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Foreman claims that the C.I.A. disqualified the Military Jury Torture



GUANTÁNAMO BAY, Cuba — A Navy captain who as head of a jury in a war-crimes court wrote a damning letter calling the C.I.A.’s torture of a terrorist “a stain on the moral fiber of America” said his views are typical of senior members of the U.S. military.

Capt. Scott B. Curtis, the jury foreman, said it is just that he had the opportunity to express his thoughts in a letter proposing clemency for the prisoner Majid Khan, a Qaeda recruit who pleaded guilty to terrorism and murder charges for delivering $50,000 from his native Pakistan to finance a deadly bombing in Indonesia.

But before he started writing, the eight-officer jury sentenced Mr. Khan to 26 years in prison.

“There was no sympathy for him or what he had done,” said Captain Curtis, who agreed to reveal his identity in an hourlong interview last week. “The crime itself, everyone thought that was an evil act and he should be accountable for that. It was the torture that was a mitigating factor.”

On the eve of his sentencing on Oct. 29, Mr. Khan, 41, offered a graphic account of his physical, sexual and psychological abuse by C.I.A. agents and operatives inflicted on him in dungeonlike conditions in black-site prisons in Pakistan, Afghanistan and a third country. He described how he went from graduating from a suburban Baltimore high school in 1999 to becoming a courier and would-be suicide bomber for Al Qaeda to, since 2012, a repentant cooperator with the U.S. government.

The two-hour presentation was so vivid it “kind of riveted us,” Captain Curtis said.

Mr. Khan pulled up a shirtsleeve to show the panel scars from shackles on his wrists. He offered to lift his pant leg to show similar scars on his ankle from the times he was hung in chains from a bar in a darkened cell for so long that his limbs swelled and the shackles cut his skin.

It took the panel just 90 minutes to reach a decision. Not everybody agreed to the lowest end of a possible 25- to 40-year sentence, so they settled on 26 years.

Then, Captain Curtis said, while the other officers chatted among themselves, he spent about 20 minutes writing the two-page, handwritten letter on red-ruled notebook paper — no crumpled up false starts, no rough drafts.

“Honestly, I sat down and wrote the letter myself and then read it to the rest of the panel,” he said. “I threw it on the table and said, ‘Anyone wants to sign this is welcome to do this, you’re under no obligation at all.’ Surprisingly, seven of eight, myself included, signed it.”

The clemency letter provided a harsh critique of the legal framework and C.I.A. detention system that the Bush administration established after the attacks of Sept. 11, 2001, the legacy of which continues today in the form of the wartime prison at Guantánamo Bay now holding Mr. Khan and 38 other detainees. It also offered an unusually candid view of the thinking of some U.S. military officers on the use and value of torture.

Those who signed it included a Marine lieutenant colonel, two Army lieutenant colonels, two Navy commanders and a Marine major. Their areas of specialty include aviation, submarines, communications, cybersecurity and administration.

“We were are all pretty much of the same mind,” he said. “I just articulated it on paper.”

Captain Curtis, 51, an engineer whose specialty is aircraft carrier nuclear power systems, said by telephone from his current duty assignment in Tampa, Fla., that he understood that the letter’s sentiment might stir controversy but rejected the notion that this was a liberal position. In the military he has served for 30 years, he said, there is widespread agreement that “torture is wrong.”

“I think you’ll find that your senior people fully understand that acts like torture do more long-term damage than good, if they do any good,” he said, noting that Senator John McCain was no liberal and decried torture.

ImageMajid Khan in 2018. He was held for years in the C.I.A.’s overseas prison network.Credit...Center for Constitutional Rights, via Associated PressHe anticipated no adverse impact on his career for identifying himself as the author of a letter condemning what he saw as a culture of abuse. Captain Curtis will retire from service this time next year and is likely in his last assignment, at the U.S. Central Command, the Pentagon division that oversees operations in the Middle East and South Asia.

“I think the United States is still the good guys, for lack of a better term, throughout the world,” he said. “We certainly make mistakes and I wasn’t condemning the present military and the present C.I.A.”

Last week, the jury foreman said, was his closest encounter with a terrorist. They sat about 15 feet apart inside the courtroom at Guantánamo Bay, with the prisoner’s father and youngest sister watching at the back of the court.

Mr.

By: Carol Rosenberg
Title: Foreman Says Military Jury Was Disgusted by C.I.A. Torture
Sourced From: www.nytimes.com/2021/11/06/us/politics/military-jury-cia-torture.html
Published Date: Sat, 06 Nov 2021 16:00:07 +0000

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