NY judge refuses to dismiss indictment against Guantanamo detainee who said he was tortured

NY judge: Torture no grounds to dismiss indictment

NEW YORK — A judge says a former Guantanamo Bay detainee who authorities say was a former aide to Osama bin Laden cannot win dismissal of his terrorism indictment if he was tortured.

Judge Lewis Kaplan said Monday that Ahmed Khalfan Ghailani (guh-LAHN’-ee) might have remedies if he can prove his rights were violated by torture. But Kaplan says those remedies do not include dismissing an indictment charging him in the August 1998 bombings of two U.S. embassies in Africa.

Ghailani was interrogated at a secret CIA-run camp abroad after his July 2004 arrest. He was later sent to Guantanamo Bay. Last year, he became the first detainee to be brought to the United States for trial in a civil court.