Video Is a Window Into a Terror Suspect’s Isolation

[Darius11 12]

Quote

Video Is a Window Into a Terror Suspect’s Isolation
By DEBORAH SONTAG
One spring day during his three and a half years as an enemy combatant, Jose Padilla experienced a break from the monotony of his solitary confinement in a bare cell in the brig at the Naval Weapons Station in Charleston, S.C.

That day, Mr. Padilla, a Brooklyn-born Muslim convert whom the Bush administration had accused of plotting a dirty bomb attack and had detained without charges, got to go to the dentist.

“Today is May 21,” a naval official declared to a camera videotaping the event. “Right now we’re ready to do a root canal treatment on Jose Padilla, our enemy combatant.”

Several guards in camouflage and riot gear approached cell No. 103. They unlocked a rectangular panel at the bottom of the door and Mr. Padilla’s bare feet slid through, eerily disembodied. As one guard held down a foot with his black boot, the others shackled Mr. Padilla’s legs. Next, his hands emerged through another hole to be manacled.

Wordlessly, the guards, pushing into the cell, chained Mr. Padilla’s cuffed hands to a metal belt. Briefly, his expressionless eyes met the camera before he lowered his head submissively in expectation of what came next: noise-blocking headphones over his ears and blacked-out goggles over his eyes. Then the guards, whose faces were hidden behind plastic visors, marched their masked, clanking prisoner down the hall to his root canal.

The videotape of that trip to the dentist, which was recently released to Mr. Padilla’s lawyers and viewed by The New York Times, offers the first concrete glimpse inside the secretive military incarceration of an American citizen whose detention without charges became a test case of President Bush’s powers in the fight against terror. Still frames from the videotape were posted in Mr. Padilla’s electronic court file late Friday.

To Mr. Padilla’s lawyers, the pictures capture the dehumanization of their client during his military detention from mid-2002 until earlier this year, when the government changed his status from enemy combatant to criminal defendant and transferred him to the federal detention center in Miami. He now awaits trial scheduled for late January.

Together with other documents filed late Friday, the images represent the latest and most aggressive sally by defense lawyers who declared this fall that charges against Mr. Padilla should be dismissed for “outrageous government conduct,” saying that he was mistreated and tortured during his years as an enemy combatant.

Now lawyers for Mr. Padilla, 36, suggest that he is unfit to stand trial. They argue that he has been so damaged by his interrogations and prolonged isolation that he suffers post-traumatic stress disorder and is unable to assist in his own defense. His interrogations, they say, included hooding, stress positions, assaults, threats of imminent execution and the administration of “truth serums.”

A Pentagon spokesman, Lt. Col. Todd Vician, said Sunday that the military disputes Mr. Padilla’s accusations of mistreatment. And, in court papers, prosecutors deny “in the strongest terms” the accusations of torture and say that “Padilla’s conditions of confinement were humane and designed to ensure his safety and security.”

“His basic needs were met in a conscientious manner, including Halal (Muslim acceptable) food, clothing, sleep and daily medical assessment and treatment when necessary,” the government stated. “While in the brig, Padilla never reported any abusive treatment to the staff or medical personnel.”

In the brig, Mr. Padilla was denied access to counsel for 21 months. Andrew Patel, one of his lawyers, said his isolation was not only severe but compounded by material and sensory deprivations. In an affidavit filed Friday, he alleged that Mr. Padilla was held alone in a 10-cell wing of the brig; that he had little human contact other than with his interrogators; that his cell was electronically monitored and his meals were passed to him through a slot in the door; that windows were blackened, and there was no clock or calendar; and that he slept on a steel platform after a foam mattress was taken from him, along with his copy of the Koran, “as part of an interrogation plan.”

Mr. Padilla’s situation, as an American declared an enemy combatant and held without charges by his own government, was extraordinary and the conditions of his detention appear to have been unprecedented in the military justice system.

Philip D. Cave, a former judge advocate general for the Navy and now a lawyer specializing in military law, said, “There’s nothing comparable in terms of severity of confinement, in terms of how Padilla was held, especially considering that this was pretrial confinement.”

