Suleiman Abdullah Salim
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Assessing Non-Consensual Human Experimentation During the War on Terror
ACEVES_FINAL(DO NOT DELETE) 11/26/2018 9:05 AM INTERROGATION OR EXPERIMENTATION? ASSESSING NON-CONSENSUAL HUMAN EXPERIMENTATION DURING THE WAR ON TERROR WILLIAM J. ACEVES* The prohibition against non-consensual human experimentation has long been considered sacrosanct. It traces its legal roots to the Nuremberg trials although the ethical foundations dig much deeper. It prohibits all forms of medical and scientific experimentation on non-consenting individuals. The prohibition against non-consensual human experimentation is now well established in both national and international law. Despite its status as a fundamental and non-derogable norm, the prohibition against non-consensual human experimentation was called into question during the War on Terror by the CIA’s treatment of “high-value detainees.” Seeking to acquire actionable intelligence, the CIA tested the “theory of learned helplessness” on these detainees by subjecting them to a series of enhanced interrogation techniques. This Article revisits the prohibition against non-consensual human experimentation to determine whether the CIA’s treatment of detainees violated international law. It examines the historical record that gave rise to the prohibition and its eventual codification in international law. It then considers the application of this norm to the CIA’s treatment of high-value detainees by examining Salim v. Mitchell, a lawsuit brought by detainees who were subjected to enhanced interrogation techniques. This Article concludes that the CIA breached the prohibition against non-consensual human experimentation when it conducted systematic studies on these detainees to validate the theory of learned helplessness. Copyright © 2018 William J. Aceves *Dean Steven R. Smith Professor of Law at California Western School of Law. -
United States District Court Eastern District Of
Case 2:15-cv-00286-JLQ ECF No. 239 filed 08/07/17 PageID.9393 Page 1 of 43 1 2 UNITED STATES DISTRICT COURT 3 EASTERN DISTRICT OF WASHINGTON 4 5 SULEIMAN ABDULLAH SALIM, et al., ) ) 6 ) No. CV-15-0286-JLQ Plaintiffs, ) 7 ) MEMORANDUM OPINION ) RE: MOTIONS FOR SUMMARY 8 vs. ) JUDGMENT ) 9 ) JAMES E. MITCHELL and JOHN ) 10 JESSEN, ) ) 11 Defendants. ) ___________________________________ ) 12 BEFORE THE COURT are Defendants’ Motion for Summary Judgment (ECF No. 13 169), Plaintiffs’ Motion for Partial Summary Judgment (ECF No. 178), and Defendants’ 14 Motion to Exclude (ECF No. 198). Response and Reply briefs have been filed and 15 considered. The parties have submitted a voluminous record of over 4,000 pages of 16 evidentiary exhibits. The court heard oral argument on the Motions on July 28, 2017. 17 James Smith, Henry Schuelke, III, Brian Paszamant, and Christopher Tompkins appeared 18 for Defendants James Mitchell and John Jessen. Hina Shamsi, Steven Watt, Dror Ladin, 19 Lawrence Lustberg, and Jeffry Finer appeared for Plaintiffs Suleiman Abdullah Salim, 20 Mohamed Ahmed Ben Soud, and Obaid Ullah. The court issued its preliminary oral 21 ruling. This Opinion memorializes and supplements the court’s oral ruling. 22 I. Introduction and Factual Allegations from Complaint 23 The Complaint in this matter alleges Plaintiffs Suleiman Abdullah Salim (“Salim”), 24 Mohamed Ahmed Ben Soud (“Soud”), and Gul Rahman (“Rahman”)1(collectively herein 25 Plaintiffs) were the victims of psychological and physical torture. Plaintiffs are all 26 27 1Obaid Ullah is the personal representative of the Estate of Gul Rahman. 28 ORDER - 1 Case 2:15-cv-00286-JLQ ECF No. -
