The judge told prosecutors they must ask Israeli security forces to turn over documents which could refute or support the man's claim that his statements were obtained through torture. Statements obtained through torture are inadmissible in US courts.
Mohammed Salah of Chicago, Abdel Haleem Ashqar of Virginia and Hamas leader Moussa Marzook, who is considered a fugitive living in Syria, were charged in August 2004 with operating a 15-year racketeering conspiracy in which they provided material support to terrorists.
Prosecutors told the court that much of the information requested by Salah's defense team - such as the identification of jailhouse informants, or 'birds' whom Salah said beat him in order to force a confession - was classified information that the Israeli security forces would not supply for the March 6 hearing. Other documents were simply not available.
Salah spent nearly five years in an Israeli prison following his 1993 arrest. His defense attorney said calling records "classified" was not a sufficient justification for violating his client's right to access records that could prove his innocence.
"Why is the United States justice system burdened by what the Israeli government determines is classified?" defense attorney Michael Deutsch asked the court. "If they can't get the documents that the court rules are relevant then they can't use the statements."
Federal judge Amy St. Eve gave prosecutors until January 13 to provide the documents requested or else explain why they were not available.
© 2005 Agence France-Presse
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