Evidence obtained by tortured confession should be inadmissible in a US court of law, but it no longer is. From Andrew P. Napolitano at lewrockwell.com:
For the first time in American history, a federal judge last week authorized the government to admit as evidence in a criminal case in a public courtroom words uttered by the defendant that were obtained under torture.
The fruits of torture — which is any cruel or degrading or intentionally painful or disorienting behavior visited upon a person in captivity to induce compliance or to gratify the torturer — are not permitted in any court in the United States, and their inducement is criminal.
Here is the backstory.
Abd al-Rahim al-Nashiri, a low-level former member of the Taliban, is accused with others of plotting the suicide bombing of the USS Cole in October 2000 that killed 17 American sailors. He has been in U.S. custody since 2002 and at the U.S. Naval Base at Guantanamo Bay, Cuba, since 2004. When he was first captured, he was turned over to the CIA for interrogation, not the Department of Justice for prosecution.
The practice of the federal government immediately following 9/11, when it captured anyone overseas from whom it believed it could extract national security information, was to hand the person over to the CIA for torture — the feds call it “enhanced interrogation” — at a “dark site” in a foreign country with which the U.S. does not have an extradition treaty.
