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Indybay Feature

Attorneys demand preservation of evidence of detainee torture

by wsws (reposted)
Wednesday, December 12, 2007 :Lawyers representing detainees held at the Guantanamo Bay prison camp are bringing new claims that their clients have been subjected to brutal interrogation methods constituting torture, and are demanding that evidence of this torture be preserved. The charges come as the controversy builds over revelations that in 2005 the CIA destroyed hundreds of hours of videotape of interrogations of prisoners held in US custody.
Attorneys representing Binyam Mohammed, 27, a British resident whom the US government refuses to release from Guantanamo, say they have determined the existence of photographs taken by CIA agents that show horrific injuries suffered by their client under torture. Reprieve, representing Mr. Mohammed, says it will be seeking criminal prosecutions against the agents alleged to have carried out the torture.

The photographic evidence is crucial for Mohammed’s case, which is due to go before a Military Commission on charges of terrorism. His lawyers have sent a letter to British Foreign Secretary David Miliband, urging him to ask the US government to stop the CIA from destroying the photos.

Clive Stafford-Smith, one of Mohammed’s attorneys, says he also knows the identities of the CIA agents who were present during his client’s interrogation. In his letter to Miliband, quoted in the Independent, Stafford Smith wrote: “Given the opportunity, we can prove that the evidence was the fruit of torture. Indeed, we can prove that a photographic record was made of this by the CIA. Through diligent investigation we know when the CIA took pictures of Mr. Mohammed’s brutalized genitalia, we know the identity of the CIA agents who were present including the person who took the pictures (we know both their false identities and their true name), and we know what those pictures show.”

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§CIA director testifies behind closed doors on destroyed tapes
by wsws (reposted)
Wednesday, December 12, 2007 :CIA Director Michael Hayden testified before a closed session of the Senate Intelligence Committee Tuesday on the agency’s destruction of videotapes showing American agents torturing two detainees. The decision to hold the hearing behind closed doors is emblematic of the continuing cover-up of illegal acts that rise to the level of war crimes and in which all of official Washington is now implicated.

Hayden is to provide similarly secret testimony to the House intelligence panel on Wednesday.

The obvious question raised by these hearings is why the Democratic congressional leaders chose to shield the CIA from public scrutiny and why they preferred to keep their own comments and questions secret from the American people.

Hayden and other intelligence officials have frequently been called to testify on matters such as the National Security Agency’s secret domestic spying operation, with the intelligence committee convening in open session to air the issues and then going into closed session for questions that the CIA or other agencies insist must remain classified.

In the case of the torture tapes, however, it has already become clear that not only are the CIA, the Justice Department and the White House facing damning revelations and potential criminal inquiries, but leading Democrats themselves were well aware of both the methods of torture used as well as the subsequent destruction of evidence.

The fact that in 2005 the CIA destroyed at least two videotapes documenting the interrogation and torture of two men detained in the agency’s secret prison network was revealed last week by the New York Times and confirmed by Hayden

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