Suleiman Complaint
1 La Rond Baker, WSBA No. 43610 2 [email protected] AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOUNDATION 3 901 Fifth Avenue, Suite 630 4 Seattle, WA 98164 Phone: 206-624-2184 5 6 Steven M. Watt (pro hac vice pending) Dror Ladin (pro hac vice pending) 7 Hina Shamsi (pro hac vice pending) 8 Jameel Jaffer (pro hac vice pending) AMERICAN CIVIL LIBERTIES UNION FOUNDATION 9 125 Broad Street, 18th Floor 10 New York, New York 10004 11 Paul Hoffman (pro hac vice pending) 12 Schonbrun Seplow Harris & Hoffman, LLP 723 Ocean Front Walk, Suite 100 13 Venice, CA 90291 14 Attorneys for Plaintiffs 15 16 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WASHINGTON 17 18 SULEIMAN ABDULLAH SALIM, MOHAMED AHMED BEN SOUD, OBAID 19 ULLAH (AS PERSONAL 20 REPRESENTATIVE OF GUL RAHMAN), Civil Action No. 21 Plaintiffs, 22 v. COMPLAINT AND 23 DEMAND FOR JURY TRIAL 24 JAMES ELMER MITCHELL and JOHN “BRUCE” JESSEN 25 26 Defendants. 27 COMPLAINT AMERICAN CIVIL LIBERTIES Page | 1 UNION OF WASHINGTON FOUNDATION 901 Fifth Ave, Suite 630 Seattle, WA 98164 (206) 624-2184 1 I. INTRODUCTION 2 1. Defendants James Elmer Mitchell and John “Bruce” Jessen are 3 4 psychologists who designed, implemented, and personally 5 administered an experimental torture program for the U.S. Central 6 Intelligence Agency (“CIA”). 7 8 2. To create a torture program with a scientific veneer, Defendants drew 9 on experiments from the 1960s in which researchers taught dogs 10 “helplessness” by subjecting them to uncontrollable pain. Defendants 11 12 theorized that if human beings were subjected to systematic abuse, the 13 victims would become helpless and unable to resist an interrogator’s 14 demand for information. -
ICC-02/17 Date: 20 November 2017 PRE-TRIAL CHAMBER III Before
ICC-02/17-7-Red 20-11-2017 1/181 NM PT ras Original: English No.: ICC-02/17 Date: 20 November 2017 PRE-TRIAL CHAMBER III Before: Judge Antoine Kesia-Mbe Mindua, Presiding Judge Judge Chang-ho Chung Judge Raul C. Pangalangan SITUATION IN THE ISLAMIC REPUBLIC OF AFGHANISTAN PUBLIC with confidential, EX PARTE, Annexes 1, 2A, 2B, 2C, 3A, 3B, 3C, 4A, 4B, 4C, 6, public Annexes 4, 5 and 7, and public redacted version of Annex 1-Conf-Exp Public redacted version of “Request for authorisation of an investigation pursuant to article 15”, 20 November 2017, ICC-02/17-7-Conf-Exp Source: Office of the Prosecutor ICC-02/17-7-Red 20-11-2017 2/181 NM PT Document to be notified in accordance with regulation 31 of the Regulations of the Court to: The Office of the Prosecutor Counsel for the Defence Mrs Fatou Bensouda Mr James Stewart Mr Benjamin Gumpert Legal Representatives of the Victims Legal Representatives of the Applicants Unrepresented Victims Unrepresented Applicants (Participation/Reparation) The Office of Public Counsel for The Office of Public Counsel for the Victims Defence States’ Representatives Amicus Curiae REGISTRY Registrar Defence Support Section Mr Herman von Hebel Victims and Witnesses Unit Detention Section Mr Nigel Verrill No. ICC- 02/17 2/181 20 November 2017 ICC-02/17-7-Red 20-11-2017 3/181 NM PT I. Introduction ...................................................................................................... 6 II. Confidentiality ................................................................................................. -
