Here's a good one: Judge: Torture No Grounds to Dismiss Case

[unhappycamper]

Judge: Torture No Grounds to Dismiss Case
May 11, 2010
Associated Press

NEW YORK -- A Guantanamo Bay detainee brought to the United States for trial on charges he helped the bombing of two U.S. embassies in Africa while he was an aide to Osama bin Laden cannot use allegations of torture by the CIA to dismiss the indictment, a judge said Monday.

U.S. District Judge Lewis A. Kaplan made the ruling in Manhattan after months of consideration of documents, much of their contents redacted, that were submitted by attorneys for Ahmed Khalfan Ghailani and the government.

Kaplan said that Ghailani might be able to sue the government for civil damages or seek criminal prosecution of those who abused him if he can prove his rights were violated by torture, but that he cannot eliminate an indictment charging him in the August 1998 bombings of two U.S. embassies.

The ruling by Kaplan could set a precedent if other Guantanamo detainees are brought to the United States for trials in the civilian court system. Some of them also allege they were tortured. The judge said there were precedents set by other court cases for his findings.

He said a defendant would have to prove the government could win a conviction only by using information gained through torture for him to win dismissal of the indictment.



:puke:

[Lerkfish]

1. calling Dr. Mengele, Dr. Brown, Dr. Howard!

Seems that there is no difference between us and Pinochet.

[mmonk]

2. Not anymore it seems.

[Deep13]

3. That has always been the case with the exclusionary rule.

The remedy for illegally collected evidence is suppression of the evidence, not dismissal of the case.