Blog: Josephine Setzler
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September 3, 2013
Ohio Court Rules Licensing Board Need Not Investigate Torture Allegations Against Local Psychologist
Posted by Deborah Popowski
This summer, the Franklin County Court of Common Pleas in Ohio ruled that the state’s psychology licensing board did not have a legal obligation to conduct a meaningful investigation into whether Dr. Larry James had committed grave violations of professional ethics in his role as Guantánamo senior interrogation psychologist.
The state court dismissed the case on procedural grounds, meaning that, like the Ohio Psychology Board, it did not engage with the evidence of abuse and made no finding as to Dr. James’s conduct. After almost 18 months of silence, the court issued a decision that is three pages long, and, for reasons not explained or reflected in the docket, was not written by the judge to whom the case was assigned. It offers virtually no legal or factual reasoning to support its conclusion that the people of Ohio were insufficiently harmed by torture left unexamined and unaccounted for, and that they therefore lack standing to challenge the Board’s inaction.
Our clients have decided not to appeal the decision. They made this choice not because they agree with the ruling, but because this latest chapter in their legal fight has convinced them that the courts are not where justice, accountability and truth will be found—not on this issue, not at this time. As a lawyer and teacher of law, this saddens me. But, like them, I am not surprised. In the seven years that I’ve worked on human rights violations in the U.S. counterterrorism context, the greatest victories and examples of moral courage that I’ve seen have taken place far from the courtroom, thanks to people like Trudy and Josie, Colin and Michael, whose consciences move them to action when officials charged with accountability choose to remain silent.Continue Reading…
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