Lawfare Archive: Can Torture Evidence Be Used at Guantanamo Bay?

Lawfare Archive: Can Torture Evidence Be Used at Guantanamo Bay?

From August 8, 2023: Just weeks ago, the U.S. Court of Appeals for the D.C. Circuit upheld the life sentence of a Yemeni national serving out his time at the Guantanamo Bay detention center. He had appealed this life sentence, in part on the grounds that his conviction was based on evidence obtained by torture. Meanwhile, at the Guantanamo military commissions, another detainee tried to appeal charges against him on the basis that torture-obtained evidence was used in his referral for trial by the military commissions—but in June, the body that reviews referrals for trials at Guantanamo denied this appeal. He and his co-defendants are currently set to have pre-trial hearings in October.

All of this is happening despite the fact that in 2022, in a case about a different Guantanamo detainee, the Biden administration’s Justice Department committed to a reinterpretation of a key statute that blocks the use of torture-obtained evidence in Guantanamo litigation and reaffirmed that it would not try to admit statements that the detainee gave while in CIA custody.

So how and why is it that torture-obtained evidence still seems to be being used in certain GTMO cases? To understand the issues, Lawfare Associate Editor Hyemin Han spoke to Scott Roehm, Director of Global Policy and Advocacy at the Center for Victims of Torture, and an Adjunct Professor of Law at Georgetown Law School. They talked about the history of torture evidence at GTMO, dove into a few cases in context of the Justice Department’s 2022 re-interpretation, and discussed what this all might mean for other GTMO detainees moving forward.

To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.

Support this show http://supporter.acast.com/lawfare.

Hosted on Acast. See acast.com/privacy for more information.

Jaksot(2865)

Episode #66: A Conversation with Shane Harris

Episode #66: A Conversation with Shane Harris

Shane Harris of Foreign Policy magazine sits down with Benjamin Wittes to discuss two major news events of the week: the CIA-SSCI flap and the back-and-forth between NSA and the courts over whether it...

14 Maalis 201441min

Episode #65: A Conversation Between Michael Chertoff and Anthony Romero

Episode #65: A Conversation Between Michael Chertoff and Anthony Romero

Former DHS Secretary Michael Chertoff and ACLU Chief Anthony Romero go mano a mano at a Federalist Society Event over Edward Snowden, metadata collection, standing in national security cases, and othe...

6 Maalis 20141h 1min

Episode #64: The State of the International Order

Episode #64: The State of the International Order

Ten years after the Iraq War and five years after the global financial crisis, the state of the international order is decidedly mixed. The international system faces a new and increasingly complex se...

1 Maalis 20141h 30min

Episode #63: "Improving Critical Infrastructure Cybersecurity: The Cybersecurity Framework and Beyond"

Episode #63: "Improving Critical Infrastructure Cybersecurity: The Cybersecurity Framework and Beyond"

On February 19, the Center for 21st Century Security and Intelligence at the Brookings Institution hosted a panel discussion evaluating the National Institute of Standards and Technology (NIST) Framew...

21 Helmi 20141h 30min

Episode #62: Wittes and Friedersdorf Debate the Ethics of Drones

Episode #62: Wittes and Friedersdorf Debate the Ethics of Drones

Conor Friedersdorf and Benjamin Wittes debate the ethics of drone warfare at the University of Richmond in November 2013.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acas...

14 Helmi 201452min

Episode #61: Defending an Unowned Internet

Episode #61: Defending an Unowned Internet

A discussion at the Berkman Center: In the wake of the disclosures about government surveillance and the rise of corporate-run applications and protocols, is the idea of an “unowned” Internet still a ...

8 Helmi 20141h 38min

Episode #60: Wherein We Talk to DNI General Counsel Robert Litt

Episode #60: Wherein We Talk to DNI General Counsel Robert Litt

DNI General Counsel Robert Litt talks about implementation of President Obama's NSA reforms, privacy rights for foreigners in espionage, spying on foreign heads of state, and amnesty for Edward Snowde...

30 Tammi 201440min

Episode #59: How Osama bin Laden Escaped Afghanistan

Episode #59: How Osama bin Laden Escaped Afghanistan

The Brookings Intelligence Project hosted Foreign Service Officer Yaniv Barzilai on January 23, 2014 to discuss his new book, 102 Days of War---How Osama bin Laden, al Qaeda, and the Taliban Survived ...

24 Tammi 20141h 20min

Suosittua kategoriassa Politiikka ja uutiset

aikalisa
politiikan-puskaradio
rss-ootsa-kuullut-tasta
tervo-halme
ootsa-kuullut-tasta-2
viisupodi
et-sa-noin-voi-sanoo-esittaa
rss-vaalirankkurit-podcast
rss-podme-livebox
rss-asiastudio
otetaan-yhdet
aihe
the-ulkopolitist
radio-antro
rss-hyvaa-huomenta-bryssel
rss-sanna-ukkola-show-verkkouutiset
rss-tasta-on-kyse-ivan-puopolo-verkkouutiset
rss-kiina-ilmiot
rss-kovin-paikka
rss-vain-talouselamaa