Sunday, December 05, 2004

U.S. admits torture used in interrogations

Results become evidence, though illegal in U.S court
By MICHAEL J. SNIFFEN The Associated Press

WASHINGTON -- Evidence gained by torture can be used by the U.S. military in deciding whether to imprison a foreigner indefinitely at Guantanamo Bay, Cuba, as an enemy combatant, the government concedes.

Statements produced under torture have been inadmissible in U.S. courts for about 70 years. But the U.S. military panels reviewing the detention of 550 foreigners as enemy combatants at the U.S. naval base in Cuba are allowed to use such evidence, Principal Deputy Associate Attorney General Brian Boyle acknowledged at a U.S. District Court hearing yesterday.

Some of the prisoners have filed lawsuits challenging their detention without charges for up to three years so far. At the hearing, Boyle urged District Judge Richard J. Leon to throw their cases out.

Attorneys for the prisoners argued that some were held solely on evidence gained by torture, which they said violated fundamental fairness and U.S. due process standards. But Boyle argued in a similar hearing Wednesday that the detainees "have no constitutional rights enforceable in this court."

Leon asked whether a detention based solely on evidence gathered by torture would be illegal, because "torture is illegal. We all know that."

Boyle replied that if the military's combatant status review tribunals "determine that evidence of questionable provenance were reliable, nothing in the due process clause (of the Constitution) prohibits them from relying on it."

Leon asked whether there were any restrictions on using torture-induced evidence.

Boyle replied that the United States never would adopt a policy that would have barred it from acting on evidence that could have prevented the Sept. 11, 2001, terrorist attacks even if the data came from questionable practices like torture by a foreign power.


Source: York Dispatch

34 Comments:

Blogger Deb said...

I do not recall what young age I was exactly when the grotesque horrific idea of torture first impinged my brain. But as I read about the tortune chambers of the Middle Ages, I recall being overwhelmingly bewildered. How was it, I wondered, that anyone anywhere could consider the confessions of a tortured person to be truthful. Tortured people would say anything at all to get the torture to stop...even the strongest among us.

The absurdity of the idea of torture as a legitimate intelligence gathering tool is off the charts. And if torture is being used not to gain truth, but to salvage words from the enemy to be used for whatever cause...why not save the time and money it takes to torture and just print lies instead.

Or do both...torture and lie. Oops...I guess the Middle Ages are still with us. SOME governments torture AND lie.

December 6, 2004 at 1:38 PM  
Blogger bravelonewarrior said...

the reason the u.s. uses torture take it from a soldier is to scare the enemy and get information credible to use against the enemy. the u.s. claims it does not use torture mean while it gets other countries like israel and a few others to get people to do the dirty work for them. they use methods such as sleep depreviation, heat and cold in the cells, dunking, electric shocks, and the most cruel of all of all cutting (use of a combat knife is involved). it says in our constitution that no cruel and unusual punishment will be used. we are contradicting ourselves. i am ashamed to even be a soldier. we are better off coming up with fables and printing them its less $$ compares to the torture of a human being for information.

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