Guantanamo judge rejects torture-derived confession – World

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A US army judge dominated for the primary time Friday that an Al-Qaeda bombing suspect’s confession can’t be used as proof as a result of it was derived from torture, probably setting a brand new hurdle for September 11 prosecutions.

The judge within the Guantanamo Bay, Cuba US army tribunals stated {that a} confession by Abd al-Rahim al-Nashiri, the alleged mastermind of the 2000 assault in opposition to the USS Cole in Yemen that left 17 useless, was tainted by years of abuse by the hands of the Central Intelligence Agency (CIA) and the Federal Bureau of Investigation (FBI).

“Exclusion of such proof just isn’t with out societal prices,” wrote the judge, Col. Lanny Acosta.

“However, allowing the admission of proof obtained by or derived from torture by the identical authorities that seeks to prosecute and execute the accused could have even higher societal prices.”

Nashiri’s lawyer Anthony Natale stated the judge threw out the important thing proof army prosecutors hoped to make use of to convict Nashiri.

The ruling left the lengthy-operating demise penalty case mired within the pretrial section, with no signal of when a full trial may start.

Attorneys for each Nashiri and the 5 males accused of the September 11, 2001 Al-Qaeda assault on the United States have battled for greater than a decade within the Guantanamo army courtroom to exclude proof in opposition to them derived from torture.

The six had been captured individually after the 2001 assaults and shuttled by CIA-run “black websites” in international locations equivalent to Thailand and Poland the place they had been put by excessive interrogation methods together with waterboarding and bodily beatings.

After they arrived at Guantanamo — an remoted US naval base — some like Nashiri had been once more mistreated, together with in early 2007, when the FBI interrogated him.

While prosecutors had argued that Nashiri was not affected by the affect of earlier torture periods, the judge dominated that continued tough therapy as much as that interrogation merely prolonged “years of bodily and psychological torment”.

“The proof helps a conclusion that the accused did what he was skilled to do: comply,” the ruling stated.

Nashiri, 58, is charged with engineering the lethal assault on the USS Cole on October 12, 2000. He can be accused of the bombing of the crude provider Limburg two years later in the identical space, which left one individual useless.

Natale pressured that the ruling solely applies to Nashiri’s case, and isn’t binding on any of the opposite judges overseeing instances within the Guantanamo army courtroom. But he stated it creates “a template that others may attempt to replicate”.

Alka Pradhan, an lawyer for one of many 5 accused within the September 11 case, stated it will affect your complete army courtroom.

“The Nashiri ruling at the moment is essentially destabilizing to the entire army fee system,” she stated in a social media put up.

In each the 9/11 and Nashiri instances, she stated, the majority of prosecutors’ proof “was derived from torture on the CIA black websites whose results had been intentionally maintained by FBI interrogations at Guantanamo”.

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