DOJ changes stance on the use of evidence obtained at the CIA black site


A lawyer at the Ministry of Justice (DOJ) said in a January 31 court filing that the evidence extracted by torture was unacceptable in military courts and was worried about civil liberals and human rights activists. Overturned.

The Justice Department has stated that evidence from torture Abd al Rahim Hussein al NasiriBecame the mastermind of terrorists 2000USS call bombing This killed 17 US Navy sailors and injured 37. Arnasiri has been detained in Guantanamo Bay and other military facilities since 2002 while awaiting a trial on suspicion of terrorism.

Arnasiri has been detained in the United States for 20 years, but like many other Guantanamo Bay Detainees, his proceedings are still in the process of discovery. The reasons for the delay are complex and specific to each case, but in general the government does not want to disclose information about the 9/11 era detention and cross-examination program, so the defense team may consider all the evidence needed. I could not do it.

During the discovery process for the Al Nasiri case last March, the prosecutor was trying to use the statements he made while he was detained at the CIA’s black site. The statement made there by Al Nasiri has been edited from court records.

Al Nasiri filed a motion to strike a statement drawn at the black site that month, but prosecutors filed an opposite response. Prosecutors agreed that the words caused by the torture from Al Nasiri would not be admitted to the trial, but claimed that the statement could be used during the discovery process.

Military judge Ranny Acosta upheld the prosecution last May and urged Al Nasiri to appeal to the US Court of Appeals in the District of Appeals for the District of Columbia.

In a partially edited October 2021 petition, Arnasiri talked about the brutal treatment encountered in Guantanamo Bay and the CIA black sites in Thailand, Poland and Romania.

“The detainees were exposed to loud, continuous noise, quarantine, and dietary manipulation on a schedule of alternating one meal one day and two meals the next day. They were stripped naked. He was tied to a wall and given a bucket for waste, “said his petition.

“Sleep deprivation in detainees was achieved by hitting their wrists against a bar on the ceiling and forcing their arms to stand on their heads. In a rare record management example, at one point. [Al-Nashiri] I was forced to hold my hand over the wall and was not given food for three days. “

Al-Nashiri urged the DC Appeals Court to issue a warrant for Mandamas, banning the government from using evidence of torture in the proceedings of the Military Commission.

“The right to petitioner’s relief is clear and controversial, as torture and the use of its fruits in any judicial proceedings are categorically prohibited by law, both under the Constitution and as a norm of international law. No, “said the petition.

Arnasiri’s petition was upheld by human rights advocates. Philippa Webb and Rosana Garciandia, professors of law at King’s College, Amikas briefs Last November, he claimed that the use of evidence from torture violated international, regional and local legal norms.

The Center for Victims of Torture (CVT) had a similar discussion and submitted the Amikas Briefs.

“Unless the court approves the petition, the Judge’s decision of the Military Commission encourages the use of evidence from torture and can have serious consequences,” the CVT said.

The DOJ changed its position before the DC Court of Appeals had the opportunity to decide on a petition. In a brief explanation in court on January 31, prosecutors said that the ban on the use of evidence induced by torture applies only to the trial and judgment stages of military proceedings and to pretrial proceedings. I acknowledged my previous position that it would not be done.

“Since its submission, the government has reconsidered its interpretation. [the law] And as a result of that review, [prohibitions on using torture-derived evidence] It applies to all stages of the Military Commission case, including pretrial proceedings, “said the January 31 summary.

“According to that conclusion, the Government will not seek approval of the petitioner’s statement at any stage of the procedure while he has custody of the CIA.”

Prosecutors also urged the DC Court to revoke Al Nasiri’s petition to overturn all evidence-based orders derived from torture.

“The government is not going to rely on it [torture-derived evidence] At any stage of the petitioner’s military commission process, “Brief said. “In these situations, the court’s intervention, especially with a mandala warrant, is inappropriate.”

Arnasiri has not yet responded to the Justice Ministry summary.

Ken Silva

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Kensilva covers the national security issues of The Epoch Times. His reporting career also includes cybersecurity, crime and offshore finance. This includes three years as a journalist in the British Virgin Islands and two years in the Cayman Islands. Contact him at [email protected]