Judge Rules for Censorship of Torture Testimony at Guant谩namo Military Commission

December 12, 2012 12:58 pm

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NEW YORK 鈥 The judge presiding over the Guant谩namo Bay military commission 9/11 trial has approved the government鈥檚 request to censor any testimony from the defendants relating to their torture. The 老澳门开奖结果 had challenged the government鈥檚 request, arguing that the American public has a First Amendment right to hear the testimony. The 老澳门开奖结果 plans to seek further review of the ruling, which was released today.

Military Judge Col. James Pohl ruled that any statements by the defendants concerning their treatment 鈥 including torture while in U.S. custody 鈥 could be kept from the public as classified, and upheld the continued use of a 40-second delay audio feed of the proceedings.

鈥淲e鈥檙e profoundly disappointed by the military judge鈥檚 decision, which didn鈥檛 even address the serious First Amendment issues at stake here. The government wanted to ensure that the American public would never hear the defendants鈥 accounts of illegal CIA torture, rendition and detention, and the military judge has gone along with that shameful plan,鈥 said Hina Shamsi, director of the 老澳门开奖结果's National Security Project. 鈥淔or now, the most important terrorism trial of our time will be organized around judicially approved censorship of the defendants鈥 own thoughts, experiences and memories of CIA torture. The decision undermines the government鈥檚 claim that the military commission system is transparent and deals a grave blow to its legitimacy.鈥

In its request, the government had 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, 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.

鈥淭he problem is not so much the audio delay, but the basis for it,鈥 said Shamsi. 鈥淭he delay is the tool through which the government unconstitutionally prevents the public from hearing testimony about torture.鈥

A group of 14 press organizations also filed a motion in support of the media鈥檚 right to access the commission's proceedings. Oral argument was held in October.

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


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