Ali al-Marri, a Qatari and Saudi dual citizen and the only enemy combatant currently detained in the United States, has made similar claims of isolation and deprivation at the brig in South Carolina. The Pentagon spokesman, Lieutenant Vician, said Sunday that he could not comment on the methods used to escort Mr. Padilla to the dentist. Blackened goggles and earphones are rarely employed in internal prison transports in the United States, but riot gear is sometimes used for violent prisoners.

One of Mr. Padilla’s lawyers, Orlando do Campo, said, however, that Mr. Padilla was a “completely docile” prisoner. “There was not one disciplinary problem with Jose ever, not one citation, not one act of disobedience,” said Mr. do Campo, who is a lawyer at the Miami federal public defender’s office.

In his affidavit, Mr. Patel said, “I was told by members of the brig staff that Mr. Padilla’s temperament was so docile and inactive that his behavior was like that of ‘a piece of furniture.’ ”

Federal prosecutors and defense lawyers are locked in a tug of war over the relevancy of Mr. Padilla’s military detention to the present criminal case. Federal prosecutors have asked the judge to forbid Mr. Padilla’s lawyers from mentioning the circumstances of his military detention during the trial, maintaining that their accusations could “distract and inflame the jury.”

But defense lawyers say it is unconscionable to ignore Mr. Padilla’s military detention because, among other reasons, it altered him in a way that will impinge on his trial.

Dr. Angela Hegarty, director of forensic psychiatry at the Creedmoor Psychiatric Center in Queens, N.Y., who examined Mr. Padilla for a total of 22 hours in June and September, said in an affidavit filed Friday that he “lacks the capacity to assist in his own defense.”

“It is my opinion that as the result of his experiences during his detention and interrogation, Mr. Padilla does not appreciate the nature and consequences of the proceedings against him, is unable to render assistance to counsel, and has impairments in reasoning as the result of a mental illness, i.e., post-traumatic stress disorder, complicated by the neuropsychiatric effects of prolonged isolation,” Dr. Hegarty said in an affidavit for the defense.

Mr. Padilla’s status was abruptly changed to criminal defendant from enemy combatant last fall. At the time, the Supreme Court was weighing whether to take up the legality of his military detention — and thus the issue of the president’s authority to seize an American citizen on American soil and hold him indefinitely without charges — when the Bush administration pre-empted its decision by filing criminal charges against Mr. Padilla.

Mr. Padilla was added as a defendant in a terrorism conspiracy case already under way in Miami. The strong public accusations made during his military detention — about the dirty bomb, Al Qaeda connections and supposed plans to set off natural gas explosions in apartment buildings — appear nowhere in the indictment against him. The indictment does not allege any specific violent plot against America.

Mr. Padilla is portrayed in the indictment as the recruit of a “North American terror support cell” that sent money, goods and recruits abroad to assist “global jihad” in general, with a special interest in Bosnia and Chechnya. Mr. Padilla, the indictment asserts, traveled overseas “to participate in violent jihad” and filled out an application for a mujahedin training camp in Afghanistan.

Michael Caruso, a public defender for Mr. Padilla, pleaded “absolutely not guilty” for him to charges of conspiracy and of providing material support to terrorists. Mr. Padilla faces two charges that each carry a maximum penalty of 15 years.

Over the summer, Judge Marcia G. Cooke of United States District Court in Miami threw out the most serious charge, of conspiracy to murder, kidnap and maim persons in a foreign country, saying that it replicated accusations in the other counts and could lead to multiple punishments for a single crime. This was a setback for the government, which has appealed the dismissal.

Mr. Padilla’s lawyers say they have had a difficult time persuading him that they are on his side.

From the time Mr. Padilla was allowed access to counsel, Mr. Patel visited him repeatedly in the brig and in the Miami detention center, and Mr. Padilla has observed Mr. Patel arguing on his behalf in Miami federal court.

But, Mr. Patel said in his affidavit, his client is nonetheless mistrustful. “Mr. Padilla remains unsure if I and the other attorneys working on his case are actually his attorneys or another component of the government’s interrogation scheme,” Mr. Patel said.

