No Comment — March 29, 2010, 1:17 pm

Slahi: Another Habeas Defeat for the Justice Department

On March 22, Judge James Robertson, reviewing the habeas corpus petition of Mohamedou Ould Slahi, concluded that the United States had failed to produce sufficient evidence to justify his detention. The Justice Department apparently relied heavily on statements made by Slahi during his detention by the CIA and subsequently in the military prison at Guantánamo. He was the thirty-fourth prisoner to prevail against the United States in the habeas process. Writing in the Miami Herald, Carol Rosenberg notes that Judge Robertson’s opinion is still undergoing declassification and therefore is unavailable. However, she offers some well-grounded speculation about the basis of the case:

[Slahi’s] name was already well known because of investigations into detainee abuse. Those probes found Slahi had been subjected to sleep deprivation, exposed to extremes of heat and cold, moved around the base blindfolded, and at one point taken into the bay on a boat and threatened with death. Investigators also found interrogators had told him they would arrest his mother and have her jailed as the only female detainee at Guantánamo if he did not cooperate. The interrogations were so abusive a highly regarded Pentagon lawyer, Marine Lt. Col. Stuart Couch, quit the case five years ago rather than prosecute him at the Bush administration’s first effort to stage military commissions.

The Slahi case is a good demonstration of the problems that the regime of state-sanctioned torture produces when prosecutors wade into legal proceedings attempting to make use of evidence extracted when torture has been used. This very failure will likely be used by the administration to justify a regime of preventive detention. For the moment, however, the Obama Justice Department is satisfying itself with an appeal.

In Sherry Jones’s documentary “Torturing Democracy,” the Slahi case is very effectively recapped. The outcome of the habeas process was obvious even when this first aired more than a year ago:

Share
Single Page

More from Scott Horton:

From the April 2015 issue

Company Men

Torture, treachery, and the CIA

Six Questions October 18, 2014, 8:00 pm

The APA Grapples with Its Torture Demons: Six Questions for Nathaniel Raymond

Nathaniel Raymond on CIA interrogation techniques.

No Comment, Six Questions June 4, 2014, 8:00 am

Uncovering the Cover Ups: Death Camp in Delta

Mark Denbeaux on the NCIS cover-up of three “suicides” at Guantánamo Bay Detention Camp

Get access to 164 years of
Harper’s for only $45.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

May 2015

In Search of a Stolen Fiddle

= Subscribers only.
Sign in here.
Subscribe here.

Displaced in the D.R.

= Subscribers only.
Sign in here.
Subscribe here.

The Quietest Place in the Universe

= Subscribers only.
Sign in here.
Subscribe here.

Black Hat, White Hat

= Subscribers only.
Sign in here.
Subscribe here.

Beyond the Broken Window

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
Displaced in the D.R.·

= Subscribers only.
Sign in here.
Subscribe here.

“How is it possible that my birth certificate is invalid if I was born here?”
Photograph by Pierre Michel Jean
Article
The Quietest Place in the Universe·

= Subscribers only.
Sign in here.
Subscribe here.

“Gaitskell and his colleagues are approaching the revelation of a new order, a new universe, in which even light will be known differently, and darkness as well.”
Painting by Sebastiaan Bremer
Article
The Test of Time·

= Subscribers only.
Sign in here.
Subscribe here.

“One by one his books dismantle the idea that art consoles, that art contains truths, that art expresses the soul. He insists on the artificiality and createdness of his narratives.”
Article
Saving the Whale, Again·

= Subscribers only.
Sign in here.
Subscribe here.

“While the other Wall Street behemoths are currently tapering their derivatives trading, Citi has been expanding its own.”
Illustration by Ross MacDonald
[Browsings]
On Broadway·

= Subscribers only.
Sign in here.
Subscribe here.

Photograph by the author

Chance that an American would give up at least one week of life to avoid taking a pill every day:

1 in 3

Iowa urologists reported that only a minor portion of locker-room teasing arises from “the presence of excess foreskin”; most teasing targets small penises.

A pair of Russian film directors asked President Vladimir Putin to invest $18 million in a new restaurant chain intended to drive McDonald’s out of the Russian market. “Every project these days,” a Russian television personality said of the proposal, “must be smothered in patriotic sauce.”

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

Subways Are for Sleeping

By

“Shelby is waiting for something. He himself does not know what it is. When it comes he will either go back into the world from which he came, or sink out of sight in the morass of alcoholism or despair that has engulfed other vagrants.”

Subscribe Today