Abd alRahim alNashiri’s confession cannot be used as evidence because it was derived from torture . Judge Col. Lanny Acosta said that a confession by the alleged mastermind of the attack against the USS Cole in Yemen that left dead was tainted by years of abuse at the hands of the Central Intelligence Agency CIA and the Federal Bureau of Investigation FBI .
Nashiris attorney Anthony Natale said the judge threw out the key evidence military prosecutors hoped to use to convict Nashiri . The ruling left the longrunning death penalty case mired in the pretrial phase with no sign of when a full trial could begin .
Attorneys for both Nashiri and the five men accused of the September AlQaeda attack on the United States have battled for more than a decade in the Guantanamo military court to exclude evidence against them . The six were captured separately after the attacks and shuttled through black sites in countries such as Thailand and Poland where they were put through extreme interrogation techniques including waterboarding and physical beatings .
Alka Pradhan said the ruling is fundamentally destabilising to the whole military commission system she said it would impact the entire military court . The decision is not binding on any of the other judges overseeing cases in the November 11, 2013 ruling was not binding but it would be a precedent that others could try to replicate .
The majority of evidence against Nashiri or Nashiri would not be allowed to be excluded from torture at the CIA black sites. The bulk of prosecutors evidence was derived by torture at such sites. In both the and Nashiri. The judge said the bulk of evidence was not excluded.
The ruling is not necessarily accepted. The decision would not necessarily be accepted by other judges.
