A US judge last night ordered the Bush administration to explain whether the CIA violated a court order by destroying videotapes of the harsh interrogations of two terrorism suspects.
US District Court Judge Henry Kennedy, who in 2005 had ordered the government to preserve information on prisoner mistreatment at the US naval base at Guantanamo Bay, Cuba, scheduled a court hearing on the tapes for Friday, overriding government objections.
Lawyers for a group of Guantanamo Bay inmates contesting their detention had requested the hearing to learn whether the government had complied with the preservation order. They cited reports that information obtained from the interrogations implicated five unnamed Guantanamo detainees.
"We hope to establish a procedure to review the government's handling of evidence in our case ... and generally to require an accounting from a government that has admitted that it destroyed evidence," said David Remes, an attorney for the group of inmates.
He declined to comment on whether he believed any of his clients were implicated during the interrogations.
The CIA on December 6th disclosed that it had destroyed hundreds of hours of interrogation tapes, prompting an outcry from congressional Democrats and human rights activists. The sessions recorded on the tapes were believed to have included a form of simulated drowning known as waterboarding, which has been condemned internationally as torture.
The CIA said it destroyed the tapes lawfully and did so out of concern for the safety of agents involved if the recordings were ever made public. The White House has repeatedly denied the United States tortures terrorism suspects.
The Justice Department declined to comment on the judge's hearing order but the department last week urged Kennedy not to investigate the videotapes.