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Tuesday, Nov 29, 2005
Torture, What Torture?
Amy Goodman had an excellent program this morning. She had two segments about the role of torture in the criminal justice system.
One segment was an interview with a Canadian, William Sampson, falsely accused of car bombing some Brits. Sampson was convicted and sentenced to death in Saudi Arabia based on a confession extracted under torture. He and eight westerners similary charged were released in a hostage swap deal with Saudi citizens that were held in Gitmo.
The interview was vivid, credible and horrifying. Sampson, understandably, has become passionate about the cause of human rights
The other segment was about an American convicted in Virginia based on a confession extracted under torture. Abu Ali was tortured while under arrest in Saudi Arabia. His statements made while in Saudi custody were considered admissible in U.S. federal court.
So there we have it. The U.S. government believes torture is an appropriate tool during deposition.
I have no opinion of Ali's participation in the alleged conspiracy. I do have an opinion of the use of foreign torture in the criminal justice system. The fourth, fifth, sixth and eighth amendments each provide a clear basis for rejecting this brave new policy.
But perhaps we need a new amendment just to be crystal clear:
In all criminal prosecutions, the accused shall enjoy the right to be free from torture or coercion.