http://www.washingtonpost.com/wp-dyn/conte.../administration

 

Bush administration lawyers, fighting a claim of torture by a Guantanamo Bay detainee, yesterday argued that the new law that bans cruel, inhuman or degrading treatment of detainees in U.S. custody does not apply to people held at the military prison.

 

In federal court yesterday and in legal filings, Justice Department lawyers contended that a detainee at Guantanamo Bay, Cuba, cannot use legislation drafted by Sen. John McCain (R-Ariz.) to challenge treatment that the detainee's lawyers described as "systematic torture."

 

 

Attorneys say Mohammed Bawazir, detained in Guantanamo Bay, Cuba, prison, above, was subjected to tactics amounting to torture.

Attorneys say Mohammed Bawazir, detained in Guantanamo Bay, Cuba, prison, above, was subjected to tactics amounting to torture. (By Joe Skipper -- Reuters)

 

 

Government lawyers have argued that another portion of that same law, the Detainee Treatment Act of 2005, removes general access to U.S. courts for all Guantanamo Bay captives. Therefore, they said, Mohammed Bawazir, a Yemeni national held since May 2002, cannot claim protection under the anti-torture provisions.

 

Gotta love this, they pass a law outlawing specific methods of torture, but slip in a provision keeping methods of accountability illegal. That's some governmenting for you.