Monday, July 21, 2008

Gitmo judge: No ‘highly coercive’ evidence

GUANTANAMO BAY NAVAL BASE, Cuba - The judge in the first American war crimes trial since World War II barred evidence on Monday that interrogators obtained from Osama bin Laden's driver following his capture in Afghanistan.

Prosecutors are considering whether to appeal the judge's ruling — a development that could halt the trial of Salim Hamdan that began earlier Monday after years of delays and legal setbacks.

"We need to evaluate ... to what extent it has an impact on our ability to fully portray his criminality in this case, but also what it might set out for future cases," said Army Col. Lawrence Morris, the tribunals' chief prosecutor.

The judge, Navy Capt. Keith Allred, said the prosecution cannot use a series of interrogations at the Bagram air base and Panshir, Afghanistan, because of the "highly coercive environments and conditions under which they were made."

At Bagram, Hamdan says he was kept in isolation 24 hours a day with his hands and feet restrained, and armed soldiers prompted him to talk by kneeing him in the back. He says his captors at Panshir repeatedly tied him up, put a bag over his head and knocked him to the ground.

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