Should confessions obtained by torture be admissible in US courts?

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A US Judge has just ruled that a confession obtained when a US soldier threatened 15 year old detainee Omar Ahmed Khadr with being raped to death is admissible in court.

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TheTruthMatters Posted on 19. Aug 2010, 11:10 AM

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The fact that our Military Goverment is acting like the greater evil makes me very angery.
A confession under torture - is no confession at all. Illegally obtained confessions are
violations of human rights and go against anything America the dieing Democracy once
represented. If we want to put an end to terrisom we have to stop being terrorist!

  • WilliamSqualus Posted on 19. Aug 2010, 03:56 PM

    Well said TheTruthMatters... The military refuses to follow even their most basic rules (like those against torturing prisoners). Instead of any consequences, the tortured confession stands up in the Military Kangaroo Court. So the message to military interrogators is "Torture them sumsabitches all you want. If you torture a confession out of them you'll get a medal and we'll nail these sumsabitches to the wall."


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WilliamSqualus Posted on 17. Aug 2010, 12:46 AM

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When GWB first brought up the prospect of having military tribunals for POWs there was a big uproar about how they would be Kangaroo Courts. It looks like those concerns were well founded. There is no civilized court in the world I know of that would allow a confession by torture to be admissible in court. Let alone the torture of a child.

What does it say about the US when we have interrogators threaten 15 year old prisoners with being gang-raped to death by "four big black guys" in the shower. What kind of person signs up for that job? This was the lead interrogator threatening him, with the smiling approval of his superiors. He was later turned into a fall guy and prosecuted for beating prisoners on the job. I'd tell you his name, but it wasn't released. This pattern of abuse, secrecy, cover-up, fall guy is one you'll see time and time again when the misdeeds conducted in the "war on terror" are exposed. The US will prosecute some sadistic minion while his superiors get off with nary a firm talking to.

Khadr has been held and tortured by the US for 7 years now. I can tell you that if he wasn't a terrorist 7 years ago he surely is one now. If you torture someone for 7 years that is one sure fire way to make them hate you. All this does is prove to the world how sick and sadistic the American Empire is. Not only do we torture prisoners, but their "confessions" are admissible in our Kangaroo Courts.

Now US torture apologists will prattle on about how torture is illegal and the military generally frowns upon doing anything illegal. The US military will do whatever it feels like, it has no interest in following its own rules whether its murdering civilians from helicopters, torturing POWs, or breaking the rules of evidence. The 2006 Military Commissions Act states:

"A statement obtained by use of torture shall not be admitted into evidence against any party or witness, except against a person accused of torture as evidence that the statement was made."

Torture, as defined by the Military Commissions act of 2006 consists of:

A. The intentional infliction or threatened infliction of severe physical
pain or suffering;

B. the administration or application, or threatened administration or
application, of mind-altering substances or other procedures calculated to disrupt profoundly the senses or the personality;

C. the threat of imminent death; or

D. the threat that another person will imminently be subjected to death,
severe physical pain or suffering, or the administration or application of mind-altering substances or other procedures calculated to disrupt profoundly the senses or personality.

http://en.wikipedia.org/wiki/Military_Commissions_Act_of_2006

So torture is illegal, but we do that anyway. Confessions obtained by torture are inadmissible in court, but we use them anyway. I think I'm starting to notice a pattern... What pro-murder, pro-torture, anti-human US apologists fail to realize is that these Kangaroo Courts won't just be used against "evil Muslims" they will be used against anyone the American Empire wants. A right denied to any US prisoner is a right denied to anyone in the US. We need to ensure that Khadr's rights are protected not because of Khadr, but because of ourselves. No matter what someone has done they have rights that must be protected. This belief is what separates humans from monsters.

Should confessions obtained by torture be admissible in US courts?


US Judge OKs confession extracted by threatening suspect with rape

By Eric W. Dolan
Wednesday, August 11th, 2010 -- 3:18 pm

 

 

In one of the first military commissions held under the Obama administration, a US military judge has ruled that confessions obtained by threatening the subject with rape are admissible in court.


The case involves Omar Ahmed Khadr, a citizen of Canada who was apprehended in Afghanistan when he was 15 years old and has remained in Guantanamo Bay for the last seven years awaiting trial for terrorism and war crimes.

 

As AFP reported on Monday,

Khadr, now 23, is accused of throwing a grenade in 2002 that killed a US soldier. He also is alleged to have been trained by Al-Qaeda and joined a network organized by Osama bin Laden to make bombs.

"It's very clear that the government of the US and the government of Canada have decided not to intervene in this case and therefore we are going to see the first case of a child soldier in modern history," said his military lawyer Jon Jackson.

Story continues below...

"When President Obama was elected, I believed that we were going to close the book on Guantanamo and the military commissions. And instead President Obama has decided to write the next sad, pathetic chapter in the book of the military commissions," he added.

In addition to being a child soldier, there is evidence that Khadr's confession was obtained though the use of threats of violence and death....(more at link)

 

 

http://rawstory.com/rs/2010/0811/15yearold-gitmo-detainee-threatened/

 

Originally published by The Raw Story, http://www.rawstory.com

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