By GottaLaff
Being a distant relative by marriage to one of the 9/11 hijackers, like say, being married to a sister of the hijacker's wife, is enough to get you imprisoned for years and tortured. That is exactly what happened to Ahmed al-Darbi, and very similar to what happened to Fayiz al-Kandari:
U.S. military prosecutors allege that Ahmed al-Darbi has met with Osama bin Laden, trained at an al-Qaida terrorist camp, and plotted to blow up a ship in the Strait of Hormuz or off Yemen. But the government may never be able to bring those allegations to court because of the torture the prisoner says he suffered in U.S. custody in Afghanistan. Al-Darbi says American troops subjected him to beatings, excruciating shackling, painfully loud music, isolation and threats of rape, according to a new affidavit obtained by The Associated Press. If al-Darbi's statements to interrogators were indeed obtained under such circumstances, they will likely be thrown out.
Hmyeah, that's the drawback of horrifically abusing and torturing prisoners: It backfires. Oh, and it's also cruel and inhuman. It also permanently damages human beings (and their families), psychologically, emotionally, and physically. But back to the (il)legal aspects:
"I was frightened and there were times I wished I would die," the 33-year-old prisoner from Saudi Arabia said in the statement taken in July at Guantanamo, which was provided to the AP by his lawyer. "I felt that anything could happen to me and that everything was out of control."
Al-Darbi's is a test case of sorts for what will happen under the Obama administration to prisoners who allege their testimony was forced out of them under torture. His affidavit illustrates one of the greatest challenges facing President Barack Obama as he tries to determine what to do with the 229 prisoners still left at Guantanamo, the military prison at the U.S. base in Cuba. Obama has vowed to close the prison by early next year.
Under former President George W. Bush, the special war crimes tribunals known as Military Commissions allowed "coerced" statements from defendants at a judge's discretion. But the rules are changing for the 60 or so prisoners whom authorities had planned to prosecute: The Obama administration has prohibited the use of confessions obtained under "cruel, inhuman or degrading treatment." A Justice Department official has told Congress, which is drafting new rules for Military Commissions, that only "voluntary" statements are likely to withstand future court challenges.
But legal experts believe a number of cases can't be prosecuted because conditions were so harsh in Guantanamo, Afghanistan and secret CIA "black sites" elsewhere. The number of cases involved isn't known publicly since most of the background is still classified.
In some cases, Obama will have no choice but to release the prisoners or, if they are considered too dangerous, place them in "preventative" detention, said David Glazier, an associate professor at Loyola Law School in Los Angeles. Either scenario opens the president up to criticism, but Glazier, a former Naval officer and expert in military law, says it's better than allowing convictions that aren't reliable or would be viewed as illegitimate around the world.
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All my previous posts on this subject matter can be found here; That link includes one specific to only Fayiz al-Kandari's story here. Here are audio and video interviews with Lt. Col. Wingard, one by David Shuster, one by Ana Marie Cox, and more. My guest commentary at BuzzFlash is here.
If you are inclined to help rectify these injustices: Twitterers, use the hashtag #FreeFayiz. We have organized a team to get these stories out. If you are interested in helping Fayiz out, e-mail me at The Political Carnival, address in sidebar to the right; or tweet me at @GottaLaff.
If you'd like to see other ways you can take action, go here and scroll down to the end of the article.
Then read Jane Mayer's book The Dark Side. You'll have a much greater understanding of why I post endlessly about this, and why I'm all over the CIA deception issues, too.
More of Fayiz's story here, at Answers.com.
H/t: mparent77772 and VNDNBRG