Nothing is more destructive of human decency, nothing is less fruitful in seeking truth, nothing is more totalitarian and nothing so undermines the government’s own cases as its use of torture.
Last week, at the U.S. naval base at Guantanamo Bay, Cuba, torture came home to roost when the government suffered serious setbacks in two cases.
In the former, the government is unlikely to appeal and is now stuck with the most adverse ruling it has received in 21 years at Guantanamo. In the latter, President Biden has apparently authorized Mr. Mohammed’s plea deal and the government is now trying to explain it to surviving family members. Torture committed by government officials and their collaborators upon a person restrained by the government is a felony punishable by up to 20 years in federal prison, and its fruits are inadmissible in all courts.
What caught the eyes of those of us who monitor these events was the mention of the name of the CIA official under whose watch Mr. Nashiri’s torture occurred and who wrote detailed, graphic descriptions of it to her bosses. Mr. Nashiri’s torture went on in Afghanistan, Thailand and Poland, and at Gitmo. Afterward, the interrogation team concluded that Mr. Nashiri was being truthful and essentially said the same things under torture as he told interrogators after the torture.
Thus, the significance of the ruling preventing prosecutors from using anything that Mr. Nashiri told them is profound. This is the first time in Gitmo’s gruesome 21-year history that the feds have suffered such a setback and due process has enjoyed such a triumph.
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