Justice agrees to exclude detainee’s confession

WASHINGTON — The Justice Department agreed Wednesday not to use a Guantanamo Bay detainee’s confession that he threw a grenade at U.S. soldiers to justify keeping him imprisoned, after his attorneys argued his statements were the result of torture.

The American Civil Liberties Union had asked a federal judge to exclude as evidence all statements Mohammed Jawad made during at least 57 interrogations since his capture in Afghanistan in December 2002. The ACLU, which is handling Jawad’s case, said the statements should not be considered because Jawad, who was a teenager at the time of his capture, “has been subjected to repeated torture and other mistreatment” by Afghan and U.S. authorities.

The ACLU says Jawad’s treatment at Guantanamo has been “designed to break him down physically and emotionally” and that he’s been diagnosed with post-traumatic stress disorder. They say he’s been isolated with only minimal contact with other inmates and been subjected to sleep deprivation, and has tried to commit suicide by slamming his head repeatedly against his cell wall.

The Justice Department said in a court filing that it does not oppose the ACLU’s motion. They also asked to have until Aug. 3 to determine its next step in Jawad’s lawsuit for release from Guantanamo Bay.

Jawad has been detained at the U.S. naval prison in Cuba for 6 1/2 years, a few weeks after he was accused of tossing a grenade at an unmarked Jeep in an attack that wounded two U.S. soldiers and their interpreter. Jawad’s attorneys say he was only about 12 years old at the time, although there aren’t records of his birth in a refugee camp in Pakistan. The Pentagon says a bone scan shows Jawad was older, about 17, when he was arrested.

In October, a military judge threw out a confession made by Jawad following his arrest. The judge found that Jawad initially denied throwing the grenade and only admitted it after Afghan authorities threatened to kill him and his family if he didn’t confess.

The military tribunals at Guantanamo Bay allow evidence obtained through coercion but not torture, leaving it to a judge to decide whether the line between coercion and torture has been crossed. In Jawad’s case, the judge found the threats made by the Afghans were torture. Jawad is now suing for his release in U.S. District Court in Washington.

Afghan officials turned Jawad over to U.S. custody shortly after he confessed. He was questioned by U.S. officials overnight. The military judge also said Jawad’s statements during that interrogation couldn’t be used because they were tainted by the torture at the hands of the Afghans just a few hours earlier.

Air Force Maj. David Frakt, a lawyer for Jawad, said he hopes to bring him home shortly.

“Unfortunately, the use of tortured and coerced evidence is still at issue in many other cases,” Frakt said. “I am hopeful that today’s announcement reflects a broader commitment to return to the rule of law and cease reliance on the fruits of torture and abuse as a justification for indefinite detention.”

Justice Department spokesman Dean Boyd responded, “The government’s decision was made based on the facts and circumstances specific to this case.”