August 17, 2011
WASHINGTON (CN) â€“ The U.S. government does not need to release evidence that undercuts its case against a Kenyan man being detained at Guantanamo Bay, at least until it responds to allegations that it coerced the Kenyan’s confession, a federal judge ruled.
U.S. District Judge Colleen Kollar-Kotelly denied Abdulmalik’s motion for additional discovery and his motion to reconsider a previous denial for the same.
In a heavily redacted ruling, Kollar-Kotelly denied Mohammed Abdulmalik’s requests for the names and depositions of his interrogators, particularly the American interrogators. According to the ruling, Abdulmalik claims “that he was subjected to harsh physical abuse while in the custody of Kenyan officials,” and that he “contends that he made false statements to appease his interrogators.”
The judge sided with the government’s argument that it is premature for the court to compel the release of such information because the government has yet to respond to the allegations of abuse and coercion.
“Alternatively, if respondents ultimately fail to rebut petitioner’s allegations of mistreatment, the record at the merits hearing will reflect only petitioner’s version of events, and the court will be able to consider that evidence as unrebutted, thereby reducing the importance of potentially corroborative deposition testimony,” Kollar-Kotelly wrote.
The government must answer the allegations of abuse by Sept. 1, 2011. Abdulmalik was captured in Mombasa and transferred to Guantanamo Bay in 2007 after being suspected in a terrorist bomb plot. He petitioned for habeas relief the following year.