Pentagon mulls torture rule on Guantanamo evidence (can this be

true? If ban evidence then why torture?


http://news.yahoo.com/s/nm/20060322/pl_nm/security_guantanamo_dc&printer=1;_ylt=AtVj79VMmbd3lMWz0diZz54b.3QA;_ylu=X3oDMTA3MXN1bHE0BHNlYwN0bWE-
Pentagon mulls torture rule on Guantanamo evidence

By David MorganWed Mar 22, 4:17 PM ET

In what would be a key change in U.S. policy, the Pentagon may formally require military prosecutors to observe a U.N. convention against torture in their use of evidence during tribunals at the Guantanamo Bay prison camp.

Such a move would represent a formal bar on the use of any evidence obtained by torture in prisoner tribunals at the U.S. naval base in Cuba, where the United States has held hundreds of foreign terrorism suspects since early 2002.

Washington has faced steady criticism over the Guantanamo camp from the United Nations, rights groups and some foreign governments. Former detainees have charged U.S. authorities use torture at the camp, which the Pentagon denies.

Defense Department spokesman Bryan Whitman said on Wednesday the administration up to now has relied on prosecutors to ensure that their cases before tribunals, known as military commissions, reflect President George W. Bush's stated policy that the United States not condone torture......

if they can't use any testimony because it was obtained under torture. Maybe they can just let everyone go. I just wonder how many innocent men have already been beaten to death as contractor sport. This whole thing may turn on them. The Pentagon should just let them all go home although there may be complications with that as well. Some prisoners apparently fear for their lives if returned. Some must have gone psychotic by now. Some must be brain damaged from blunt force trauma to their skulls. Some must have turned into American hating fanatics and will be terrorists who will actually make a life long vow to hurt America any way they can. It would make good Republican hype if a released detainee was later found to be plotting or committing terrorist acts. Lord, oh dear.

PROGRESS!

:eyes:

Jebus fucking Cripes.

...saying that they aren't going to abide by these ridiculous justifications of torture.

Could this be one of the many signs of our military resenting the Bush admin's running of these various wars and occupations?

And what does that portend? Something good, I hope.

b_b

reading Hersch's Chain if Command and it sure sounds like Rummy calls the shots .

Article 15
Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made.

Article 15
Convention against Torture and Other Cruel,Inhuman
or Degrading Treatment or Punishment>


Executive Order changing the rules regarding evidence




US Code 10 Section 836 Article 36

Military Tribunal Rules


Bush changed the tribunal rules using word "practicable" as a loop-hole,coupled with his warped thinking, making evidence by torture permissable, albeit through fallacious reasoning. The Military Tribunal Rules do not say "no evidence obtained by torture permitted" in those exact words, but read the rules. The rules don't say you can violate existing US Code either. - as Article 15 does apply to the laws of war, military tribunals are required to follow them. Also, US Code, Section 836, Article 36 states military tribunals must apply the principles of "law and rules of evidence" recognized(as acceptable/legal)in criminal trials in US district courts to military tribunals. Meaning, the rules of evidence ( method of obtaining evidence and it's application) in a military tribunal is governed by US Code.

The Pentagon, if the OP article is accurate in it's intent, would be going back to the original intent of the law as it's been applied for years - before Bush and his torture policy came along. IF that's the intent of the article. However, I've got my doubts.

I'm wondering how Bush will respond to this - what tortured logic he will use to continue to his torture policy.

Also, Air Force Maj. Jane Boomer, from the article, is a lying sack of shit.

......I'm wondering how Bush will respond to this - what tortured logic he will use to continue to his torture policy.

but then, people should know the law for this very reason...people like Bush do exist.

the staggering chutzpah of these criminals is mind boggling