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US Military Judge OKs confession extracted by threatening suspect with RAPE

In one of the first military commissions held under the Obama administration, a US military judge has ruled that confessions obtained by threatening the subject with rape are admissible in court. The case involves Omar Ahmed Khadr, a citizen of Canada who was apprehended in Afghanistan when he was 15 years old and has remained in Guantanamo Bay for the last seven years awaiting trial for terrorism and war crimes. As AFP reported on Monday, Khadr, now 23, is accused of throwing a grenade in 2002 that killed a US soldier. He also is alleged to have been trained by Al-Qaeda and joined a network organized by Osama bin Laden to make bombs. "It's very clear that the government of the US and the government of Canada have decided not to intervene in this case and therefore we are going to see the first case of a child soldier in modern history," said his military lawyer Jon Jackson. "When President Obama was elected, I believed that we were going to close the book on Guantanamo and the military commissions. And instead President Obama has decided to write the next sad, pathetic chapter in the book of the military commissions," he added. In addition to being a child soldier, there is evidence that Khadr's confession was obtained though the use of threats of violence and death. Globe and Mail reports, In May hearings, a man identified as Interrogator 1 said in testimony that he threatened Mr. Khadr with being gang-raped to death if he did not co-operate. That interrogator was later identified as former U.S. Army Sergeant Joshua Claus. He has also been convicted of abusing a different detainee and has left the military. Mr. Khadr’s military-appointed lawyer, Lieutenant-Colonel Jon Jackson, argued this instance, as well as other alleged instances of torture and coercion, are enough to render any future confessions – even those in so-called “clean” interrogations – inadmissible in court. Although Khadr's confessions were obtained in this manner, the military judge presiding over the case ruled they are still admissible as evidence. Another Guantanamo detainee, a former bodyguard of Osama bin Laden, has already entered a plea agreement, but information about his sentence has been sealed by a US military judge. In response to the two tribunals, Jennifer Turner writes at the American Civil Liberties Union's Blog of Rights: Although President Obama promised transparency and sharp limits on the use of tortured and coerced statements against the accused, at Guantánamo today one military judge ordered that a sentence be kept secret from the public and another military judge allowed statements obtained by abuse and coercion of a 15-year-old to be used at trial. The United Nations has also condemned Khadr's trial, saying that "the statute of the International Criminal Court makes it clear that no one under 18 will be tried for war crimes," and noting that "no child has been prosecuted for a war crime" since World War II. Alex Neve, the Secretary General of Amnesty International Canada adds, When set against the systematic failure of the US authorities to ensure accountability and remedy for the human rights violations, including torture, that have occurred at the hands of US personnel in the context of what the previous administration called the “war on terror”, the ruling – which took no more than perhaps 90 seconds at the outside to deliver – is less surprising, if no less troubling.

6 Comments in Response to

Comment by Ross Wolf
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Military Threaten Rape—Get Confession / McCain Bill Would Put Americans In Military Custody.

On March 4, 2010, Sen. John McCain introduced S.3081, The “Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010.”

Sen. McCain’s S.3081 would eliminate several Constitutional protections allowing Government to arbitrarily pick up Americans on mere suspicion—with no probable cause. Your political opinions and statements made against U.S. Government could be used by Authorities to deem you a “hostile” “Enemy Belligerent” to cause your arrest and indefinite detention. S.3081 is so broadly written innocent anti-war protesters and Tea Party Groups might be arrested and detained in military custody just for attending demonstrations; Government can charge that attending demonstrations "materially supported hostilities." McCain’s introduced possibly the anti-free Speech Bill in Modern U.S. History.

Under S.3081, an “individual” need only be Suspected by Government of “suspicious activity” or “supporting hostilities” to be dragged off and held indefinitely in Military Custody. Government will have the power to detain and interrogate any individual without probable cause. Government need only allege an individual kept in detention, is an Unprivileged Enemy Belligerent suspected of; having engaged in hostilities against the United States or its coalition partners; or has purposefully and materially supported hostilities against the United States; its coalition partners; or U.S. civilians. How could one prove to Government they did not purposely do something? “Materially Supporting Hostilities” against the United States could include any person or group that spoke out or demonstrated disapproval against an agency of U.S. Government. It is foreseeable many Americans might go underground to Resist Government Tyranny. Definition for Unprivileged Enemy Belligerent: (Anyone Subject to a Military Commission)

At least under the Patriot Act, law enforcement generally needed probable cause to detain a person indefinitely. Passage of S.3081 will permit government to use “mere suspicion” to curtail an individual’s Constitutional Protections against unlawful arrest, detention and interrogation without benefit of legal counsel and trial. According to S.3081 Government is not required to provide detained individuals U.S. Miranda Warnings or even an attorney.

S.3081 if passed will frighten Americans from speaking out. S.3081 is so broadly written, it appears any “individual” who writes on the Internet expressing an opinion against or an entity of U.S. Government or its coalition partners might be detained on the basis he or she is an “unprivileged enemy belligerent”, “supporting hostilities against U.S. Government.” The “supporting hostilities” provisions in S.3081 are so broad, Government could use mere “suspicion” to detain U.S. corporate executives on the premise their corporations “supported hostilities” by providing goods or services to a nation engaged in hostilities against the United States.

How might Americans respond should Government use this bill to take away their loved ones, family members and friends on mere suspicion? It is foreseeable McCain’s bill will drive lawful political activists underground, perhaps creating the domestic terrorists McCain said we needed to be protected from.

McCain’s bill mentions “non-violent acts" supporting terrorism in the U.S. and or emanating from America against a Coalition Partner. Non-violent terrorist acts" are covered in the Patriot Act to prosecute Persons that support “coercion or intimidation to influence a government or to affect a civilian population.” However, U.S. activists and individuals under S.3081 would be much more vulnerable to prosecution, if (charged with only suspicion) of “intentionally providing support to an Act of Terrorism”, for example American activists can’t control what other activists might do illegally—they network with domestically and overseas. Under the Patriot Act, law enforcement generally needs probable cause to detain or prosecute someone. But under S.3081, law enforcement and the military can too easily use (hearsay or informants) to allege “suspicious activity” to detain someone. It is problematic under S.3081 that detained individuals in the U.S. not involved in terrorism or hostile activities, not given Miranda Warnings or allowed legal counsel will be prosecuted for ordinary crimes because of their alleged admissions while in military custody.

Comment by G Cone
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Someone get Jack Gregson a new keyboard, his enter key and tab key don't work! 

Comment by Dennis Andersen
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 The Commucrats are raping the United States and it's legal citizens so they (George Soros Commucrat party) figure it's o.k. for the military too! But don't do waterboarding, it'll get them wet!

Comment by Anonymous
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While the American Judicial System is laughable the Military system is an absolute farce, and, in this specific case, just short of a war crime itself.

Comment by Darren Wolfe
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Is that a picture of Freisler? How appropriate. 

Comment by Mark Pickens
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How many would confess to anything interrogators ask for to avoid being murdered?   (Good thing this is a one-time case.)

Mark Read Pickens


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