Guantanamo Judge Says Sees No Torture of Canadian

[Hissyspit]

Source: Reuters

Guantanamo judge says sees no torture of Canadian
Sat Aug 21, 2010 1:46pm EDT

MIAMI (Reuters) - A military judge has ruled there is no credible evidence that a Canadian prisoner on trial in Guantanamo on murder and terrorism conspiracy charges was tortured into confessing after his capture in Afghanistan.

In a written ruling released by the Pentagon on Friday, Army Colonel Patrick Parrish gave his arguments for rejecting a motion by lawyers of Omar Khadr requesting that confessions made by Khadr to U.S. interrogators should not used as evidence in his trial on grounds they were obtained through

The lawyers for Toronto-born Khadr, who was captured at age 15 on an Afghan battlefield, claimed his statements were illegally obtained through torture and cruelty -- including a story told to him by one interrogator about a young Afghan prisoner being raped by fellow inmates in a U.S. jail.

- snip -

In his ruling, Parrish said while Khadr was 15 years old at the time of his capture, "he was not immature for his age. ... The accused had sufficient training, education and experience to understand the circumstances in which he found himself," he said.

Read more: http://us.mobile.reuters.com/article/topNews/idUSTRE67K1YS20100821?ca=rdt

[Downwinder]

1. "Army Colonel" says it all. n/t

[Warren Stupidity]

2. His first interrogator was convicted of detainee abuse.

Khadr states that he was refused pain medication for his wounds, that he had his hands tied above a door frame for hours, had cold water thrown on him, had a bag placed over his head and was threatened with military dogs, was flatulated upon, forced to carry 5-gallon pails of water to aggravate his shoulder wound. Unallowed to use washrooms, he was forced to urinate on himself.<48><57> His chief interrogator was Joshua Claus, who later pleaded guilty to abusing detainees to extract confessions following the in-custody death of wrongly accused Dilawar that same year.<60>

and then there was this:

n the early spring of 2003, Khadr was told "Your life is in my hands" by a military interrogator, who spat on him, tore out some of his hair and threatened to send him to a country that would torture him more thoroughly, making specific reference to an Egyptian Askri raqm tisa ("Soldier Number Nine") who enjoyed raping prisoners. The interrogation ended with Khadr being told he would spend the rest of his life in Guantanamo.<19> A few weeks later, an interrogator giving his name as Izmarai spoke to Khadr in Pashto, threatening to send him to a "new prison" at Bagram Airbase where "they like small boys".<19>
In all, Khadr has been reported to have been kept in solitary confinement for long periods of time; to have been denied adequate medical treatment; to have been subjected to short shackling, and left bound, in uncomfortable stress positions until he soiled himself.<57><78><79> Khadr's lawyers allege that his interrogators "dragged back and forth in a mixture of his urine and pine oil" and did not provide a change of clothes for two days in March.<80>

just a threat of death by gang rape after months of deliberate abuse.

At the end of March 2003, Omar was upgraded to "Level Four" security, and transferred to solitary confinement in a windowless and empty cell for the month of April.<19>

http://en.wikipedia.org/wiki/Omar_Khadr

[Capitalocracy]

3. Judge found no evidence of torture

in an offshore prison with no cameras and what I'll assume is limited documentation at best, much of which is declared inadmissable due to "national security"? What a surprise.

[Downwinder]

4. And nothing exists outside of a Colonel's virtual reality. n/t

[Warren Stupidity]

5. and an interrogator convicted of detainee 'abuse' that include death.

But never mind that, a 15 year old captured on a battle field should certainly be punished for SOMETHING.

[EFerrari]

6. Obscene.

[Canuckistanian]

7. This"military judge" has denied EVERY defense motion

This isn't a trial. It's a kangaroo court.

[primavera]

10. Does Canada have an evidence exclusion rule...

... for coerced information? I know know most European countries do not embrace the US' fading exclusionary doctrine when it comes to evidence: they will prosecute the person who obtains evidence unlawfully for having broken the law, but they typically won't suppress the evidence illegally obtained.

[Canuckistanian]

11. Yes, we do

Our laws have mostly descended from British law, which has long prohibited evidence from illegally coerced testimony.

It's that way in American law, too. Always has been, to some extent.

But this "military tribunal" system seems to have no qualms about throwing THAT rule out.

[primavera]

13. Right, duh!

Of course, you guys inherited the same common law traditions we did, I should have thought of that.

Well, don't feel badly that your military tribunal is chucking out the exclusionary rule - here, it's our Supreme Court that's systematically shredding it. :-(

[CHIMO]

8. That Is America

Even Americans may be executed by the government. There is no age limit. No recourse.

[Solly Mack]

9. Sick country.

[daleo]

12. Imagine if an Iranian judge said "no torture occurred"

Would we believe him or say it is obviously a miscarriage of justice?