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纽约时报

法官驳回9·11案中的另一份供词(赠阅文章)Judge Throws Out Another Confession in Sept. 11 Case (Gift Article)

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检方长期以来一直认为被告在2007年审讯期间的供述是他们最有力的证据。

Prosecutors have long considered the defendants’ admissions during interrogations in 2007 to be their best evidence.

在“9·11”案件中,检方遭遇新挫折,一名军事法官周五裁定排除另一名被指控协助实施袭击劫机者的囚犯的供词。

In a new setback to prosecutors in the Sept. 11 case, a military judge on Friday excluded the confessions of another prisoner accused of helping the hijackers who carried out the attacks.

这份长达51页的裁决书暂未公开。但阅读过该文件的律师表示,法官迈克尔·施拉马中校(Lt. Col. Michael Schrama)认定穆斯塔法·哈瓦萨维(Mustafa al-Hawsawi)在2007年于关塔那摩湾接受的审讯不予采信。

The 51-page ruling was not immediately released. But lawyers who read it said Lt. Col. Michael Schrama, the judge, suppressed the interrogations of Mustafa al-Hawsawi at Guantánamo Bay in 2007.

上个月,该法官也已驳回了被指控为杀害近3000人的阴谋主谋的哈立德·谢赫·穆罕默德(Khalid Shaikh Mohammed)的供词。

Last month, the judge also threw out the confessions of Khalid Shaikh Mohammed, the man accused of being the mastermind of the plot that killed nearly 3,000 people.

由于政府在穆罕默德被起诉前数年曾在中情局秘密监狱中使用酷刑对其进行审讯,其供述始终备受质疑。

Mr. Mohammed’s statements have always been challenged because the government used torture to question him in secret C.I.A. prisons years before he was charged.

四名男子因合谋策划25年前的袭击阴谋被联合起诉并面临死刑判决,法官目前已排除其中三人的供词。对第四名被告瓦利德·本·阿塔什(Walid bin Attash)的裁决尚在待定中。

Four men are charged in a joint death-penalty case for conspiring in the plot 25 years ago, and judges have now excluded the confessions of three of them. A ruling is pending on the fourth, Walid bin Attash.

在哈瓦萨维的案例中,法官表示,无需裁定他是否遭受酷刑,只需判断他在2007年1月于关塔那摩湾前中情局监狱设施内接受联邦特工审讯时,是否自愿承认了自己在阴谋中的角色。

In the instance of Mr. Hawsawi, the judge said it was not necessary to decide whether he was tortured, only whether he voluntarily admitted his role in the plot when he was questioned by federal agents in a former C.I.A. prison compound at Guantánamo in January 2007.

他写道:“一名被镣铐束缚、被押往前中情局‘黑站’、并被故意隐瞒其保持沉默的权利及先前被迫供述不予采纳这一事实的被拘留者,不能被视为做出了‘本质上自由且无约束的选择’。”

“A detainee who is shackled, transported to a former C.I.A. black site, and intentionally kept ignorant of both his right to remain silent and the inadmissibility of his prior coerced confessions, cannot be said to be making an ‘essentially free and unconstrained choice,’” he wrote.

阅读过裁决书的律师表示,法官强调,在2007年1月的四天里,关塔那摩湾审讯哈瓦萨维的特工明确省略了宣读经典的“米兰达警告”,未告知其有权保持沉默。他也未被告知其先前向中情局作出的供述不能用作对其不利的证据。

Lawyers who read the ruling said the judge emphasized that agents who questioned Mr. Hawsawi at Guantánamo explicitly omitted a reading of a classic Miranda warning of his right to remain silent over four days in January 2007. Nor was he told that his previous statements to the C.I.A. could not be used against him.

他自2003年3月以来一直被美国拘留,但不允许见律师。根据《纽约时报》获得的摘录,法官写道,2007年审讯他的特工“明确排除了对聘请律师的权利的限制”。

He had been held by the United States since March 2003 but was not allowed to see a lawyer. The agents who interrogated him in 2007 “specifically excluded an advisement of the right to counsel,” the judge wrote, according to an extract obtained by The New York Times.

检察官长期以来一直认为,2007年审讯中的认罪是他们针对被指控密谋袭击的男子的最佳证据。

Prosecutors have long considered the admissions made in the 2007 interrogations to be their best evidence against the men who are accused of conspiring in the attacks.

检察官计划在审判中使用的其他证据包括其他囚犯的陈述、海外电话记录以及涉及电汇的文件。

Other evidence prosecutors plan to use at the trial includes statements from other prisoners, transcripts of overseas phone calls and documents involving wire transfers.

检察官告诉9月1日遇难者的亲属。上个月有11起袭击事件称,他们决定不对穆罕默德先生的裁决提出上诉,以保留该案2028年6月的审判日期。

Prosecutors told relatives of the victims of the Sept. 11 attacks last month that they decided not to appeal the ruling in the instance of Mr. Mohammed in order to preserve a June 2028 trial date in the case. Mr. Hawsawi has often appeared as the most sickly of the defendants, and he has typically volunteered to waive court appearances and remain in his solitary cell at the wartime prison.

先生哈萨维经常被视为病情最严重的被告,他通常自愿放弃出庭,留在战时监狱的单独牢房里。

For years, he has sat in court on a special pillow or in a padded rehabilitation chair.

多年来,他在法庭上坐在特殊的枕头上或软垫康复椅上。他的律师称他在中央情报局期间遭到鸡奸拘留了对秘密“黑点”计划的调查发现,哈萨维先生接受了粗暴、破坏性的直肠腔搜查,还接受了一种名为直肠补液的准医疗手术。

His lawyers have said he was sodomized while in C.I.A. custody. Investigations of the secret “black site” program found that Mr. Hawsawi was subjected to a rough, damaging rectal cavity search and also was subjected to a quasi-medical procedure called rectal rehydration.

卡罗尔·罗森伯格报道了关塔那摩湾战时监狱和法院的情况。自2002年第一批被拘留者被带到美国基地以来,她一直在报道这个话题。

Carol Rosenberg reports on the wartime prison and court at Guantánamo Bay. She has been covering the topic since the first detainees were brought to the U.S. base in 2002.