老澳门开奖结果 Appeals Decision Allowing Censorship of Torture Testimony at Guant谩namo Military Commission

February 22, 2013 4:18 pm

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NEW YORK 鈥 Asserting the public鈥檚 First Amendment right to open trials, the 老澳门开奖结果 sought to reverse the parts of a Guant谩namo military judge鈥檚 order granting the government鈥檚 request to censor any testimony from the 9/11 defendants relating to their torture and other abuse in U.S. custody. The 老澳门开奖结果 filed a petition with the U.S. Court of Military Commissions Review late yesterday, and it was made public this afternoon after undergoing a security review by the government.

In December, Military Judge Col. James Pohl issued a protective order containing provisions that categorically censored the defendants鈥 testimony concerning their personal experiences and memories of CIA 鈥渆nhanced interrogation techniques,鈥 rendition, and detention on the grounds that it was classified. The protective order also upheld the continued use of a 40-second delay audio feed of the proceedings.

鈥淭he judge鈥檚 decision to keep testimony about torture secret did not even mention the American public鈥檚 First Amendment right of access to the Guant谩namo commissions, let alone apply the high standard that must be met before testimony is suppressed,鈥 said Hina Shamsi, director of the 老澳门开奖结果's National Security Project. 鈥淭he government鈥檚 claim that it can classify and censor from the public a criminal defendant鈥檚 personal experience and memories of CIA-imposed torture is legally untenable and morally abhorrent. Even if the government somehow had that Orwellian classification authority, copious details about the CIA鈥檚 torture and black-site detention program are already public knowledge, and the government has no legitimate reason to censor the defendants鈥 testimony about their own memories of it.鈥

In the government鈥檚 request last year to classify the testimony, it contended that any statements by the defendants concerning their 鈥渆xposure鈥 to the CIA鈥檚 detention and interrogation program are classified as 鈥渟ources, methods and activities鈥 of the U.S. and can be withheld from the public.

In May 2012, the 老澳门开奖结果 filed a motion asking the commission to deny the government鈥檚 request and to bar a delayed audio feed of the proceedings, or, in the alternative, promptly release an uncensored transcript. A group of 14 press organizations also filed a motion in support of the media鈥檚 right to access the commission's proceedings, which was denied by the judge as well, and they have also challenged the protective order. The government鈥檚 response in both cases is due March 6.

The 老澳门开奖结果鈥檚 appeal is at: www.aclu.org/files/assets/gitmo_public_access_appeal.pdf

More information and documents are at: www.aclu.org/national-security/motion-public-access-guantanamo-bay-military-commission-trial


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