Judge Dismisses Bombing Suspect’s Confession Due to Alleged Torture

Judge Dismisses Bombing Suspect’s Confession Due to Alleged Torture


The military‍ judge in ⁢the ⁣U.S.S. Cole⁣ bombing case‌ on Friday threw out confessions the Saudi defendant had made to federal agents at Guantánamo Bay after years of secret imprisonment ⁤by the C.I.A., declaring the statements⁣ the product of ⁢torture.

The⁤ decision deprives prosecutors of a key ⁣piece ⁣of evidence against Abd al-Rahim al-Nashiri, 58,⁤ in ​the ​longest-running death-penalty case at‍ Guantánamo ⁢Bay. He is‌ accused of orchestrating Al Qaeda’s suicide bombing ⁢of the warship on Oct. 12, 2000, ⁤in⁢ Yemen’s Aden Harbor that killed 17 ​U.S. sailors.

“Exclusion ​of such evidence is not ⁣without societal costs,” the judge, Col. Lanny J. Acosta Jr.,⁤ wrote in a 50-page decision. “However, permitting the admission‌ of evidence obtained by or derived from torture by the ‍same government ⁢that ⁤seeks to prosecute‍ and execute the accused may have even greater societal ​costs.”

The question of whether the confessions were admissible​ had been seen as a crucial ⁤test of​ a ‌more than decade-long⁢ joint effort by ​the Justice and⁤ Defense Departments to⁢ prosecute ⁢accused architects of Qaeda⁣ attacks. The special Guantánamo court is designed to grapple‍ with the⁢ impact of earlier,‌ violent C.I.A. interrogations on war‌ crimes ⁣trial, including death-penalty cases.

Similar ⁣efforts⁤ to suppress confessions as tainted by torture are being⁢ made in ‌the⁣ case against Khalid Shaikh Mohammed ​and‍ four other prisoners who are accused of conspiring in the terrorist ‍attacks of Sept. 11, 2001. Mr. Nashiri, like ⁤Mr. Mohammed, was waterboarded and subjected ​to other ⁤forms of​ torture in 2002 by C.I.A. interrogators, including⁣ contract ⁣psychologists,‍ through‍ a program of “enhanced ‌interrogation.”

Testimony showed that the psychologists took part ⁤in⁢ a yearslong program ⁣that, even ​after the violent ​interrogation techniques ‍ended, used isolation, ‌sleep deprivation, punishment for defiance and implied threats of more violence to keep the prisoners cooperative ⁣and ⁣speaking to interrogators.

Prosecutors considered⁢ Mr. ⁣Nashiri’s confessions to federal and Navy criminal ‌investigative agents at Guantánamo‌ in early ⁣2007, four months after his transfer from a C.I.A. prison, to be among the best​ evidence against him.

Abd al-Rahim al-Nashiri is charged in the bombing of the Cole, the longest-running‌ death-penalty ‌case at Guantánamo Bay.Credit…ABC, via Associated Press

But prosecutors⁣ also ⁣sought, and received permission from the​ judge, to use a ⁢transcript from other‍ questioning⁤ at​ Mr. Nashiri’s eventual trial.

In March ‍2007, he went before a military panel examining his status as ⁤an enemy combatant and was allowed to address allegations involving his role in Al Qaeda plots. He told ⁤military officers that he ⁤had confessed after being tortured ⁤by ​the ⁤C.I.A., but then ‍recanted.

At ⁤the ⁢administrative⁢ hearing, Mr. Nashiri denied being a member of Al ⁢Qaeda or involvement in ⁤the plots but admitted to knowing Osama bin Laden and⁢ receiving⁢ funds from him for an ⁤unrealized​ shipping business ⁣project ‍in…

2023-08-19 12:53:39
Original​ from www.nytimes.com
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