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Sunday, August 28, 2011

NY judge won't order Gitmo doc probe

By JENNIFER PELTZ, Associated Press

NEW YORK – A judge has declined to force an investigation into whether an Army psychologist developed abusive interrogation techniques for detainees at Guantanamo Bay and should be stripped of his license, halting what civil-rights advocates have called the first court case amid a push to shed light on psychologists' role in terror suspects' interrogations.

The person who brought the case — another psychologist — doesn't have legal standing to do so, Manhattan Civil Court Judge Saliann Scarpulla said in a ruling filed Thursday.

Rights activists and some psychologists have pressed regulators in several states — unsuccessfully so far — to explore whether psychologists violated professional rules by designing or observing abusive interrogations.

In New York, rights advocates focused on John F. Leso, saying he developed "psychologically and physically abusive" interrogation techniques for use on detainees at Guantanamo Bay, Cuba.

The state Office of Professional Discipline, which oversees psychologists, declined last year to look into Leso. The agency said that his Army work is outside its purview and that the agency isn't in a position to address larger questions about the appropriateness of detainee interrogation methods.
The decision spurred the San Francisco-based Center for Justice and Accountability, the New York Civil Liberties Union and psychologist Steven Reisner to sue the agency last fall and ask the judge to force a review of techniques developed by Leso, who holds a New York psychologists' license.

"The ruling is unfortunate, as Dr. Reisner's claims raise serious and fundamental questions that should have their day in court," Center for Justice and Accountability lawyer Kathy Roberts said in a statement.

She said the groups are considering an appeal but also keeping their eye on proposed state legislation that would require investigating any allegation that a health care professional has participated in torture or other improper treatment.

Representatives for the state professional discipline office and the state Attorney General's office didn't immediately return calls. No contact information was immediately available for Leso, who isn't named in the court case and never chose to weigh in with a filing of his own. An Army spokesman didn't immediately return a call about Leso.

The rest of the story can be read here.