The CIA Torture Case: on Eve of the Trial, Psychologists Agree to Settlement in ACLU Case on Behalf of Three Torture Victims
The CIA Torture Case: On Eve of the Trial, Psychologists Agree to Settlement in ACLU Case on Behalf of Three Torture Victims By American Civil Liberties Union Region: USA Global Research, August 18, 2017 Theme: Crimes against Humanity, Law and American Civil Liberties Union 17 August Justice, Police State & Civil Rights 2017 Featured image: Drs. James Mitchell (left) and John Bruce Jessen (right) NEW YORK — In a first for a case involving CIA torture, the American Civil Liberties Union announced a settlement today in the lawsuit against the two psychologists who designed and implemented the agency’s brutal program. A jury trial was scheduled to begin on September 5, after the plaintiffs successfully overcame every attempt by the psychologists to have the case dismissed. The lawsuit was brought by the ACLU on behalf ofSuleiman Abdullah Salim, Mohamed Ahmed Ben Soud, and the family of Gul Rahman, who froze to death in a secret CIA prison. The three men were tortured and experimented on using methods developed by the CIA- contracted psychologists, James Mitchell and John “Bruce” Jessen. “This is a historic victory for our clients and the rule of law,” said ACLU attorney Dror Ladin. “This outcome shows that there are consequences for torture and that survivors can and will hold those responsible for torture accountable. It is a clear warning for anyone who thinks they can torture with impunity.” The full terms of the settlement agreement are confidential. “We brought this case seeking accountability and to help ensure that no one else has to endure torture and abuse, and we feel that we have achieved our goals,” the plaintiffs said in a joint statement praising the settlement. -
Download the Full Report
H U M A N R I G H T S NO MORE EXCUSES WATCH A Roadmap to Justice for CIA Torture No More Excuses A Roadmap to Justice for CIA Torture Copyright © 2015 Human Rights Watch All rights reserved. Printed in the United States of America ISBN: 978-1-62313-2996 Cover design by Rafael Jimenez Human Rights Watch is dedicated to protecting the human rights of people around the world. We stand with victims and activists to prevent discrimination, to uphold political freedom, to protect people from inhumane conduct in wartime, and to bring offenders to justice. We investigate and expose human rights violations and hold abusers accountable. We challenge governments and those who hold power to end abusive practices and respect international human rights law. We enlist the public and the international community to support the cause of human rights for all. Human Rights Watch is an international organization with staff in more than 40 countries, and offices in Amsterdam, Beirut, Berlin, Brussels, Chicago, Geneva, Goma, Johannesburg, London, Los Angeles, Moscow, Nairobi, New York, Paris, San Francisco, Tokyo, Toronto, Tunis, Washington DC, and Zurich. For more information, please visit our website: http://www.hrw.org DECEMBER 2015 ISBN: 978-1-62313-2996 No More Excuses A Roadmap to Justice for CIA Torture Summary ........................................................................................................................................ 1 Methodology ................................................................................................................................. -
