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 #58: A Roundtable Discussion of President Obama's NSA Speech

Episode #58: A Roundtable Discussion of President Obama's NSA Speech

President Obama delivered a major address this morning---and released an accompanying policy directive---in response to the recommendations of his surveillance review group. He announced limited refor...

18 Tammi 201444min

Episode #57: General Stanley McChystal and Kristina Talbert-Slagle on Lessons on Counterinsurgency from the Human Body

Episode #57: General Stanley McChystal and Kristina Talbert-Slagle on Lessons on Counterinsurgency from the Human Body

Are there parallels between insurgencies and illness? Or between healthy bodies and healthy nations? Innovative new thinking argues that indeed there are. As understanding in various related disciplin...

6 Tammi 20141h 11min

Episode #56: Inside NSA, Part V--An Interview with Fran Fleisch, Acting Deputy Director of NSA

Episode #56: Inside NSA, Part V--An Interview with Fran Fleisch, Acting Deputy Director of NSA

In the final episode in our series, "Inside NSA: We Brought In a Recording Device So You Don't Have To," Benjamin Wittes interviews the agency's executive director--and now its acting deputy director-...

20 Joulu 201329min

Episode #55: Inside NSA, Part IV—We Speak with Anne Neuberger, the Woman on Front Lines of NSA's Relations with Industry

Episode #55: Inside NSA, Part IV—We Speak with Anne Neuberger, the Woman on Front Lines of NSA's Relations with Industry

The U.S. technology sector is pretty upset with NSA these days. Anne Neuberger, who manages the agency's relations with the private sector, is on the front lines of this tense relationship. Bobby Ches...

19 Joulu 201342min

Episode #54: Inside NSA, Part III--Wherein We Talk to Lonny Anderson, Chief of NSA's Technology Directorate

Episode #54: Inside NSA, Part III--Wherein We Talk to Lonny Anderson, Chief of NSA's Technology Directorate

Bobby Chesney and Benjamin Wittes sit down with the head of IT at NSA and talk about how Edward Snowden did it, and what's being done to make sure the next Edward Snowden can't do it again. We talked ...

18 Joulu 201342min

Episode #53: Inside NSA, Part II--Wherein We Interview the Agency's Chief of Compliance, John DeLong

Episode #53: Inside NSA, Part II--Wherein We Interview the Agency's Chief of Compliance, John DeLong

In the second episode of our series, "Inside NSA: We Brought In a Recording Device So You Don't Have To," Robert Chesney and Benjamin Wittes talk to John DeLong, the agency's chief of compliance. They...

17 Joulu 201352min

Episode #52: Inside NSA, Part I--A Discusison with General Counsel Rajesh De

Episode #52: Inside NSA, Part I--A Discusison with General Counsel Rajesh De

The first episode in our series, "Inside NSA: We Brought in a Recording Device So You Don't Have To": An interview with NSA General Counsel Rajesh De.Support this show http://supporter.acast.com/lawfa...

16 Joulu 201355min

Episode #51: Colombia's Minister of National Defense Juan Carlos Pinzon Bueno Speaks at Brookings

Episode #51: Colombia's Minister of National Defense Juan Carlos Pinzon Bueno Speaks at Brookings

After more than four decades of conflict, Colombia has made substantial progress under the Uribe and Santos administrations in combating drug trafficking and insurgents and demobilizing paramilitary g...

6 Joulu 20131h 1min

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