Mr. do Campo said that Mr. Padilla was not incommunicative, and that he expressed curiosity about what was going on in the world, liked to talk about sports and demonstrated particularly keen interest in the Chicago Bears.

But the defense lawyers’ questions often echo the questions interrogators have asked Mr. Padilla, and when that happens, he gets jumpy and shuts down, the lawyers said.

Dr. Hegarty said Mr. Padilla refuses to review the video recordings of his interrogations, which have been released to his lawyers but remain classified.

He is especially reluctant to discuss what happened in the brig, fearful that he will be returned there some day, Mr. Patel said in his affidavit.

“During questioning, he often exhibits facial tics, unusual eye movements and contortions of his body,” Mr. Patel said. “The contortions are particularly poignant since he is usually manacled and bound by a belly chain when he has meetings with counsel.”

http://www.nytimes.com/2006/12/04/us/04detain.html?_r=1&ref=todayspaper&pagewanted=print

I think the guy has had his constitutional rights violated Period.


I am so glad we are a democracy and we don’t torture people, or imprison them with out a charge forever.

Thank god we are not human-right violators like China.

Thank you Bush

I'd rather be hated for who I am, than loved for who I am not." - Kurt Cobain

[funjumper101 15]

Where are all the right wing ShrubCo defenders?

Isn't this type of treatment of "enemy combatants" completely justified, according to your world views?

Who cares that Padilla is a US citizen, as an "enemy combatant", he has NONE of the rights of normal, non-accused citizens, correct?

Right Wing ShrubCo supporters are MIA. Gee, I wonder why? Could it be that this type of treatment of a US citizen is completely and totally indefensable? Yeah, that must be it. Right...

[kallend 2,026]

Quote

Where are all the right wing ShrubCo defenders?

Isn't this type of treatment of "enemy combatants" completely justified, according to your world views?

Who cares that Padilla is a US citizen, as an "enemy combatant", he has NONE of the rights of normal, non-accused citizens, correct?

Right Wing ShrubCo supporters are MIA. Gee, I wonder why? Could it be that this type of treatment of a US citizen is completely and totally indefensable? Yeah, that must be it. Right...

They're waiting for Karl or Rush or Newsmax to tell them what to think.

...

The only sure way to survive a canopy collision is not to have one.

[JohnRich 4]

Quotes:

"I am so glad we are a democracy and we don’t torture people, or imprison them with out a charge forever. Thank god we are not human-right violators like China."

"Right Wing ShrubCo supporters are MIA. Gee, I wonder why? Could it be that this type of treatment of a US citizen is completely and totally indefensable? Yeah, that must be it. Right..."

"They're waiting for Karl or Rush or Newsmax to tell them what to think."

The amount of bigotry being displayed here is not worthy of a response.

[billvon 2,990]

>How about if we just take him out and execute him, like the
> Muslim "freedom fighters" do . .

and like our marines sometimes do, sadly.

[kallend 2,026]

Quote

How about if we just take him out and execute him, like the Muslim "freedom fighters" do - would that make you feel better?

How just is justice in Iran?
How swift is justice in Iran?
How well are prisoners treated in Iran?

The old "they're worse than us, so we are just fine" argument comes up again.

The idea is that we are supposed to conform to certain ideals defined in the Bill of Rights, NOT to find ingenious ways of circumventing them. That's what makes US better than terrorists.

...

The only sure way to survive a canopy collision is not to have one.

[JohnRich 4]

Quote

>How about if we just take him out and execute him, like the
> Muslim "freedom fighters" do . .

and like our marines sometimes do, sadly.

How often are the Muslim "freedom fighters" doing it, compared to the Marines?

Do the Muslims catch, prosecute and punish their offenders, like the Marines?

For you to compare Marines to terrorists who mass murder scores of innocent people daily with truck bombs, is inexcusable.

[kallend 2,026]

Quote

Quote

>How about if we just take him out and execute him, like the
> Muslim "freedom fighters" do . .

and like our marines sometimes do, sadly.

How often are the Muslim "freedom fighters" doing it, compared to the Marines?

Do the Muslims catch, prosecute and punish their offenders, like the Marines?

