President Barack Obama has a policy of not looking back on Bush-era torture and abuse, at least where the torture falls within approved standards.
Also under Obama policy, Omar Khadr is being tried by military commission.
Those who can will be tried in civilian court. Those who cannot, like Khadr, will be tried by military commission. Those who still cannot, will be held indefinitely without charge.
These policies lead to travesty of justice.
About Damien Corsetti
Look, they leave us alone in this room, they give me a roll of duct tape to tie you to the chair, I turn off the light and in five hours you sign a piece of paper for me saying that you’re Osama bin Laden.
Damien Corsetti
Interrogator Damien Corsetti will be testifying for the defense, in support of the idea that Khadr's confessions were, to put it mildly, coerced. Reportedly, including by threat of rape.
In the dry language of a court filing:
On several occasions, interrogators threatened to have Mr. Khadr raped, or sent to other countries like Israel, Syria, Jordan, or Egypt to be raped.
I believe that Damien Corsetti was busted in rank to Private for this event at Abu Ghraib:
First, the group took her out of her cell and escorted her down the cellblock to an empty cell. One unidentified Soldier stayed outside the cell (SOLDIER33, A/519 MI BN); while another held her hands behind her back, and the other forcibly kissed her (SOLDIER32, A/519 MI BN). She was escorted downstairs to another cell where she was shown a naked male detainee and told the same would happen to her if she did not cooperate. She was then taken back to her cell, forced to kneel and raise her arms while one of the Soldiers (SOLDIER31, A/519 MI BN) removed her shirt. She began to cry, and her shirt was given back as the Soldier cursed at her and said they would be back each night.
Fay Report Incident #2
Corsetti is also alleged to have put his penis in the face of a Saudi detainee, at Bagram. Combining use of the religious humiliation interrogation technique, Corsetti instructed the Saudi in what he would now be worshiping.
Last year, I wrote a diary (not a pleasant read) showing threat of rape being an ever-present technique at Abu Ghraib, and actual rape, as interrogation technique, being common. Corsetti's use of the technique, Omar Khadr's being the recipient of the technique, is just not unusual.
About Military Commissions
The rules for the military commissions are designed to minimize evidence of torture making it into official records. The don't look back policy requires it. I suspect that this factor is more important than getting convictions from nothing but tortured confessions and tortured accusations.
Amnesty International has a diary today, about the difficulties in fairly trying events that happened inside interrogation rooms, events that involve secretive intelligence outfits.
The problem for the defense is proving that their client's account of events in Bagram is accurate and the version presented by his former interrogators false. There are no eyewitnesses to Omar Khadr's treatment except those who are alleged to be responsible.
Damien Corsetti, Omar Khadr's interrogator, gives an explanation above of how this works.
Omar Khadr is before a military commission, to prevent a fuller account of events from being presented.
Omar Khadr is before a military commission, where he is limited in his ability to defend himself, as direct consequence of the President's policy of not looking back. This is a travesty of justice.
The prosecution could make interrogators and documents available to defense, they are not required to keep all secrets. The military keeps the secrets, preventing fair trial, in support of the President's policy of not looking back. This is a travesty of justice.
Military commissions are limited in their consideration of evidence. Only the administration knows the fuller story of the level of coercion in Omar Khadr's confessions.
The administration, knowing the true fuller story, could proceed in ways that make the fuller story available in court, available to defense, and allow fairer trial.
It will not, for Omar Khadr, in support of the President's policy of not looking back. The policy leads to travesty of justice.