December 18, 2006
FOR IMMEDIATE RELEASE
CONTACT: media@aclu.org
ACLU Denounces Padilla's Cruel and Inhuman
Treatment in U.S. Military
DetentionNEW YORK - As Robert Gates
was sworn in today, the American Civil Liberties Union called on the new
Secretary of Defense to launch an investigation into cruel and inhuman methods
used on prisoners in U.S. custody. Among the methods being denounced by the ACLU
are sensory deprivation techniques recently shown to be used on Jose Padilla,
including blacked-out goggles and headphones that block sound.
"It is
shameful that devices designed to cause sensory deprivation are used on
prisoners in the United States," said Elizabeth Alexander, Director of the ACLU
National Prison Project. "There should also be an investigation into the serious
allegations of abuse that are as disturbing as what occurred at Abu Ghraib."
The sensory deprivation techniques were shown in photographs of Padilla
published earlier this month by The New York Times. Last week, the Washington
Post reported that a previously undisclosed Navy inspector general report from
2004 confirmed the use of such techniques against Padilla and two other
so-called "enemy combatants" held on a Navy brig in South Carolina.
In a
letter sent today to Secretary Gates, the ACLU described the treatment Padilla's
attorneys detailed in legal papers filed in October. His attorneys stated that
Padilla was given drugs against his will, believed to be some form of LSD and
PCP intended to act a truth serum. Additionally, he was subjected to extreme
isolation with no natural light, sleep deprivation, and had little opportunity
for human contact. Such conditions, when compounded by sensory deprivation
devices, may constitute torture, said the ACLU.
According to today's letter,
the mistreatment "seems designed to undermine Mr. Padilla's sanity, primarily by
imposing a regime of sensory deprivation. The prolonged isolation to which Mr.
Padilla was subjected has severe mental health consequences and constitutes
cruel, inhuman or degrading treatment or punishment."
"The treatment that
Jose Padilla endured clearly violates United States and international law, as
well as basic standards of morality," said Jamil Dakwar, a staff attorney for
the ACLU Human Rights Program. "The conditions under which he has been
incarcerated clearly meet the definition of cruel, inhuman or degrading
treatment, and must be changed, not just for Padilla, but for all who are
held."
The ACLU called on Secretary Gates to unequivocally condemn the use of
torture and abuse, particularly the use of sensory deprivation techniques and
extreme isolation. The ACLU further urged Secretary Gates to take the following
actions to prevent future abuses and hold the responsible parties
accountable:
- Order the public release of the Navy's inspector general
report;
- Hold officials accountable for the approval and execution of
any inhuman and degrading or torturous tactics used on Padilla and other
detainees;
- Investigate whether abusive tactics are being used on other
detainees or prisoners in the custody of the Department of Defense;
and
- Ensure that military training include clear instructions with
regard to the prohibition against torture and other abusive techniques.
Padilla is a 36-year-old U.S. citizen who was arrested at Chicago O'Hare
International Airport in May 2002 under the suspicion of plotting to detonate a
radioactive "dirty bomb" in the United States. In June 2002, he was declared an
"enemy combatant" by President Bush and was held in complete isolation at the
South Carolina Navy brig where he was denied access to counsel for 21 months. On
November 22, 2005, prior to the U.S. Supreme Court's decision on whether the
president was authorized to detain a U.S. citizen without trial as an "enemy
combatant," Padilla was indicted by a federal grand jury on charges that he
conspired to "murder, kidnap and maim" people overseas. Notably, the indictment
did not mention any of the allegations that were used by the government in
designating Padilla as an "enemy combatant." He was transferred from military to
civilian custody in January 2006.
Padilla's lawyers will argue today in U.S.
District Court of the Southern District of Florida to dismiss the indictment
against Padilla based on "outrageous government conduct."
Padilla is one of
three individuals who have been detained as "enemy combatants" inside the United
States since September 11, 2001. In addition to Padilla, Ali Saleh Kahleh
al-Marri, a Qatari national, was designated an enemy combatant by President Bush
in June 2003. He continues to be held without charge at the South Carolina Navy
brig. The third person is Yasir Hamdi, a U.S. and Saudi citizen who was released
and returned to Saudi Arabia in 2004.
Today's letter was signed by Alexander,
ACLU Associate Legal Director Ann Beeson and Caroline Fredrickson, Director of
the ACLU Washington Legislative Office.
The letter is online at: www.aclu.org/safefree/torture/27711lgl20061218.html
