SPOLIATION OF RECORDED EVIDENCE BY THE U.S. GOVERNMENT

Information has emerged that the CIA (United States Central Intelligence Agency) and the other United States government agencies have engaged in spoliation – destruction of recorded evidence of detainees’ interrogations. Courts have been reluctant to issue orders barring future spoliation, on the grounds that there is no evidence that the United States government will continue to engage in such spoliation activities in the future and procedures are already in place to preserve such evidence. Furthermore, when such orders have been issued, ensuring compliance is difficult.

The following questions have been addressed in this article:

What sanctions are available for spoliation of recordings by the government?
What steps are being taken by the U.S. government to investigate the destruction of the recordings made concerning the interrogation of Abu Zubayda?
Have there been other allegations of spoliation of recordings by the U.S. government?

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