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Posted by kpete in General Discussion
Tue Jun 30th 2009, 09:32 AM
The Beating
http://action.aclu.org/torturefoia/release...

According to the autopsy report (PDF), Habibullah was not injured when he first arrived at the Bagram detention facility:

MEDICAL RECORD REVIEW: Copies of the inprocessing evaluation are reviewed in full. The clinical portion documents the decedent as "appearing well", without injuries and offering "moderate resistance to inprocessing". The decedent was "dead on arrival" per the Medical Treatment Facility (MTF) Emergency Room record which was otherwise non-contributory.


On autopsy, however, Habibullah's body bore the stigmata of torture (Graphic content warning):

Head and Neck: Multiple abrasions and contusions and evidence of ligature or other instrument applied to the neck:

On the right side of the neck there are two parallel, faint, linear abraded contusions. each averaging 1 1/4 x 1/4 inches with 1/2 inch separation between the two. They average approximately 10 inches below the top of the head and three inches to the right of the anterior midline. Just to the left of these is a similar, fainter, patchy abraded contusion inapproximately the same dimensions.


Torso: Multiple contusions and abrasions including "brush burn" injuries consistent with being dragged on the ground.

Extremities: Multiple contusions and abrasions, including injuries around the wrists consistent with shackling. On the thighs were linear contusions likely made from being struck with blunt objects. The patterns in the skin of the left calf revealed the likely source of the injuries- combat boots:

On the back of the left knee and calf is a 11 x 7 1/2 inch red-dark purple contusion which extends upwards above the back of the knee in a linear fashion. On internal examination, confluent hemorrhage extends deep within the muscle which is focally necrotic. On the left calf, centrally located, is a patterned abrasion consisting of multiple parallel horizontal linear abrasions the largest averaging 1 1/2 x 1/4 inches, these are closely spaced.


.................

more (plus more links)at:
http://www.dailykos.com/storyonly/2009/6/3...
http://emptywheel.firedoglake.com/2009/06/...


* United States Code
o TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
+ PART I - CRIMES
# CHAPTER 113C - TORTURE

U.S. Code as of: 01/19/04
Section 2340A. Torture

(a) Offense. - Whoever outside the United States commits or
attempts to commit torture shall be fined under this title or
imprisoned not more than 20 years, or both, and if death results to
any person from conduct prohibited by this subsection, shall be
punished by death or imprisoned for any term of years or for life.

(b) Jurisdiction. - There is jurisdiction over the activity
prohibited in subsection (a) if -
(1) the alleged offender is a national of the United States; or
(2) the alleged offender is present in the United States,
irrespective of the nationality of the victim or alleged
offender.

(c) Conspiracy. - A person who conspires to commit an offense
under this section shall be subject to the same penalties (other
than the penalty of death) as the penalties prescribed for the
offense, the commission of which was the object of the conspiracy.

http://caselaw.lp.findlaw.com/casecode/usc...
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kpete
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Member since Fri Sep 17th 2004
Freedom in Love Series
You can reach my art gallery at http://www.kpetestudio.com


I long for meaningful discussion of our shared values as Americans; I fear only the sound of silence. In the spirit of progressive hope, and while honoring tradition, I poured out my life, heart and soul into the hope of showing the spark of democracy within the paint. I submit my deep longing for the fireworks of a greater democratic deliberation, one that serves us all, as the hoped for result of the sparks in "Freedom in Love."

kpete
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