For you to compare Marines to terrorists who mass murder scores of innocent people daily with truck bombs, is inexcusable.

What does that have to do with the way the US justice system treats a US citizen on US soil?

...

The only sure way to survive a canopy collision is not to have one.

[ExAFO 0]

Purple Monkey Dishwasher Marzipan.

Illinois needs a CCW Law. NOW.

[billvon 2,990]

>For you to compare Marines to terrorists who mass murder scores
>of innocent people daily with truck bombs, is inexcusable.

And for you to defend rape and murder of innocent Iraqis is inexcusable. For shame!

(Ain't the misquote game fun?)

[skycop 0]

The man is a traitor during wartime, he deserves what he gets. I could care less if he has PTSD, if he would have been successful in his mission the same people complaining would be calling for his head on a stick.
When we get hit again, and I said WHEN not if, the proper perspective will emerge for dealing with these people.

"Just 'cause I'm simple, don't mean I'm stewpid!"

[kallend 2,026]

Quote

The man is a traitor during wartime, he deserves what he gets. .

He deserves what the Constitution guarantees. You remember the Constitution? I'm sure you swore an oath to protect and defend it.

What's the point of Constitutional protections if they can be discarded at the say-so of the government?

...

The only sure way to survive a canopy collision is not to have one.

[skycop 0]

WARTIME, most people don't think that it is wartime, but it is. When an American city becomes a smoking hole in the ground, and one will, then talk to me about constitutional guarantees.
Enemy combatants don't get the same treatment as "criminals" pure and simple.
Don't lecture me about taking an oath, he is a traitor and does not fall under those guidelines.

"Just 'cause I'm simple, don't mean I'm stewpid!"

[ExAFO 0]

Quote

Quote

The man is a traitor during wartime, he deserves what he gets. .

He deserves what the Constitution guarantees. You remember the Constitution? I'm sure you swore an oath to protect and defend it.

What's the point of Constitutional protections if they can be discarded at the say-so of the government?

It may be unconstitutional, but I for one am not inclined to shed a tear for Inmate Padilla, nor am I inclined to take up his cause....

Illinois needs a CCW Law. NOW.

[rickjump1 0]

Quote

WARTIME, most people don't think that it is wartime, but it is. When an American city becomes a smoking hole in the ground, and one will, then talk to me about constitutional guarantees.
Enemy combatants don't get the same treatment as "criminals" pure and simple.
Don't lecture me about taking an oath, he is a traitor and does not fall under those guidelines.

Most likely, President Lincoln or President Roosevelt would have already executed this guy.

Do your part for global warming: ban beans and hold all popcorn farts.

[Amazon 7]

Quote

When we get hit again, and I said WHEN not if, the proper perspective will emerge for dealing with these people.

So instead of securing our borders and truely making us safe here.. Bush and Co send off our young men and women to a war that will get some people promoted.. and a bunchs of others dead to stroke his EGO to be a WAR president. Feel good programs like the TSA... and Homeland Security are at best a sham... to bad we did not STAY THE COURSE in Afghanistan... you know the place where the actual terrorists trained....oh thats right Georgieboy with his incompetence is not after Bin Laden anymore...

But like Tommy Franks has stated clearly... WHEN the next major attack occurs.. there will be martial law and our country will finally be a right wing wet dream police state.

[Andy9o8 2]

Quote

Enemy combatants don't get the same treatment as "criminals" pure and simple.

You're right, they don't - instead, they are entitled to the protections of the Geneva Convention.

There has never been an independent determination by a neutral judicial body of whether he is or is not properly classified as an "enemy combatant" or a "criminal defendant". The government is the prosecutor of this man - it certainly is not qualified to make a neutral determination of his status - that's why a nation of laws has a judiciary.

Quote

he is a traitor

You don't know that he is, any more than any of us know that he isn't. He's simply accused of being a traitor. He's never had a trial to determine guilt or innocence. The govenment doesn't get to make that determination unilaterally, any more than you or I get to do so from behind our keyboards.

