Colonel Watkins disagreed. “The protection has met their burden on this fee to point out, by a preponderance of the proof,” he wrote, “that this navy decide has the inherent authority to grant a treatment within the type of administrative sentencing credit score for abusive remedy amounting to unlawful pretrial punishment, particularly when no different treatment is accessible.”
Attorneys have described the Guantánamo navy commissions as the one U.S. venue obtainable to former C.I.A. prisoners, supplied they’re charged with battle crimes, to hunt a treatment for his or her torture within the black websites. These websites, hidden in various international locations, had been arrange by the George W. Bush administration after the Sept. 11 assaults to interrogate high-value prisoners that U.S. ally safety forces arrested and handed over to the C.I.A.
“A navy fee has taken a significant step towards a C.I.A. torture sufferer receiving some kind of modest reparation or treatment, a step that no different U.S. authorities establishment has taken,” stated Scott Roehm, the Washington coverage director for the Heart for Victims of Torture, an advocacy group.
Mr. Roehm known as it “essentially the most fundamental acknowledgment of the US’ obligations, and Mr. Khan’s rights, underneath the Conference In opposition to Torture. The larger take a look at on this case will probably be whether or not Decide Watkins really grants the pretrial punishment credit score Mr. Khan deserves.”
The Pentagon’s chief battle crimes prosecutor, Brig. Gen. Mark S. Martins of the Military, didn’t reply to a query of whether or not he would or may enchantment the choice.
The chief protection counsel, Brig. Gen. John G. Baker of the Marines, forged it as a watershed determination. “It’s about time that we see a method to carry the federal government accountable for the reprehensible torture of Mr. Khan and different commissions defendants in a courtroom a regulation.” he stated. “Whereas it might appear apparent that being tortured by authorities actors ought to have some impact on a defendant’s final sentence, the prosecution has disagreed each step of the way in which.”
Prosecutors argued that, as a result of he pleaded responsible, Mr. Khan had no proper to hunt the credit score. Colonel Watkins disagreed: “He didn’t discount away or waive any credit score for the circumstances underneath which he has been detained at any time limit since his seize in 2003.”