Torture claims 'forced US to cut terror charges' (Padilla - "dirty bomb")

Torture claims 'forced US to cut terror charges'

· Dirty bomb evidence came from al-Qaida leaders
· CIA worried case would expose prison network

Jamie Wilson in Washington
Friday November 25, 2005
The Guardian


The Bush administration decided not to charge Jose Padilla with planning to detonate a radioactive "dirty bomb" in a US city because the evidence against him was extracted using torture on members of al-Qaida, it was claimed yesterday.
Mr Padilla, a US citizen who had been held for more than three years as an "enemy combatant" in a military prison in North Carolina, was indicted on Tuesday on the lesser charges of supporting terrorism abroad. After his arrest in 2002 the Brooklyn-born Muslim convert was also accused by the administration of planning to blow up apartment blocks in New York using natural gas.

The administration had used his case as evidence of the continued threat posed by al-Qaida inside America.

Yesterday's New York Times, quoting unnamed current and former government officials, said the main evidence of Mr Padilla's involvement in the plots against US cities had come from two captured al-Qaida leaders, Khalid Sheikh Mohammed, believed to be the mastermind of the September 11 attacks, and Abu Zubaydah, a leading al-Qaida recruiter. But the officials told the newspaper Mr Padilla could not be charged with the bomb plots because neither of the al-Qaida leaders could be used as witnesses as they had been subjected to harsh questioning and could open up charges from defence lawyers that their earlier statements resulted from torture. Officials also feared that their testimony could expose classified information about the CIA prison system in which the men were thought to be held.