How will this end?
A disturbing update on Jose Padilla from NPR.
According to court papers filed by Padilla's lawyers, for the first two years of his confinement, Padilla was held in total isolation. He heard no voice except his interrogator's. His 9-by-7 foot cell had nothing in it: no window even to the corridor, no clock or watch to orient him in time.
Padilla's meals were delivered through a slot in the door. He was either in bright light for days on end or in total darkness. He had no mattress or pillow on his steel pallet; loud noises interrupted his attempts to sleep.
Sometimes it was very cold, sometimes hot. He had nothing to read or to look at. Even a mirror was taken away. When he was transported, he was blindfolded and his ears were covered with headphones to screen out all sound. In short, Padilla experienced total sensory deprivation.
During length interrogations, his lawyers allege, Padilla was forced to sit or stand for long periods in stress positions. They say he was hooded and threatened with death. The isolation was so extreme that, according to court papers, even military personnel at the prison expressed great concern about Padilla's mental status.
The government maintains that whatever happened to Padilla during his detention is irrelevant, since no information obtained during that time is being used in the criminal case against him.
I think that last bit is the most disturbing. So after everything, all of this, NONE of the information gathered during his detention will be used in the prosecution against him?
Not that it would be admissable anyway considering that Padilla has these rights, ya know, guaranteed by the Constitution and all. However, considering the moral cliff the government jumped off of to obtain whatever information they obtained during his interrogation, you would think they would at least put up a fight to have it admitted into evidence.
More:
Another dilemma faces the government as well. Padilla's lawyers contend that as a result of his isolation and interrogation, their client is so mentally damaged that he is unable to assist in his own defense. He is so passive and fearful now, they maintain, that he is "like a piece of furniture."
Even at this late stage, after dozens of meetings with his lawyers, Padilla suspects that they are government agents, says Andrew Patel, who is on the legal team. Padilla may believe that the lawyers assigned to represent him are in fact "part of a continuing interrogation program."
The situation has become impossible, defense lawyers say; they've hired two psychiatric experts to examine Padilla. Both have often testified for the prosecution in criminal cases. This time they have sided with the defense.
After spending more than 25 hours with Padilla, both psychiatric experts have concluded that his isolation and interrogation have resulted in so much mental damage that he is incompetent to stand trial.
But don't worry, our government has a plan for Padilla. A plan it apparently had since the beginning of this mess:
Indeed, there are even some within the government who think it might be best if Padilla were declared incompetent and sent to a psychiatric prison facility. As one high-ranking official put it, "the objective of the government always has been to incapacitate this person."
At this point, I really can't imagine there is anyone out there that can defend this treatment of an American citizen, no matter what he/she is accused of doing. Luckily, I'm not disappointed. The crickets chirping on the right side of the blogosphere do just fine.
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