There is no credible evidence the accused was ever tortured as that term is defined under M.C.R.E. 304(b)(3), even using a liberal interpretation considering the accused's age. While Interrogator #1 told the accused a story about the rape of an Afghan youth in an American prison, there is no evidence that story caused the accused to make any incriminating statements then or in the future. In fact, the credible evidence is that the accused started to make incriminating statements only after he learned the Americans found the videotape at the compound where the firefight took place which shows the accused and others making improvised explosives and placing them along the roadside at night.

The trial was suspended last week two days after it began [JURIST reports] due to a medical emergency involving Khadr's lawyer, Lt. Colonel Jon Jackson. Khadr pleaded not guilty to charges of murder and terrorism [JURIST report] for allegedly throwing a grenade that killed one US soldier and injured another when he was 15. UN Special Representative for Children and Armed Conflict Radhika Coomaraswamy [official profile] criticized the proceedings [press release], arguing the trial would set a dangerous precedent for child soldiers [CFR backgrounder] worldwide. She explained that "[c]hild soldiers must be treated primarily as victims and alternative procedures should be in place aimed at rehabilitation or restorative justice." The trial has also been criticized by Canadian Senator Romeo Dallaire (L-QC) [official website], who has questioned the legitimacy of the proceedings. The US Supreme Court refused to block the trial earlier this month, and the US District Court for the District of Columbia in July declined to lift the stay [JURIST reports] on his habeas corpus petition pending the conclusion of the trial.

The United States continues to categorically disagree with the decision made by the Scottish Executive to release al-Megrahi and return him to Libya last year. As we have expressed repeatedly to Scottish authorities, we maintain that al-Megrahi should serve out the entirety of his sentence in prison in Scotland. We have and will continue to reiterate this position to the Scottish and Libyan authorities.

Earlier this month, the opposition Scottish Labour Party [party website] called for the publication of all medical evidence [JURIST report] related to al Megrahi's release. Last month, US lawmakers called for an investigation [JURIST report] into the role that oil company British Petroleum (BP) [corporate website] may have played in al Megrahi's release. Al Megrahi's release was controversial, with both US officials and the Scottish Parliament [JURIST reports] condemning it. Al-Megrahi was convicted in 2001 of the Pan Am bombing and sentenced to 27 years in prison, which he subsequently appealed. Libya made its final compensation payment [JURIST report] to a US fund for victims' families in November 2008 after agreeing to accept responsibility for the 1988 airline bombing over Lockerbie, Scotland that killed all 259 on board [memorial website] including 180 Americans.