U.S. Cites Exception in Torture Ban
McCain Law May Not Apply to Cuba Prison
By Josh White and Carol D. Leonnig
Washington Post Staff Writers
Friday, March 3, 2006; Page A04
Bush administration lawyers, fighting a claim of torture by a Guantanamo Bay detainee, yesterday argued that the new law that bans cruel, inhuman or degrading treatment of detainees in U.S. custody does not apply to people held at the military prison.
In federal court yesterday and in legal filings, Justice Department lawyers contended that a detainee at Guantanamo Bay, Cuba, cannot use legislation drafted by Sen. John McCain (R-Ariz.) to challenge treatment that the detainee's lawyers described as "systematic torture."
Government lawyers have argued that another portion of that same law, the Detainee Treatment Act of 2005, removes general access to U.S. courts for all Guantanamo Bay captives. Therefore, they said, Mohammed Bawazir, a Yemeni national held since May 2002, cannot claim protection under the anti-torture provisions.When you reach a point where you're arguing in court for the right to torture another human being, you've crossed a line into a very dark place from which there is no return. If you still support this thing masquerading as a human, enjoy your visit to the black hole of evil, folks.