Cia Torture What Happened to the 119 Detainees?
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Government Turns the Other Way As Judges Make Findings About Torture and Other Abuse
USA SEE NO EVIL GOVERNMENT TURNS THE OTHER WAY AS JUDGES MAKE FINDINGS ABOUT TORTURE AND OTHER ABUSE Amnesty International Publications First published in February 2011 by Amnesty International Publications International Secretariat Peter Benenson House 1 Easton Street London WC1X 0DW United Kingdom www.amnesty.org Copyright Amnesty International Publications 2011 Index: AMR 51/005/2011 Original Language: English Printed by Amnesty International, International Secretariat, United Kingdom All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior permission of the publishers. Amnesty International is a global movement of 2.2 million people in more than 150 countries and territories, who campaign on human rights. Our vision is for every person to enjoy all the rights enshrined in the Universal Declaration of Human Rights and other international human rights instruments. We research, campaign, advocate and mobilize to end abuses of human rights. Amnesty International is independent of any government, political ideology, economic interest or religion. Our work is largely financed by contributions from our membership and donations CONTENTS Introduction ................................................................................................................. 1 Judges point to human rights violations, executive turns away ........................................... 4 Absence -
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. -
The Abu Ghraib Convictions: a Miscarriage of Justice
Buffalo Public Interest Law Journal Volume 32 Article 4 9-1-2013 The Abu Ghraib Convictions: A Miscarriage of Justice Robert Bejesky Follow this and additional works at: https://digitalcommons.law.buffalo.edu/bpilj Part of the Human Rights Law Commons, and the Military, War, and Peace Commons Recommended Citation Robert Bejesky, The Abu Ghraib Convictions: A Miscarriage of Justice, 32 Buff. Envtl. L.J. 103 (2013). Available at: https://digitalcommons.law.buffalo.edu/bpilj/vol32/iss1/4 This Article is brought to you for free and open access by the Law Journals at Digital Commons @ University at Buffalo School of Law. It has been accepted for inclusion in Buffalo Public Interest Law Journal by an authorized editor of Digital Commons @ University at Buffalo School of Law. For more information, please contact [email protected]. THE ABU GHRAIB CONVICTIONS: A MISCARRIAGE OF JUSTICE ROBERT BEJESKYt I. INTRODUCTION ..................... ..... 104 II. IRAQI DETENTIONS ...............................107 A. Dragnet Detentions During the Invasion and Occupation of Iraq.........................107 B. Legal Authority to Detain .............. ..... 111 C. The Abuse at Abu Ghraib .................... 116 D. Chain of Command at Abu Ghraib ..... ........ 119 III. BASIS FOR CRIMINAL CULPABILITY ..... ..... 138 A. Chain of Command ....................... 138 B. Systemic Influences ....................... 140 C. Reduced Rights of Military Personnel and Obedience to Authority ................ ..... 143 D. Interrogator Directives ................ .... -
MMCCS Public Lecture, Pugliese V2
MMCCS Public Lecture: “Black Sites, Redacted Bodies: The Torture and Death of Gul Rahman in the CIA Salt Pit” Date: Wednesday 19 October Time: 6:00pm-8:00pm Venue: Macquarie University, Y3A.212 Speaker: Associate Professor Joseph Pugliese About the Topic: In this paper, I examine the torture and death of Gul Rahman in the CIA secret prison/black site known as the Salt Pit, located in northern Kabul, Afghanistan. Virtually excised from the public record, his name and death are mentioned in a footnote of the Classified Response to the U.S. Department of Justice Office of Professional Responsibility Classified Report (2009). This report, prepared by Counsel for Jay S. Bybee, is a detailed and lengthy repost to the accusation made by the Office of Professional Responsibility (OPR) that Judge Bybee’s memo (August 1, 2002) to Alberto R. Gonzales, Counsel to the President, authorised some forms of torture that contravened the U.S. Torture Statute, which defines torture and declares it to be a federal crime. In the course of my paper, I proceed to discuss the details of Gul Rahman’s torture and death in the CIA Salt Pit (in the context of the Bybee memo and his Counsel’s response to the OPR’s condemnatory report) in order to flesh out the relations of legal and governmental power that were instrumental in establishing U.S. regimes of torture and death in the CIA secret prisons. In delineating the forces that were operative in the torture and death of Rahman, I proceed to identify two intersecting modalities of violence – instrumental and gratuitous. -
