In the military commission case of Al-Nashiri the government had successfully argued that evidence derived from torture did not apply to pretrial proceedings.
The
government recognizes that torture is abhorrent and unlawful, and unequivocally
adheres to humane treatment standards for all detainees. See Executive Order
13491. In the absence of direct authority interpreting Section 948r(a), the
government took the position below that Section 948r(a)’s prohibition on
admission of statements obtained through torture or cruel, inhuman, or
degrading treatment applies only to the trial and sentencing phases of a
military commission and not to pretrial proceedings. Since that filing, the
government has reconsidered its interpretation of Section 948r(a) and, as a
result of that review, has concluded that Section 948r(a) applies to all stages
of a military commission case, including pretrial proceedings. In accordance
with that conclusion, the government will not seek admission, at any stage of
the proceedings, of any of petitioner’s statements while he was in CIA custody.
Maybe my government is starting to behave somewhat humanely!
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