WASHINGTON — Military prosecutors have asked to wipe from the record information gleaned from the torture of a detainee now held at Guantánamo Bay, reversing their earlier position that the information could be used in pretrial proceedings against the man. By law, prosecutors in a military commission trial are forbidden to submit evidence derived from torture. Biden administration lawyers were troubled by the decision because they would be expected to defend the use of such information before appeals courts. The ruling, the first known instance in which a military judge permitted prosecutors to use information gained through torture, also carries larger implications for all cases at Guantánamo. Gen. Mark S. Martins, had cited a statement obtained through torture, clashing with senior administration officials who questioned his authority to do so.

Source: New York Times July 18, 2021 01:52 UTC