“Global War on Terror” Darryl Li
Darryl Li / A Universal Enemy? DRAFT – 6 August 2009 A UNIVERSAL ENEMY?: LEGAL REGIMES OF EXCLUSION AND EXEMPTION UNDER THE “GLOBAL WAR ON TERROR” * DARRYL LI This essay argues that the ongoing U.S.-driven “Global War on Terror” stands apart from similar state campaigns in its special focus on confronting “foreign fighters” – armed transnational non-state Islamists operating outside their home countries – in places where the U.S. is no less foreign. This global hunt for foreign fighters animates diverse attempts to exclude similarly “out of place” Muslim migrants and travelers from legal protection by reshaping laws and policies on interrogation, detention, immigration, and citizenship. Yet at the same time, certain other outsiders – namely the U.S. and its allies – enjoy various forms of exemption from local legal accountability. This essay illustrates this braided logic of exclusion and exemption by juxtaposing the problems of extraordinary rendition and military contractor impunity in both post-war Bosnia- Herzegovina and post-invasion Iraq. This framework – which predates and will likely outlast the Bush administration – undermines the rule of law and state-building efforts and occludes crucial questions surrounding the legitimacy of how U.S. global power is exercised. This essay employs treaties, Bosnian, Iraqi, and U.S. statutes, cases, and regulations to reframe post-Cold War debates about nation-building and post-9/11 arguments about the laws of war. CONTENTS INTRODUCTION .................................................................................................................... 1 I. FOREIGN FIGHTER, MUSLIM OUT OF PLACE, UNIVERSAL ENEMY: THE ENDURING LOGIC OF THE “GLOBAL WAR ON TERROR”.................................................................................... 5 A. The Foreign Fighter as Figure of Threat.................................................................... 8 B. -
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. -
Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 108 CONGRESS, SECOND SESSION
E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, SECOND SESSION Vol. 150 WASHINGTON, WEDNESDAY, JUNE 23, 2004 No. 88—Part II Senate (Legislative day of Tuesday, June 22, 2004) NATIONAL DEFENSE AUTHORIZA- port was not included as part of the stantive support to these personnel and TION ACT FOR FISCAL YEAR President’s budget request and was not their families. 2005—Continued authorized within the bill now before Mrs. DOLE. I thank the distinguished Mrs. DOLE. Mr. President, I wonder the Senate. It is my understanding Chairman. Given this concurrence on if I might engage the distinguished that the decision to not include the Na- the importance of ensuring necessary Chairman in a brief colloquy. tional Demonstration Program for Cit- and effective support for our National Mr. WARNER. Certainly. izen-Soldier Support in the FY05 De- Guard and Reserve families, I ask the Mrs. DOLE. I thank my colleagues. fense Authorization bill was not made Chairman if he would be willing to sup- Mr. President, as a member of the Per- with prejudice to the program but, port my effort to bring this proposed sonnel Subcommittee, I am acutely rather, was based on the emerging na- Demonstration Program for Citizen- sensitive to the enormous challenges ture of the structure and deliverables Soldier Support to the attention of the confronting our National Guard and associated with this program—a pro- appropriate Department of Defense of- Reserve forces, and their families, as gram that is focusing on how to best fices. -
Exhibits Attached to Arguments on Admissibility, Declaration of Mohammed Abdullah Saleh Al-Asad, and Declaration of Zahra Ahmed Mohamed
BEFORE THE AFRICAN COMMISSION FOR HUMAN & PEOPLES’ RIGHTS 49th ORDINARY SESSION: APRIL-MAY 2011 COMMUNICATION NO. 383/2010 In the matter between: MOHAMMED ABDULLAH SALEH AL-ASAD and DJIBOUTI EXHIBITS ATTACHED TO ARGUMENTS ON ADMISSIBILITY, DECLARATION OF MOHAMMED ABDULLAH SALEH AL-ASAD, AND DECLARATION OF ZAHRA AHMED MOHAMED EXHIBITS The United Republic of Tanzania Departure Declaration Card, 27 December 2003…….A Center for Human Rights and Global Justice, On the Record: U.S. Disclosures on Rendition, Secret Detention, and Coercive Interrogation (New York: NYU School of Law, 2008)………………………………………………………………………………..B Letter to the Attorney General of Djibouti, 31 March 2009…….….…..…….…….….