Friday, March 03, 2006

Bushco Says Torture Law Doesn't Apply to Gitmo


Washington Post: Bush administration lawyers, fighting a claim of torture by a Guantanamo Bay detainee, yesterday argued that the new law that bans cruel, inhuman or degrading treatment of detainees in U.S. custody does not apply to people held at the military prison.

In federal court yesterday and in legal filings, Justice Department lawyers contended that a detainee at Guantanamo Bay, Cuba, cannot use legislation drafted by Sen. John McCain (R-Ariz.) to challenge treatment that the detainee's lawyers described as "systematic torture." (...)

U.S. District Judge Gladys Kessler said in a hearing yesterday that she found allegations of aggressive U.S. military tactics used to break the detainee hunger strike "extremely disturbing" and possibly against U.S. and international law. But Justice Department lawyers argued that even if the tactics were considered in violation of McCain's language, detainees at Guantanamo would have no recourse to challenge them in court. (...)

Guantanamo Bay officials deny that the tactics constitute torture. They wrote in sworn statements that they are necessary efforts to ensure detainee health. Maj. Gen. Jay W. Hood, the facility's commander, wrote that Bawazir's claims of abuse are "patently false." (...)

"I know it's a sad day when a federal judge has to ask a DOJ attorney this, but I'm asking you -- why should I believe them?" Kessler asked Justice Department attorney Terry Henry
...(more)

The Abu Ghraib Film [WARNING] Graphic!

(Related Posts)
Garrison Keillor: Impeach Bush
Negroponte or Rumsfeld Exercising the ‘Salvador Option’ in Iraq?
HRW Details US Policy of Abuse
Bush Could Bypass New Torture Ban
McCain Torture Policy Undercut By Amendment
Another Kind of Prison Torture
As Torture Amendment Nears Passage, Pentagon Rewrites Army Detainee Standards
The US has used torture for decades. All that's new is the openness about it

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