Abd Al-Rahim Hussein Al-Nashiri is headed to federal court to prevent the U.S. government from using torture-derived evidence in his capital prosecution before the Guantanamo military commissions. As discussed in detail in these previous posts, prosecutors claimed the authority to use such evidence in certain circumstances in his case, and the military commission judge signed off.

On Oct. 15, Al-Nashiri filed a petition for a writ of mandamus in the United States Court of Appeals for the District of Columbia Circuit seeking to enjoin the government from offering, and the military commission judge from considering, torture-derived evidence. We are among a group of scholars, former United Nations Special Rapporteurs on torture, retired military and intelligence officers, and human rights advocates who filed an amicus brief in support of Al-Nashiri’s petition.