According to your Wikilaw research, written by some unknown America-hater, Khalid Sheikh Mohammed was actually
slapped by those mean, icky American fascists! Can you imagine? Even worse, they
grabbed him in the face, and they
made him stand up and deprived him of sleep! Just think of the agony! I'll bet those mean men even refused to read him his favorite bedtime story!
And your Wikilaw research further reveals that the Red Cross, Human Rights Watch--and not least, Mohammed himself--think that he was tortured! Who gives a good G--damn what they think? For years it has been a claim of leftist propaganda, meant to slander the United States and arouse sympathy for the leftists' fellow America-haters, Islamic jihadists, that the U.S. practiced torture on some of these rats. That is false. It
should have, maybe--but it never did.
I have written at length and in detail about all this dozens of times on other sites like this. Leftists, apparently following Goebbels' idea that a lie repeated often enough and not challenged, will in time be accepted as fact, keep trotting it out. It costs them only a minute or two to make the slander, but rebutting it in detail takes hours of wading through difficul legal documents and then trying to explain, in layman's terms, what they say. I have done that, but I don't have the time or the inclination to do it again here.
The United States never authorized the use of any interrogation technique that constitutes torture under Section 2340 of the U.S. Code, or any other applicable U.S. laws. All those techniques, including the waterboarding technique, were analyzed by John Yoo and Jay Bybee in detailed legal memos written when they were in the Justice Department's prestigious Office of Legal Counsel. I have read those memos, which are as good as legal research gets, and they conclude that all the enhanced interrogation techniques were well within what our laws allow. To hell with Muslim jihadists, the sooner the better, and may their fifth columnists join them there.
As to the specific topic of this thread, nothing in the Constitution applied to any of the Muslim jihadist sons of whores captured by the United States. Nothing, that is, until the Supreme Court decided Boumediene v. Bush, in which it took it upon itself to declare that a federal law governing the jihadists' detention violated the Suspension Clause of the Constitution. That clause describes the limited conditions under which the right to habeas (which no one previously had ever suspected an alien war criminal held abroad had) may be suspended.
The resulting constitutional right to habeas Muslim jihadist bastards at Guantanamo now enjoy is satisfied by Combatant Status Review Tribunals, which are conducted in a courtroom there. The transcript of Khalid Sheik Mohammed's is available online, for all those who are interested in how those mean American Gestapo agents are treating their wrongly-accused darling.