Steven T. Wax Federal Public Defender Steve_
[email protected] Stephen R. Sady Chief Deputy Federal Public Defender Steve_
[email protected] 101 S.W. Main Street, Suite 1700 Portland, Oregon 97204 503-326-2123 Telephone 503-326-5524 Facsimile Attorneys for Petitioner IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ABDULRAHIM ABDUL RAZAK AL GINCO, Civil No. 05-CV-1310 (RJL) Petitioner, TRAVERSE v. BARACK OBAMA, et al., Respondents. TABLE OF CONTENTS Page Table of Authorities. .. vi 1. Succinct Statement Of Reasons To Grant The Writ ................... I II. Mr. Janko Moves For Judgment Granting The Writ Because The Government's Return On Its Face Is Factually Insufficient To Establish A Lawful Basis For Detention ................................... 7 A. The Return Fails To Establish A Lawful Basis For Detention Because The Government Relies On Evidence And Decision Making That Are The Products of Torture, Both By Al Qaeda And By United States Personnel ............................ 8 1. Al Qaeda And The Taliban Extracted Involuntary Statements From Mr. Janko By Applying Torture Including Beating, Electric Shock, The Falaka, Water Torture, Threats, Sleep Deprivation, Extreme Cold, And Stres.s Positions ................................... 13 2. American Interrogators At The Kandahar Air Base Coerced Involuntary Statements From Mr. Janko By Means Of Threats, Assault, Sleep Deprivation, Use OfDogs, Exercise To Exhaustion, And Stress Positions ................... 15 3. The Products Of Al Qaeda Torture And American Coercion Pervade Subsequent Interrogations And Decision-Making, Requiring A Finding That The Return Is Insufficient To Establish A Lawful Basis For Imprisonment. .................................... 17 a. The Narrative And Attached Exhibits Include The Direct Products Of Torture ....................