Hicks' lawyer concerned over Guantanamo interrogation
by ABC Monday May 10, 2004 at 10:37 PM

ELEANOR HALL: While the United States tries to defuse the scandal over prisoner abuse in Iraq, concerns are also being raised about the treatment of prisoners in the Guantanamo Bay facility.

The lawyer who will represent David Hicks in the upcoming military commission says he's suspicious about the possible use, against the Australian detainee, of evidence gained as a result of harsh interrogation techniques.

US Defence Department officials have confirmed late last year it approved up to 20 interrogation techniques to be used at the US detention centre in Cuba, including sleep deprivation, exposure to extreme heat and cold and what's called sensory assault.

But Major Michael Mori says he's concerned about the possibility that such techniques could be used to manipulate or fabricate evidence against alleged Taliban fighters.

Major Mori is speaking to Alison Caldwell.

ALISON CALDWELL: Major Mori, what do you know about the interrogation techniques that are being used at Guantanamo Bay?

MICHAEL MORI: Well I can't go into any specifics at this time exactly what was involved and what I've gained through representing David Hicks, but I'm certainly concerned about the techniques that might have been used on potential witnesses against David, whether those techniques would result in unreliable statements and manipulation of people's statements.

ALISON CALDWELL: Major Mori, what are the rules regarding the use of information that's been obtained in such a way in a military commission?

MICHAEL MORI: Well basically there's no rule that prohibits anything. You can bring in anything you want – that's how the rules are written. They could bring in statements from an interrogator claiming what some other witness said.

And what's really shocking is the fact that they specifically did not record any of the interrogations, so that there would be no exculpatory evidence available to us to defend David Hicks and no way to document what type of interrogation techniques were used in obtaining witness statements.

ALISON CALDWELL: We've heard about techniques like sleep deprivation, extreme heat or cold, detainees being stripped naked for interrogation. Have you heard any of those?

MICHAEL MORI: Well, I don't want to comment on that. I'm aware that there is an ongoing investigation into Guantanamo Bay, and I think it's appropriate to provide information to investigators first. I think hopefully they'll be looking at Guantanamo Bay, as well as the treatment of detainees in Afghanistan prior to their arrival in Guantanamo Bay.

ALISON CALDWELL: Indeed. It's been said that the degrading treatment and abuse of Iraqi prisoners isn't new, and that kind of treatment went on in Afghanistan. Have you heard anything about that?

MICHAEL MORI: Again, like I said, I need to save my comments specifically, I think it's the professional way to handle it, is to provide it to the investigators first.

I do have to say since my involvement with David Hicks in December, the individual guards that I have seen, in dealing with David, have treated him humanely and professionally.

Now, I've only interacted with him and been down there since December of 2003. I don't have any personal knowledge about what occurred prior to that.

ALISON CALDWELL: And you said you were concerned about the possible fabrication of evidence as a result of such interrogation techniques. Do you know of that going on previously in other instances like this?

MICHAEL MORI: Well the difficulty is, you have people who have been held in Guantanamo for over a year and a half and interrogated for such an extended period of time. Without the documentation recording those interrogations over time, we don't see how people's stories have been manipulated or changed to please their interrogators, to try to stop some of the bad interrogation techniques.

ALISON CALDWELL: Just lastly, Major Mori we've heard that more than a dozen prisoners have suicided at Guantanamo Bay – that they chose death rather than the conditions and circumstances under which they're living at the moment.

What have you heard about that?

MICHAEL MORI: Again, I can't go into any specifics on that, I'm sorry this time.

ALISON CALDWELL: Okay, Major Mori, thanks very much for joining us.

MICHAEL MORI: The only thing I… Okay, thank you very much.

ELEANOR HALL: Major Michael Mori, the military lawyer for David Hicks, speaking to Alison Caldwell.

www.abc.net.au/worldtoday/content/2004/s1105090.htm

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