ACLU-RDI 6806 P.1 Page 2 1 Videotaped Deposition of 2 JOSE RODRIGUEZ 3 4 Held at the Offices Of: 5 Blank Rome, LLP 6 1825 Eye Street, NW 7 Washington, D.C
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WASHINGTON AT SPOKANE - - - - - - - - - - - - - -+ | SULEIMAN ABDULLAH SALIM, | et al, | | Plaintiffs, | Case Number: | vs. | 2:15-cv-286-JLQ | JAMES E. MITCHELL and | JOHN JESSEN, | | Defendants. | | - - - - - - - - - - - - - -+ Videotaped Deposition of Jose Rodriguez Washington, D.C. Tuesday, March 7, 2017 10:00 a.m. Job No. 302803 Reported by: Laurie Bangart, RPR, CRR ACLU-RDI 6806 p.1 Page 2 1 Videotaped Deposition of 2 JOSE RODRIGUEZ 3 4 Held at the offices of: 5 Blank Rome, LLP 6 1825 Eye Street, NW 7 Washington, D.C. 20006 8 (202)772-5815 9 10 11 12 13 14 15 16 17 Taken pursuant to notice, before 18 Laurie Bangart, Registered Professional 19 Reporter, Certified Realtime Reporter, and 20 Notary public in and for the District of 21 Columbia. 22 23 24 25 ACLU-RDI 6806 p.2 Page 3 1 A P P E A R A N C E S 2 ON BEHALF OF THE PLAINTIFFS: 3 Gibbons P.C. 4 One Gateway Center 5 Newark, New Jersey 07102 6 (973)596-4731 7 By: Lawrence S. Lustberg, Esq. 8 [email protected] 9 Kate E. Janukowicz, Esq. 10 [email protected] 11 Daniel J. McGrady, Esq. 12 [email protected] 13 ON BEHALF OF THE DEFENDANTS: 14 Blank Rome, LLP 15 One Logan Square 16 130 North 18th Street 17 Philadelphia, Pennsylvania 19103 18 (215)569-5643 19 By: James T. Smith, Esq. 20 [email protected] 21 Ann E. Querns, Esq. 22 [email protected] 23 Henry F. Schuelke, III 24 [email protected] 25 ACLU-RDI 6806 p.3 Page 4 1 (Appearances continued) 2 ON BEHALF OF THE UNITED STATES OF AMERICA: 3 Department of Justice 4 Civil Division, Federal Programs Branch 5 20 Massachusetts Avenue, NW 6 Washington, D.C. -
Suleiman Abdullah Salim
Page 1 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WASHINGTON - - - - - - - - - - - - - - - x SULEIMAN ABDULLAH SALIM, MOHAMED AHMED BEN SOUD, OBAID ULLAH (as Personal Representative of GUL RAHMAN), Plaintiffs, Civil Action No. vs. 2:15-CV-286-JLQ JAMES ELMER MITCHELL and JOHN "BRUCE" JESSEN, Defendants. - - - - - - - - - - - - - - - x VIDEOTAPED DEPOSITION OF SULEIMAN ABDULLAH SALIM VOLUME I March 14, 2017 Reported by: Jane M. Borrowman, RPR, CSR Job no: 18303 TransPerfect Legal Solutions 212-400-8845 [email protected] ACLU-RDI 6812 p.1 Page 2 1 2 DEPOSITION OF: SULEIMAN ABDULLAH SALIM 3 LOCATION: Hogan Lovells 22 Fredman Drive 4 Sandton, Johananesburg, South Africa 5 DATE: March 14, 2017 6 TIME: 10:08 a.m. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 TransPerfect Legal Solutions 212-400-8845 [email protected] ACLU-RDI 6812 p.2 Page 3 1 APPEARANCES: 2 ON BEHALF OF THE PLAINTIFFS: 3 Paul L. Hoffman, Esq. 4 SCHONBRUN SEPLOW HARRIS & HOFFMAN, LLP 5 200 Pier Avenue 6 Hermosa Beach, California 90254 7 310-396-0731 8 [email protected] 9 - and - 10 Steven M. Watt, Esq. 11 AMERICAN CIVIL LIBERTIES UNION FOUNDATION 12 125 Broad Street - 18th Floor 13 New York, New York 10004 14 212-284-7321 15 [email protected] 16 17 ON BEHALF OF THE DEFENDANTS: 18 James T. Smith, Esq. 19 Charrise L. Alexander, Esq. 20 BLANK ROME, LLP 21 1825 Eye Street NW 22 Washington, DC 20006-5403 23 [email protected] 24 [email protected] TransPerfect Legal Solutions 212-400-8845 [email protected] ACLU-RDI 6812 p.3 Page 4 1 ALSO PRESENT: 2 xxxxxxxxxxxxxxxxxxx, Swahili Interpreter 3 Mr. -
