Detention at Guantanamo

The BBC recently published an informative article that deals with the legality of the detainees at Guantanamo and the various processes that defendants are subjected to.

What about evidence obtained by torture or coercion?

Evidence obtained under torture will not be permitted, but evidence obtained by coercion could be.

One problem is that "waterboarding" is not classified as torture by the Bush administration.

If evidence was obtained before 30 December 2005 (that is, the date when the Detainee Treatment Act came into force, outlawing "cruel, inhuman or degrading treatment"), the military judge can allow the evidence if "the totality of the circumstances renders the statement reliable" and "the interests of justice would best be served".

This suggests that some evidence obtained in the so-called "secret prisons" operated by the CIA might be admissible. If it was obtained after 30 December 2005, then the judge would also have to be satisfied that no "cruel, degrading or inhumane treatment" had been used.

Read the whole article