Jose Padilla says he was tortured while in US custody as an enemy combatant. He is a US citizen who was tortured in a military prison INSIDE the United States. But US Dist. Judge Marcia Cooke refused to dismiss the charges because “Cooke said Padilla’s attorneys failed to back up their claims with adequate case law. She said the motion also failed on legal grounds because prosecutors aren’t using any evidence collected during Padilla’s time in the brig.” (from the AP)
The article makes it sound like they can still make a judgment later about his abuse and torture, but they won’t dismiss the case just because he was held for so long with no lawyers and in solitary confinement. However given that “Cooke had ruled earlier that Padilla was competent to stand trial despite conclusions from defense mental health experts that he was suffering from post-traumatic stress disorder stemming from his years in military custody,” you have to wonder if the United States can ever provide real justice for him.