The military judge hearing the case of five Guantanamo prisoners charged with aiding the terrorist attacks of 11 September 2001, ruled that prosecutors cannot use the testimony of detainees, during interrogations the FBI after they were transferred from secret CIA prisons.
Judge James Paul, Colonel, United States Army, ruled Friday that the testimony of detainees, these “clean teams” of FBI cannot be used in the trial, where the accused faces the death penalty.
The detainees were questioned when they were in a secret overseas prisons, which were under the control of the CIA. After being transferred to a detention center for Guantanamo prisoners, they were again interrogated by the “clean team” of FBI, i.e. the agents that were not familiar with the previous statements or materials of interrogations of detainees.
Lawyers for the defendants insisted that the testimony of detainees to the FBI might have affected previous interrogations. In accordance with his defense lawyers trying to establish the conditions under which the CIA interrogated the accused.
Among the five detainees – Khalid Sheikh Mohammed, who is described as the main organizer of the September 11 attacks.
In accordance with decision of Gender, the protection is forbidden to investigate the circumstances of the interrogations of detainees by the CIA.
However, the judge noted, “to provide protection, in fact, the same opportunities to protect that which she would have received, upon discovering or having access to specific classified information, the government is not allowed to introduce any statements made by any of the accused to clean the command the FBI, for any purpose”.
The judge’s decision is seen as a potential blow to the prosecution, who now may have to rely on the testimony of detainees, and documents captured in Afghanistan and Pakistan, as well as other evidence, according to the report Mcclatchie.