Justice Department agrees not to use detainee's statements to justify continued imprisonment

[sabra]

Source: AP

WASHINGTON - The Justice Department agreed Wednesday not to use a Guantanamo Bay detainee's confession that he threw a grenade at U.S. soldiers to justify keeping him imprisoned, after his attorneys argued his statements were the result of torture.

The American Civil Liberties Union had asked a federal judge to exclude as evidence all statements Mohammed Jawad made during at least 57 interrogations since his capture in Afghanistan in December 2002. The ACLU, which is handling Jawad's case, said the statements should not be considered because Jawad, who was a teenager at the time of his capture, "has been subjected to repeated torture and other mistreatment" by Afghan and U.S. authorities.

The ACLU says Jawad's treatment at Guantanamo has been "designed to break him down physically and emotionally" and that he's been diagnosed with post-traumatic stress disorder. They say he's been isolated with only minimal contact with other inmates and been subjected to sleep deprivation, and has tried to commit suicide by slamming his head repeatedly against his cell wall.

The Justice Department said in a court filing that it does not oppose the ACLU's motion. They also asked to have until Aug. 3 to determine its next step in Jawad's lawsuit for release from Guantanamo Bay.

Read more: http://www.startribune.com/nation/50886652.html?elr=KArks:DCiUMEaPc:UiD3aPc:_Yyc:aUU

[Autumn]

1. How can this have only 2 recs?

:kick:

[HamdenRice]

6. Because the "Obama is the same as Bush" mob unrec anything that causes cognitive dissonance

with their warped world view. Any good news about the Obama administration is unrec'd.

They can't bear to read actual facts about how drastically Obama is over turning Bush policies.

Fortunately, there are more of us who are part of the reality based community than there are of them. But there is a certain amount of suppression of recs of good news about the administration or the Democratic Party.

[Solly Mack]

2. K&R

[chill_wind]

3. YAY!! KnR

Some back story:


U.S. Relies on Tortured Evidence in Habeas Case-- That Was Tossed in 2008
Government Submits Evidence Tossed in 2008 War Crimes Case
By Daphne Eviatar 6/23/09 1:44 PM

The United States is relying on evidence obtained by torture to prove that it can continue to imprison indefinitely a young man arrested as an adolescent in Afghanistan six and a half years ago, according to documents filed with a federal district court.


http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=389&topic_id=5907553&mesg_id=5907553

[eomer]

4. I hope this is the start of a trend.

I've been dismayed at the many instances where the Obama admin has maintained the same positions as the previous one. I've always held out hope that it was just going to take time for Obama to enforce his will on the such a large entity as the US government.

[chill_wind]

5. Mohammed Jawad - Habeas Corpus- ACLU Statement from today:

This is truly a very encouraging turn of events IMHO.

Government Abandons Reliance On Tortured Evidence In Habeas Case Of Guantánamo Detainee (7/15/2009)

No Credible Evidence To Continue Holding Mohammed Jawad, Says ACLU

FOR IMMEDIATE RELEASE
CONTACT: [phone]; [e-mail]

NEW YORK – The government today stated it would no longer rely on evidence obtained through torture and other coercion in the habeas corpus case challenging the unlawful detention of Guantánamo detainee Mohammed Jawad. The American Civil Liberties Union filed a motion on July 1 to suppress Jawad's statements, and today the Justice Department announced it would not oppose that motion.

"We commend the government for halting its reliance on evidence obtained through torture and other abuse in Mr. Jawad's habeas case," said Jonathan Hafetz, staff attorney with the ACLU National Security Project and a lawyer for Jawad. "Now it is time to send Jawad home to Afghanistan because there is no credible evidence against him. Nearly seven years of unlawful detention is long enough."

The judge in Jawad's military commission trial previously suppressed statements made by Jawad to Afghan and U.S. officials following his arrest, finding that they were the product of torture. However, the government had continued to rely on those same statements in Jawad's habeas corpus challenge, as well as other statements obtained through Jawad's continued abuse at Bagram and at Guantánamo.

Following his 2002 arrest in Afghanistan for allegedly throwing a grenade at two U.S. soldiers and their interpreter, Jawad was subjected to repeated torture and other mistreatment and to a systematic program of harsh and highly coercive interrogations designed to break him physically and mentally. Eventually, Jawad tried to commit suicide in his cell by slamming his head repeatedly against the wall.

The Afghan government recently sent a letter to the U.S. government demanding Jawad's return and suggesting he was as young as 12 when he was captured in Afghanistan and illegally rendered from that country almost seven years ago.

"After more than six and a half years in illegal detention, the government has finally recognized a basic truth – that the statements wrung from Mr. Jawad in Afghanistan and at Guantánamo during more than 50 interrogations do not remotely meet the standard for admissibility in a real court of law. I look forward to bringing Mohammed home to his family shortly," said U.S. Air Force Major David Frakt, a lawyer for Jawad. "Unfortunately, the use of tortured and coerced evidence is still at issue in many other cases. I am hopeful that today's announcement reflects a broader commitment to return to the rule of law and cease reliance on the fruits of torture and abuse as a justification for indefinite detention."

Attorneys on Jawad's habeas case are Hafetz, Frakt, and Arthur Spitzer of the ACLU of the National Capital Area.

Lt. Col. Darrel Vandeveld, the former lead prosecutor in Jawad's military commission case, resigned from the case because he didn't believe he could ethically proceed with it. His declaration in support of the ACLU's position is online at: www.aclu.org/safefree/detention/38370lgl20090112.html

More about Jawad's case is available online at: www.aclu.org/jawad



More background:

Mohammed Jawad - Habeas Corpus
1/13/2009


The ACLU, along with military defense co-counsel, represents Mohammed Jawad – one of two Guantánamo prisoners the United States has charged with war crimes for acts allegedly committed as juveniles – in a habeas corpus action. Jawad's former military prosecutor, Lt. Col. Darrel Vandeveld, supports the ACLU's legal challenge, and has stated that there is "no credible evidence or legal basis" to justify Jawad's detention and prosecution, and that his release present no risk. The ACLU case seeks to challenge the basis of Jawad's illegal detention and prosecution in the unconstitutional military commissions system in federal court.


Jawad has been in custody since he was captured when he was possibly as young as 12. He is accused of throwing a hand grenade at two U.S. service members and their interpreter in Afghanistan. He was captured by Afghan forces who threatened to kill him and his family if he did not confess. This confession, which a military judge later found was obtained through torture, continues to serve as a basis for his six-year long illegal detention at Bagram and Guantánamo.

more:
http://www.aclu.org/safefree/detention/38714res20090113.html

[chill_wind]

7. kick

[No Elephants]

8. Excellent work by the ACLU; excellent response from the D of J.

I would think the prisoner's age when arrested and his pathetic attenpts at suicide had a lot to do with this, as did public opinion.