A panel finds torture made a 9/11 defendant psychotic. A judge will rule whether he can stand trial

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A military medical panel has concluded that one of the five 9/11 defendants held at Guantanamo Bay has been rendered delusional and psychotic by the torture he underwent years ago while in CIA custody

. A military judge is expected to rule as soon as Thursday whether al-Shibh’s mental issues render him incompetent to take part in the proceedings against him. WASHINGTON — — A military medical panel has concluded that one of the five 9/11 defendants held at the Guantanamo Bay naval base has been rendered delusional and psychotic by the torture he underwent years ago while in CIA custody.

On Tuesday, al-Shibh’s lead attorney, David Bruck, told the courtroom that the diagnosis is creating “a moment of truth" and an opportunity for the country to take into account the harm that was done by allowing torture.to approve or deny demands presented by defense lawyers in plea negotiations to settle the case. They were seeking guarantees that all five men would get care for the physical and mental damage of their torture, and would be spared solitary confinement going forward.

No trial date has been set for the five defendants after more than a decade of proceedings. Logistical challenges and legal questions have slowed the commission at Guantanamo. That includes the question of how much evidence has been rendered inadmissible by torture while they were in CIA custody. The case has had a succession of military judges, with the fourth announcing Tuesday that he will retire in April.

Bruck pointed to what he said was al-Shibh's solitary confinement over four years in detention at CIA black sites, and torture that included his being forced to stand sleepless for as long as three days at a time, naked except for a diaper and doused with cold water in air-conditioned rooms, for the man's lasting belief that guards at Guantanamo were subjecting him to unseen attacks to deprive him of sleep.

 

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