NO MORE EXCUSES WATCH a Roadmap to Justice for CIA Torture
HUMAN RIGHTS NO MORE EXCUSES WATCH A Roadmap to Justice for CIA Torture No More Excuses A Roadmap to Justice for CIA Torture Copyright © 2015 Human Rights Watch All rights reserved. Printed in the United States of America ISBN: 978-1-62313-2996 Cover design by Rafael Jimenez Human Rights Watch is dedicated to protecting the human rights of people around the world. We stand with victims and activists to prevent discrimination, to uphold political freedom, to protect people from inhumane conduct in wartime, and to bring offenders to justice. We investigate and expose human rights violations and hold abusers accountable. We challenge governments and those who hold power to end abusive practices and respect international human rights law. We enlist the public and the international community to support the cause of human rights for all. Human Rights Watch is an international organization with staff in more than 40 countries, and offices in Amsterdam, Beirut, Berlin, Brussels, Chicago, Geneva, Goma, Johannesburg, London, Los Angeles, Moscow, Nairobi, New York, Paris, San Francisco, Tokyo, Toronto, Tunis, Washington DC, and Zurich. For more information, please visit our website: http://www.hrw.org NOVEMBER 2015 978-1-62313-2996 No More Excuses A Roadmap to Justice for CIA Torture Summary ........................................................................................................................................ 1 Methodology ................................................................................................................................. -
An Invest Cia Tort Sam Raphael Crofton
CIA TORTURE AN INVESTIGATION INTO THE UNREDACTED CIA TORTURE PROGRAMME SAM RAPHAEL CROFTON BLACK RUTH BLAKELEY AN INVESTIGATION INTO THE CIA TORTURE PROGRAMME CIA TORTURE UNREDACTED SAM RAPHAEL CROFTON BLACK RUTH BLAKELEY ‘SCHOLARS OF COUNTER-TERRORISM HAVE LONG ARGUED THAT TORTURE REPRESENTS AN IMMORAL AND DEEPLY INEFFECTIVE MEANS OF RESPONDING TO NON-STATE VIOLENCE. THIS STRIKING REPORT CONTRIBUTES RESONANTLY TO THAT INSIGHT, AND WILL PROVE OF VERY HIGH VALUE TO ALL WHO ARE INTERESTED IN APPROPRIATELY MORAL AND SUCCESSFUL RESPONSES TO TERRORISM.’ PROFESSOR RICHARD ENGLISH, AUTHOR OF TERRORISM: HOW TO RESPOND ‘CIA TORTURE UNREDACTED IS A MONUMENTALLY IMPORTANT PIECE OF INVESTIGATIVE WORK. SAM RAPHAEL, CROFTON BLACK AND RUTH BLAKELEY HAVE – BY PIECING TOGETHER INTRICATE DETAILS DRAWN FROM A BROAD RANGE OF AUTHORITATIVE SOURCES – PULLED BACK THE CURTAIN ON THE CIA’S EXTRAORDINARY RENDITION AND SECRET DETENTION PROGRAMME. THE RESULT IS A DAMNING REPORT THAT REVEALS STORIES ONCE HIDDEN BEHIND BARS – FIRST, THE METAL BARS OF CIA JAILERS, AND LATER, THE BLACK BARS OF US CENSORS. THIS REPORT, BORN OF PAINSTAKING WORK BY RESEARCHERS STEEPED IN THE US TORTURE PROGRAMME, WILL PLAY A CRUCIAL ROLE IN THE ONGOING STRUGGLE FOR ACCOUNTABILITY AND REPARATION.’ MARGARET L. SATTERTHWAITE, CO-DIRECTOR, CENTER FOR HUMAN RIGHTS AND GLOBAL JUSTICE, NYU SCHOOL OF LAW ‘OVER A NUMBER OF YEARS, THE AUTHORS’ METICULOUS RESEARCH HAS PROVIDED AN INVALUABLE TOOL FOR THE UN’S EFFORTS TO UNCOVER THE SCALE OF THE INTERNATIONAL CRIMINAL CONSPIRACY THAT WAS ORCHESTRATED BY THE BUSH-ERA CIA, AS WELL AS ITS COLLABORATORS SUCH AS THE UK. SHAMEFULLY, SUCCESSIVE US ADMINISTRATIONS HAVE FAILED TO PROSECUTE THE PERPETRATORS, OR ANY OF THE SENIOR ADMINISTRATIONS OFFICIALS WHO ORDERED THESE CRIMES, SHIELDING BEHIND THE “SUPERIOR ORDERS” DEFENCE THAT WAS REJECTED AT NUREMBURG AND IS EXPRESSLY FORBIDDEN UNDER THE UN CONVENTION AGAINST TORTURE. -
