http://story.news.yahoo.com/news?tmpl=story&cid=514&e=3&u=/ap/20041203/ap_on_go_ca_st_pe/guantanamo_det
ainees
12 minutes ago Top Stories - AP
By MICHAEL J. SNIFFEN, Associated Press Writer
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 says.
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 Thursday.
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 .....
I had to cut some off in order to follow the rules of the forum, sorry .