Monday, December 04, 2006
Padilla replies to torture
We broke the Jose Padilla motions to dismiss based on torture and the Government's response. Padilla has now replied. I don't know how to link to stuff that I scan into my computer. Does anyone know how to do this? UPDATE -- Thanks to a helpful reader, HERE ARE ALL THE PLEADINGS. In any event, here is a synopsis of the evidence Padilla plans on presenting at the hearing on the motion (the Government opposes a hearing):
UPDATE -- Here is a NY Times article on the allegations and a picture of how Padilla was moved around while at the brig. And here is the AP article written by Curt Anderson in the Washington Post.
Although Mr. Padilla’s allegations, with nothing more, should merit an evidentiary hearing, Mr. Padilla does not anticipate reliance on merely his word in meeting his burden of persuasion in this motion. Attached as Exhibit “A” is an affidavit from Mr. Padilla affirming that all the factual allegations in his motion to dismiss the indictment for outrageous government conduct are true. Attached as Exhibit “B” is an affidavit from Dr. Angela Hegarty who has evaluated Mr. Padilla and concludes, to a reasonable degree of medical certainty, that Mr. Padilla was tortured during his detention as an enemy combatant and suffers from post-traumatic stress disorder as a result of the conditions of his confinement. Attached as Exhibit “C” is a memorandum from Dr. Stuart Grassian, a renowned expert on the deleterious effect of isolation, explaining the mental and physical problems that arise from prolonged isolation and sensory and sleep depravation. Attached as Exhibit “D” is a declaration from Andrew Patel, Esq., regarding his knowledge of Mr. Padilla’s conditions of confinement and the adverse reactions Mr. Padilla has suffered due to the conditions of his confinement, including an inability to assist counsel. Attached as Exhibit “E” are still frames from an unclassified video of Mr. Padilla being transported from his cell to other parts of the facility where he was confined. These still frames show Mr. Padilla being brought out of his cell with a mask and earmuffs and all manner of restraints. One of the stills provides a partial vantage of Mr. Padilla’s cell. In addition to the attached affidavits, Mr. Padilla will separately file a request for a § 5(a) filing pursuant to the Classified Information Procedures Act, 18 U.S.C. App. III, supporting the allegations made by his motion. Also, undersigned counsel have made a specific discovery request for information pertinent to Mr. Padilla’s conditions of confinement, including Mr. Padilla’s interrogation plan, all orders authorizing interrogation techniques employed against Mr. Padilla, and the identities of all persons who conducted interrogations of Mr. Padilla or were responsible for making determinations on Mr. Padilla’s condition of confinement. Finally, Mr. Padilla has also reiterated his demand that the government fully comply with this Court’s Order, DE 572, compelling the government to turn over records generated during Mr. Padilla’s confinement. This Court ordered the government’s compliance within thirty days of September 14, 2006. Id. As of this filing, almost eighty days have elapsed since September 14 and the government still has not fully complied with this Court’s Order.