INTRODUCTION AND SUMMARY OF ARGUMENT

Torture is expressly prohibited under domestic and international law. Domestic law also expressly prohibits the use of information obtained by torture in adjudicative proceedings. Torture, which includes the intentional infliction of pain on another person, has devastating and longlasting impacts on victims’ physical and psychological well-being.

Fundamentally, the imposition of torture irreversibly undermines the adversary system by interfering with victims’ ability to participate in the judicial process. Among other things, torture victims suffer severe physical and psychological impairments that may hamper their ability to provide reliable information, prevent them from meaningfully understanding the proceedings against them, and impair their ability to communicate with their counsel. Thus, torture undermines a victim’s ability to participate fully as a party, and it prevents the victim from obtaining effective representation by counsel. The use of torture-derived information – in part because it is so plainly and demonstrably wrong – has distorted the adversarial process. The government has used torture-derived evidence in secret ex parte proceedings without the presentation of adversarial evidence or disclosure to defendants. And torture is contrary to basic conceptions of ethics, humanity, decency, and ordered liberty, particularly when it is state-sponsored, like the torture of Petitioner here.

Torture-derived information is thus never “harmless” and its use cannot be regarded as “harmless error.” State torture like that imposed on Petitioner is a vicious act causing unique, irreversible injury, and its damage cannot be laundered by the harmless-error doctrine. Allowing any torture-derived information to seep into any aspect of a judicial proceeding causes our justice system – and our society as a whole – to irretrievably suffer.

Accordingly, Amici support Petitioner’s signal argument that the CMCR’s order should be reversed because it found the Convening Authority’s consideration of torture-derived information harmless error.

Introduction and Summary of Argument

Torture is against both national and international laws. Using information gained from torture in court is also against national law. Torture means purposely causing pain to another person. It causes serious and long-lasting harm to a person's body and mind.

Torture harms the justice system by making it hard for victims to take part in legal processes. Victims of torture can suffer severe physical and mental problems. These problems can make it difficult for them to give accurate information, understand their legal case, or talk with their lawyers. Therefore, torture prevents a victim from fully participating in their case and getting good legal help. When information from torture is used, it can twist the legal process because such information is clearly wrong. The government has used evidence from torture in secret hearings without presenting opposing evidence or telling the defendants about it. Torture goes against basic ideas of what is right, humane, decent, and fair, especially when a government causes it, as in the case of the Petitioner.

Information obtained through torture is never without harm. Its use cannot be excused as a "harmless error." Government-sponsored torture, like what the Petitioner experienced, is a cruel act that causes unique and permanent damage. This damage cannot be made acceptable by the idea of harmless error. Allowing any information from torture into any part of a court case causes lasting harm to the justice system and society.

Therefore, Amici support the Petitioner's main argument. The CMCR's decision should be overturned because it said that the Convening Authority's use of information from torture was a harmless error.

Introduction

Both national and international laws clearly forbid torture. Domestic laws also specifically ban the use of information gained through torture in court cases. Torture, defined as purposefully causing pain to another person, has severe and lasting effects on a victim's body and mind.

The act of torture fundamentally harms the justice system. It makes it impossible for victims to take part in legal proceedings. Victims of torture often have serious physical and mental problems. These problems can make it hard for them to give accurate information, understand their legal situation, and talk with their lawyers. Therefore, torture prevents a victim from fully participating in their case and from getting effective legal help. The use of information obtained through torture has also warped the adversarial legal process, partly because such information is clearly unreliable. The government has used evidence from torture in private legal meetings without presenting opposing evidence or sharing it with the defendants. Torture goes against basic ideas of ethics, human dignity, decency, and a structured society, especially when it is supported by the state, as in the case of the Petitioner.

Information obtained through torture is never without consequence, and its use cannot be considered a minor, correctable mistake. State-sponsored torture, like what the Petitioner endured, is a cruel act that causes unique and permanent harm. The damage from torture cannot be excused by the "harmless error" rule. Allowing any information from torture to enter any part of a legal proceeding causes irreparable harm to the justice system and to society.

For these reasons, those who support the Petitioner agree that the CMCR's decision should be overturned. This is because the CMCR wrongly concluded that the Convening Authority's use of information gained from torture was a harmless error.

Summary

Torture is against the law, both in this country and worldwide. The law also forbids using information gained through torture in court cases. Torture involves purposefully causing pain to another person and it has severe, lasting effects on a person's body and mind.

Torture deeply harms the justice system by making it hard for victims to take part in legal processes. People who have been tortured often have serious physical and mental problems. These problems can make it difficult for them to give accurate information, understand their court proceedings, or talk with their lawyers. Therefore, torture stops victims from fully participating in their case and getting good legal help. Using information from torture has twisted the legal process because such information is clearly wrong. The government has used evidence from torture in secret hearings without showing it to the other side or to the people on trial. Also, torture goes against basic ideas of what is right, humane, and decent, especially when it is done by the government, as was the case with the person asking for this review.

Information obtained through torture is never without harm, and its use cannot be excused as a minor mistake. Government-sponsored torture, like that inflicted on the person requesting this review, is a cruel act that causes unique and permanent damage. This damage cannot be made acceptable by claiming it was a harmless error. When any information from torture enters any part of a court case, it permanently harms the justice system and society as a whole.

For these reasons, those submitting this brief support the main argument that the court's decision should be overturned. This is because the court wrongly concluded that considering information obtained through torture was a harmless error.

Summary

Torture is against the law in this country and in other countries. It is also against the law to use information gotten by torture in court. Torture means purposely hurting another person. It causes great harm to a person's body and mind for a very long time.

Torture makes it impossible for someone to be part of a fair court process. People who have been tortured have serious body and mind problems. These problems can stop them from giving true information. They may not understand what is happening in court. They may also have trouble talking with their lawyer. So, torture stops a person from taking part fully in court. It also stops them from getting good help from a lawyer. When information from torture is used, it makes the court process unfair because the information is often wrong. The government has used information from torture in secret court meetings. These meetings did not have other information or tell the person on trial about it. Hurting people, especially by the government, goes against what is right and fair. This happened to the person asking for help in this case.

Information gotten by torture is always bad. Using it cannot be called a small mistake. Torture by the government, like what happened to the person asking for help, is a cruel act. It causes harm that cannot be undone. This harm cannot be made okay by saying it was a small mistake. When any information from torture is used in court, it hurts our justice system and our society forever.

Because of this, those who support the person asking for help agree that the court's decision should be changed. The court should not have said that using information from torture was a small mistake.