Despite the long-established proscriptions against the use of torturous information in legal proceedings under both domestic and international law, there have been concerted efforts by US prosecutors to prohibit courts from fully recognizing the extent to which the government is forbidden from utilizing information obtained from torture at CIA black sites and Guantanamo.
The case of Guantanamo Bay detainee, Encep Nurjaman, serves as a pertinent example of this issue. Nurjaman, who has been held in custody for over a decade on suspicion of financing terrorist activities, challenges his referral for trial before a military commission. An amicus brief recently submitted on his behalf by international medical doctors, psychologists, and professors offered expert analysis on the physical and mental harm inflicted on victims of torture. The brief also explained how the utilization of evidence derived from torture debilitates the judicial system and considerably reduces its reliability.
This submission underlines that the use of torture isn’t just a moral or legal aberration, but a distinct impairment to the reliability of the justice system. Torture and the resultant cognitive, emotional, and behavioral deterioration of victims compromise not only their ability to provide accurate information, but also their capacity to participate effectively in their defense or to engage constructively with legal representatives. The brief mentions specifically that torture actually decreases individuals’ reliability.
The culture of torture also obstructs the standard operations of the legal system, with fear limiting transparency and leading to the suppressing of evidence, prosecuting matters ex part, and spying on defendants’ communications with their counsel. Notably, the ethical obligations of involved professionals, such as the medical professionals at Guantanamo Bay, are grossly violated.
Ultimately, torture’s nefarious effects are in no way circumscribed. Its use and the subsequent admissibility of torture-derived evidence make a mockery of our shared principles of ethics, humanity, decency, and ordered liberty. It is incumbent upon us to recognize the full extent of this damage and work against its proliferation within our judicial system.
The case is In re Nurjaman, D.C. Cir., No. 23-1294, with government response due by February 7, 2024.