Some Folks’: Pursuing Justice for Victims of Torture Through Traditional Grounds of Jurisdiction
REDRESS FOR ‘SOME FOLKS’: PURSUING JUSTICE FOR VICTIMS OF TORTURE THROUGH TRADITIONAL GROUNDS OF JURISDICTION Karen Hoffmann, Esq.* TABLE OF CONTENTS I. INTRODUCTION ................................................................................. 98 II. THE NEED FOR REDRESS AND ACCOUNTABILITY ........................... 104 III. POSSIBLE VENUES FOR PROSECUTION ............................................ 107 A. United States ............................................................................ 107 B. International Courts ................................................................. 112 C. The Unbearable Lightness of Universal Jurisdiction ............... 114 D. Alternatives: ‘Traditional’ Grounds of Jurisdiction ................ 123 IV. CONCLUSION ................................................................................... 127 * ALDEA — The People’s Justice Center, Reading, PA, USA – [email protected]. 97 98 GA. J. INT’L & COMP. L. [Vol. 46:97 I. INTRODUCTION This is not C.I.A.’s program. This is not the President’s program. This is America’s program. –Former CIA Director Michael Hayden1 After learning the news [of the Senate Torture Report], Mr. Bashmilah pressed Ms. Satterthwaite, who heads the global justice program at New York University Law School, to tell him what might follow from the Senate’s recognition. Would there be an apology? Would there be some kind of compensation?2 It has now been nearly three years since the release of the summary of the U.S. Senate Select Committee on Intelligence report on CIA -
Salim V. Mitchell
Case: 2:15-cv-00286-JLQ As of: 03/28/2019 01:14 PM PDT 1 of 25 CLOSED,JURY,LC01,PROTO Eastern District of Washington U.S. District Court (Spokane) CIVIL DOCKET FOR CASE #: 2:15−cv−00286−JLQ Salim et al v. Mitchell et al Date Filed: 10/13/2015 Assigned to: Senior Judge Justin L. Quackenbush Date Terminated: 08/17/2017 Case in other court: District of Columbia, Jury Demand: Plaintiff 1:16−MC−1799−KBJ Nature of Suit: 890 Other Statutory Cause: 28:1350 Alien Tort Statute Actions Jurisdiction: Federal Question Plaintiff Suleiman Abdullah Salim represented by Anthony P DiCaprio Law Office of Anthony DiCaprio 64 Purchase Street Rye, NY 10580 917−439−5166 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Avram D Frey Gibbons PC One Gateway Center Newark, NJ 07102 973−596−4415 Fax: 973−639−6358 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Daniel J McGrady Gibbons PC One Gateway Center Newark, NJ 07102 973−596−4500 Fax: 973−639−6465 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Dror Ladin American Civil Liberties Union Foundation 125 Broad St, 17th Floor New York, NY 10004 212−284−7303 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Hina Shamsi American Civil Liberties Union Foundation 125 Broad St, 17th Floor New York, NY 10004 212−284−7321 Email: [email protected] Case: 2:15-cv-00286-JLQ As of: 03/28/2019 01:14 PM PDT 2 of 25 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Jeffry Keith Finer Finer & Winn PS 421 W Riverside