Supreme Court docket to Rule on Whether or not C.I.A. Black Websites Are State Secrets and techniques

The case might have penalties for the trial of the 5 males at Guantánamo who’re accused of conspiring within the Sept. 11 assaults. Prosecutors within the case in opposition to Khalid Shaikh Mohammed and 4 different defendants have withheld these particulars from protection legal professionals within the death-penalty case for nationwide safety causes.

The protection legal professionals need that data to hunt the testimony of eyewitnesses to bolster their argument that the USA has misplaced the ethical authority to execute prisoners who’ve been tortured.

Mr. Zubaydah, a Palestinian man whose actual identify is Zayn al-Abidin Muhammad Husayn, was captured in Pakistan in March 2002 and was initially thought be a high-level member of Al Qaeda. A 2014 report from the Senate Choose Committee on Intelligence mentioned “the C.I.A. later concluded that Abu Zubaydah was not a member of Al Qaeda.”

The Bush administration transferred Mr. Zubaydah, who’s 50, to the Pentagon’s wartime jail at Guantánamo Bay, Cuba, in September 2006, after greater than 4 years in C.I.A. custody. He’s held as a “regulation of struggle detainee,” whom interagency evaluate boards have deemed too harmful to launch. He was granted entry to a lawyer for the primary time in his sixth 12 months of U.S. confinement, however in contrast to the defendants within the Sept. 11 case, he has by no means been charged with against the law.

It’s undisputed that Mr. Zubaydah was subjected to brutal interrogations at a number of black websites.

“On 83 completely different events in a single month of 2002, he was strapped to an inclined board along with his head decrease than his toes whereas C.I.A. contractors poured water up his nostril and down his throat, bringing him close by of loss of life,” Mr. Zubaydah’s legal professionals advised the justices. “He was handcuffed and repeatedly slammed into partitions, and suspended bare from hooks within the ceiling for hours at a time.”

“He was compelled to stay awake for 11 consecutive days, and doused repeatedly with chilly water when he collapsed into sleep,” they wrote. “He was compelled right into a tall, slim field the scale of a coffin, and crammed into one other field that might almost match below a chair, the place he was left for hours. He was subjected to a very grotesque humiliation described by the C.I.A. as ‘rectal rehydration.’”

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