American Civil Liberties Union

The Justice Department has finished sweeping the crimes of the Bush administration under the rug. Senior officials developed and implemented an interrogation program that subjected prisoners to abuse that clearly violated the law by any measure. But today, Attorney General Eric Holder announced that the Justice Department will close its investigation into the CIA’s torture and abuse of detainees without bringing charges.

In an order made public today, a military commissions judge at Guantánamo Bay announced that he will hear oral argument on the ACLU’s challenge to censorship of torture at the trial of the 9/11 defendants.

In May, we filed a motion asking the military commission to deny the government’s request to suppress statements by the defendants about their treatment while in U.S. custody, including torture and other abuse.  As we said in our motion,

When the U.S. ratified the international treaty on the rights of children in armed conflict in 2002, it committed to protecting children under 18 from military recruitment and deployment to war and guaranteeing basic protections to former child soldiers, including those in U.S. military custody. Formally known as the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (OPAC), the treaty requires ratifying nations to submit periodic reports on the progress they have made to implement their treaty obligations to the U.N. Committee on the Rights of the Child, a body of independent human rights experts charged with monitoring countries’ compliance with the treaty.  The U.S. government’s latest report will be reviewed by the Committee in January 2013. The list of issues to be discussed during this review, which was adopted by the Committee on July 3, raises serious concerns regarding U.S. compliance with the Protocol and provides an opportunity for the United States to provide transparency and accountability for its treatment of juveniles in military custody. 

Earlier this week, ProPublica published an article discussing the government’s attempts to censor the statements of the defendants in the 9/11 Guantanamo military commission trials.  The article’s well worth reading because it discusses in detail the government’s arguments for censorship, as well as legal challenges brought by the ACLU, media organizations, and one of the 9/11 defendants’ lawyers.