As though to provide further evidence for yesterday's post, the AP reports that the Pentagon has dropped charges against Mohammed al-Qahtani, formerly accused of being the "20th hijacker" for the attacks of 9/11. Despite having held this man for 6 and half years (he was captured in Afghanistan in December 2001), accused him of the gravest crimes, tortured him and "lost" the records of his detainment, the government now will not be trying him.

The accusations of torture in Qahtani's case are horrifying. According to the AP:

Critics of the tribunals have faulted a rule that allows judges to decide whether to allow evidence that may have been obtained with "coercion." U.S. authorities have acknowledged that Mohammed was subjected to waterboarding by CIA interrogators and that al-Qahtani was treated harshly at Guantanamo.

Al-Qahtani in October 2006 recanted a confession he said he made after he was tortured and humiliated at Guantanamo.

The alleged torture, which he detailed in a written statement, included being beaten, restrained for long periods in uncomfortable positions, threatened with dogs, exposed to loud music and freezing temperatures and stripped nude in front of female personnel.

I have no idea if Qahtani is guilty or innocent - now it seems, we may never know. America, and the Constitution deserve better.

The ACLU is calling for a special prosecutor to investigate the use and authorization of torture by the Bush Administration. You can join the call at the ACLU website. You can also read more about the ACLU's work defending the prisoners at Guantanamo in the John Adams Project.

Hat tip, Atrios

Update: Paul Kiel of Talking Points Memo reckons the dropping of charges against Qahtani may only be temporary.