Padilla Lawyers Seek Dismissal Of Terror Case, Cite Mistreatment in Custody
It appears that the mistreatment of foreign prisoners in the "war on terror" extend to the case of the American citizen Jose Padilla.
Criminal charges against accused al-Qaida operative Jose Padilla should be thrown out because of "outrageous government conduct" during his 31/2-year detention in a U.S. Navy brig in South Carolina, Padilla's defense lawyers say. "The government's conduct vis-a-vis Mr. Padilla is a stain on this nation's character, and through its illegal conduct, the government has forfeited its right to prosecute Mr. Padilla," his lawyers said in a legal motion filed this week.
In two additional motions, the lawyers argue the case should be dismissed because the government took too much time between arresting Padilla and charging him.
They contend Padilla's ability to defend himself is compromised as a result of the delay and the mental trauma he suffered.
Defense lawyers claim the government's tactics constitute torture and were "designed to cause pain, anguish, depression and, ultimately, the loss of will to live." ...
According to Padilla's attorneys, the former Broward County resident spent 1,307 days in a 9-by-7-foot cell in an isolated unit of the brig. Sometimes he would be left for hours with his wrists and ankles bound to a chain around his torso, his lawyers state. At night, guards kept him awake with bright lights and loud noises.
During interrogations, Padilla's captors threatened to cut him and pour alcohol on the wounds, to send him to Guantanamo Bay or execute him, according to his attorneys.
They also said his jailers subjected him to noxious fumes and cold temperatures, physically assaulted him and gave him drugs against his will.
Motions to dismiss criminal matters based on government misconduct are granted only in extreme cases. More often, judges exclude evidence derived as a result of the government's illegal conduct. In Padilla's case, Justice Department officials said they will not introduce evidence gathered from his interrogations in military custody. ...
Some of the interrogation tactics described in the defense motions -- including sleep deprivation, stress positions, and exposure to cold -- mirror those approved by the Bush administration for use on terror suspects at Guantanamo Bay.
Civil rights attorney Joseph Margulies, lead counsel in a case challenging the detentions at Guantanamo Bay, calls such interrogation methods "touchless torture."
"The prisoner is every bit as tormented as if there were brute force," Margulies said.
Criminal charges against accused al-Qaida operative Jose Padilla should be thrown out because of "outrageous government conduct" during his 31/2-year detention in a U.S. Navy brig in South Carolina, Padilla's defense lawyers say. "The government's conduct vis-a-vis Mr. Padilla is a stain on this nation's character, and through its illegal conduct, the government has forfeited its right to prosecute Mr. Padilla," his lawyers said in a legal motion filed this week.
In two additional motions, the lawyers argue the case should be dismissed because the government took too much time between arresting Padilla and charging him.
They contend Padilla's ability to defend himself is compromised as a result of the delay and the mental trauma he suffered.
Defense lawyers claim the government's tactics constitute torture and were "designed to cause pain, anguish, depression and, ultimately, the loss of will to live." ...
According to Padilla's attorneys, the former Broward County resident spent 1,307 days in a 9-by-7-foot cell in an isolated unit of the brig. Sometimes he would be left for hours with his wrists and ankles bound to a chain around his torso, his lawyers state. At night, guards kept him awake with bright lights and loud noises.
During interrogations, Padilla's captors threatened to cut him and pour alcohol on the wounds, to send him to Guantanamo Bay or execute him, according to his attorneys.
They also said his jailers subjected him to noxious fumes and cold temperatures, physically assaulted him and gave him drugs against his will.
Motions to dismiss criminal matters based on government misconduct are granted only in extreme cases. More often, judges exclude evidence derived as a result of the government's illegal conduct. In Padilla's case, Justice Department officials said they will not introduce evidence gathered from his interrogations in military custody. ...
Some of the interrogation tactics described in the defense motions -- including sleep deprivation, stress positions, and exposure to cold -- mirror those approved by the Bush administration for use on terror suspects at Guantanamo Bay.
Civil rights attorney Joseph Margulies, lead counsel in a case challenging the detentions at Guantanamo Bay, calls such interrogation methods "touchless torture."
"The prisoner is every bit as tormented as if there were brute force," Margulies said.
posted by Effwit at 9:42 AM
5 Comments:
I ate out tonight at a steakhouse a la Mexicana. I munched upon a one kilo mongo-huge sirloin and had a chicken padilla as a side course. Yummy. Jeb Bush did not keep me company tonight - I opted instead for a long-legged Swedish girl named Anna. If Jeb had a chance, I know he'd have done the same thing too.
Sounds like a fun evening.
Shut up, ya masterbatin' wizard.
Hang on a sec...r u a racist fuck - confusin' padilla avec tortilla?..Ya gringo mutha fucka
M1:
Nice
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