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Michael Otterman is currently a Visiting Scholar at the Centre for Peace and Conflict Studies at the University of Sydney, as well as an award-winning journalist and filmmaker.
Saturday, March 03, 2007
Reading Between the Lines
Military Commissions Act, Page 8:
‘‘(c) STATEMENTS OBTAINED BEFORE ENACTMENT OF DETAINEE TREATMENT ACT OF 2005.—A statement obtained before December 30, 2005 (the date of the enactment of the Defense Treatment Act of 2005) in which the degree of coercion is disputed [it will always be disputed by Department of Defense] may be admitted only if the military judge finds that—
‘‘(1) the totality of the circumstances renders the statement reliable [tortured statements, by definition, are not reliable] and possessing sufficient probative value [all evidence is probative]; and
‘‘(2) the interests of justice would best be served by admission of the statement into evidence. [admission of tortured statements, by definition, deny justice— not serve it]