Sunday, October 10, 2010

On Gitmo Trials: The Exclusion of Torture-Related Evidence

For civil libertarians, it was a classic good news/bad news day. The good news was that a court had ruled that the government would pay a price for torture—maybe not in punishments for those who devised the policies, but in significant setbacks for its prosecutions of alleged terrorists. Today, torture met its first institutional, legal rebuke.

The bad news is that this is only the tip of the extra-legal iceberg. The law can be twisted in other ways—outside of the realm of torture—to accommodate the government's unique treatment of Guantanamo defendants, including the possibility of post-acquittal detention

More from CNN on Wednesday's landmark, tainted-evidence ruling in the Ahmed Ghailani trial: Key witness ruled out of terror trial over torture concerns.
- Garry J. Wise, Toronto
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