan, had been beaten repeatedly, kicked and “threatened with rape if he did not confess to being a member of the Taliban or al-Qaida,” according to U.S. District Judge Ricardo Urbina’s opinion. Instead, they submitted confessions he gave after arriving at Guantánamo, under cleaner questioning. But Urbina found that Hatim’s confession was “tainted by torture” and ordered that he be released. The government is appealing the decision.
Does any of this surprise anybody? I doubt it. And the negative legal reach of torture isn’t trivial, moving well beyond the cases of the victims:
Last year, Justice Department lawyers tried to show that Farhi Saeed bin Mohammed was an al-Qaida fighter by using statements from another detainee, Binyam Mohamed, whose “harrowing” interrogation ordeal was described in an 81-page opinion by Senior Judge Gladys Kessler.
For two years, beginning with his capture in April 2002, foreign interrogators holding him “at the behest of the United States” beat and kicked him, chained him to a wall, kept him half-standing for long stretches and cut him with a blade, including on his genitals. He was “fed information” and “told to verify it.” During that time, he was also interrogated by the FBI and CIA.Binyam Mohamed, now free
The government’s lawyers didn’t contest the allegations of mistreatment but instead argued that the treatment of the informant didn’t undermine the evidence he gave later . .
But Kessler didn’t buy that better treatment had done the trick. Given that, “throughout his detention, a constant barrage of physical and psychological abuse was employed in order to manipulate him and program him into telling investigators what they wanted to hear,” she wrote, it was “more than plausible” that he had also manufactured details in nonabusive questioning.
So, even with American handlers, under reasonable treatment, making statements against somebody else, the evidence is still junk.
Didn’t we all know we’d end up here? I think so.
If you’re considering the use of torture, you’re going to have to change completely the character and habits of a nation in order to be honestly successful. Good nations produce good legal systems. When the use of torture becomes apparent, the system rejects the ‘evidence,’ and the cases die. It’s predictable. Otherwise, you’d have to become Saudi Arabia or Egypt to rack up many wins. It looks bad now, but the tossing of so many cases is actually good news.
Oh, and haven’t the predicted verdicts come in against shortsighted Dick Cheney and his boss, George W. Bush, as well? Losers.