By the way, being a traitor to the United States is known as "Treason", which is a prosecutable criminal offense under the United States Code (18 U.S.C. §2831). So are espionage, conspiracy and weapons offenses. There is no reason he cannot be charged with those offenses, the same way Timothy McVeigh was (succesfully!) charged with similar offenses. As a criminal defendant, he has the Constitutional rights to be arraigned and advised as to his charges without delay, consultation and representation of an attorney and to a speedy trial by an impartial jury.

He must either be classified as a prisoner of war subject to the Geneva Convention, or as a criminal defendant subject to the US Constitution. THERE IS NO THIRD CATEGORY.

The government is sworn to preserve, protect and defend the constitution. Crafting cute little semantic dodges to circumvent the Constitution doesn't preserve and protect it; that only destroys it.

[kallend 2,026]

Quote

WARTIME, most people don't think that it is wartime, but it is. When an American city becomes a smoking hole in the ground, and one will, then talk to me about constitutional guarantees.
Enemy combatants don't get the same treatment as "criminals" pure and simple.
Don't lecture me about taking an oath, he is a traitor and does not fall under those guidelines.

I must have missed the announcement that he had been convicted of treason. Please provide a link.

Why did you bother to defend the Constitution if you don't believe in it?

...

The only sure way to survive a canopy collision is not to have one.

[skycop 0]

The funny thing professor is that I have been where the rubber meets the road for over 24 years. Again don't lecture me on the Constitution, I'm not one of your captive audience. When you are at the tip of the spear (so to speak) you help shape the interpretation of the Constitution. It is somewhat of a living, breathing document isn't it?

"Just 'cause I'm simple, don't mean I'm stewpid!"

[skycop 0]

Uhhhh..............hmmm.............
I'm not part of the vast right wing conspiracy, I just make observations based on my experience.
If you think Katrina was bad, just wait until a dirty bomb or worse hits a major American city or event, Marshall Law is the least of our worries.

"Just 'cause I'm simple, don't mean I'm stewpid!"

[skycop 0]

Our current enemies are not signatories of the Geneva Convention. They don't carry ID cards saying such.
But wait..............we do.........
So when they show my ID card to the camera as they are cutting my head off, I guess we could argue then.

"Just 'cause I'm simple, don't mean I'm stewpid!"

[skydemon2 0]

Quote

THERE IS NO THIRD CATEGORY.

Maybe there needs to be a third class, why dont you petition it!

Religious Zealot:
Part of no army.
No country claims them, and if they did the country didnt sign the Geneva convention.
Wants to kill Americans
Wants to kill people not of their religion.
Wants to kill people of their religion but not of the proper sect.
Wears no uniform.
Has no political motive just his beliefs.

The list could go on and on I'll stop but feel free to add some more....


As far as this guy goes if he is guilty shot him and get it over with he has no more useful info and if hes not guitly then I'm sure the lawsuits will follow. I seem to remember the military oath said something about all enemies foriegn and domestic..... Not everyone we have let in to the US comes here with good hearts, some come specifically to cause trouble and wouldnt give a second thought to slipping something in our water or worse and then they would dance around like idiots and praise allah (or whatever religion they are) and everyone else would be shocked and say how could this happen..... I have no problem with US citizens being executed for treason if it is warranted..

Beauty is only skin deep, but ugly goes clean to the bone!

I like to start my day off with a little Ray of Soulshine™!!

[Andy9o8 2]

Quote

the Constitution..... is somewhat of a living, breathing document isn't it?

That's bullshit. The government doesn't get to use sleight-of-hand to re-define existing core Constitutional provisions out of existence. Neither do you.

[Andy9o8 2]

Quote

I have no problem with US citizens being executed for treason if it is warranted..

In fact, the Treason statute allows for the imposition of the death penalty. But the Constitution requires a fair trial by an impartial jury first. Sorry for the inconvenience.

[skydemon2 0]

I said if hes guilty...... give him a trial and get it over with. I have no desire to see people dragged out and shot with no trial, thats why we have the religios zealots in Iraq!! We dont need to sink to that level.

Beauty is only skin deep, but ugly goes clean to the bone!

I like to start my day off with a little Ray of Soulshine™!!