…C United Nations Human Rights Council, 13th Session, Joint Study on Global Practices in Relation to Secret Detention in the Context of Countering Terrorism, U.N. Doc. A/HRC/13/42 (19 February 2010)………………………………………………………. D Republic v. Director of Immigration Services, ex parte Mohammed al-Asad (Habeas Corpus petition), High Court of Tanzania, 17 June 2004………………………………...E Amnesty International, United States of America: Below the radar- Secret flights to torture and ‘disappearance,’ 5 April 2006……………………………………………….F Prepared Remarks of Treasury Secretary John Snow to Announce Joint U.S. and Saudi Action Against Four Branches of Al-Haramain in the Financial War on Terror, JS-1107, 22 January 2004…………………………………………………………………………..G Henry Lyimo, Guardian (Dar es Salaam), Yemenis, Italians Expelled, 30 December 2003…………………………………………………………………………………...….H Roderick Ndomba, Daily News (Dar es Salaam), Dar Deports 2,367 Aliens, 30 December 2003……...……………………………..………………………………………………….I International Committee of the Red Cross, ICRC Report on the Treatment of Fourteen “High Value Detainees” in CIA Custody, 2007…………………………..……….……...J International Seismological Centre Earthquake Data…………………………………….K U.S. -
The Impact of Executive Branch Secrecy on The
THE IMPACT OF EXECUTIVE BRANCH SECRECY ON THE UNITED STATES’ COMPLIANCE WITH THE CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT Shadow Report Prepared for the 53rd Session of the United Nations Committee Against Torture in Connection with its Review of the United States Submitted by OpenTheGovernment.org October 17, 2014 I. Reporting Organizations OpenTheGovernment.org, a project of the Fund for Constitutional Government, is a coalition of 94 non-profit organizations dedicated to promoting transparency and opposing excessive secrecy in the United States government. Our coalition crosses party and ideological lines, and includes good-government groups, library and journalism associations, consumer advocates, labor, environmentalists, human rights and civil liberties groups, and other organizations that believe openness is essential to democratic accountability. II. Executive Summary When the United States last appeared before the Committee Against Torture, it was operating secret prisons where the CIA subjected terrorism suspects to enforced disappearance, torture, and cruel, inhuman and degrading treatment. President Barack Obama closed those prisons, ended that program, and banned the CIA’s use of so-called “enhanced interrogation techniques.” But the Obama administration has allowed the CIA, and to a lesser extent the military, to conceal information about its treatment of terrorism suspects on national security grounds. This policy of official secrecy about torture and cruelty prevents candid -
PLAINTIFFS' SOF in OPPOSITION and RESPONSE to DEFENDANTS' SUF Emily Chiang, WSBA No. 50517 [email protected] AMERICAN CIVI
Case 2:15-cv-00286-JLQ Document 194 Filed 06/12/17 1 Emily Chiang, WSBA No. 50517 2 [email protected] AMERICAN CIVIL LIBERTIES UNION 3 OF WASHINGTON FOUNDATION 4 901 Fifth Avenue, Suite 630 Seattle, WA 98164 5 Phone: 206-624-2184 6 Dror Ladin (admitted pro hac vice) 7 Steven M. Watt (admitted pro hac vice) 8 Hina Shamsi (admitted pro hac vice) AMERICAN CIVIL LIBERTIES UNION FOUNDATION 9 10 Lawrence S. Lustberg (admitted pro hac vice) Kate E. Janukowicz (admitted pro hac vice) 11 Daniel J. McGrady (admitted pro hac vice) 12 Avram D. Frey (admitted pro hac vice) GIBBONS P.C. 13 14 Attorneys for Plaintiffs 15 UNITED STATES DISTRICT COURT 16 FOR THE EASTERN DISTRICT OF WASHINGTON 17 SULEIMAN ABDULLAH SALIM, No. 15-CV-0286 (JLQ) 18 MOHAMED AHMED BEN SOUD, PLAINTIFFS’ STATEMENT OBAIDULLAH (AS PERSONAL 19 OF FACTS IN OPPOSITION REPRESENTATIVE OF GUL RAHMAN), TO DEFENDANTS’ MOTION 20 FOR SUMMARY JUDGMENT Plaintiffs, 21 AND RESPONSE TO DEFENDANTS’ STATEMENT 22 v. OF UNDISPUTED FACTS IN 23 SUPPORT OF THEIR MOTION JAMES ELMER MITCHELL and JOHN FOR SUMMARY JUDGMENT 24 “BRUCE” JESSEN NOTE ON MOTION 25 CALENDAR: Defendants. July 28, 2017 AT 9:30 A.M. 26 Spokane, Washington AMERICAN CIVIL LIBERTIES PLAINTIFFS’ SOF IN OPPOSITION AND UNION OF WASHINGTON FOUNDATION RESPONSE TO DEFENDANTS’ SUF 901 Fifth Ave, Suite 630 No. 15-CV-286 (JLQ) Seattle, WA 98164 Page | 1 (206) 624-2184 Case 2:15-cv-00286-JLQ Document 194 Filed 06/12/17 1 Plaintiffs Suleiman Abdullah Salim, Mohamed Ahmed Ben Soud, and 2 Obaid Ullah (as personal representative of Gul Rahman), pursuant to Rule 56 of 3 4 the Federal Rules of Civil Procedure and Rules 7.1 and 56.1 of the Local Rules 5 for the United States District Court, Eastern District of Washington, file this 6 Statement of Facts in opposition to Defendants’ Motion for Summary Judgment. -
Download This Report
By the Numbers Findings of the Detainee Abuse and Accountability Project HUMAN RIGHTS WATCH April 2006 Volume 18, No. 2(G) By the Numbers Findings of the Detainee Abuse and Accountability Project Summary..........................................................................................................................................1 By the Numbers .............................................................................................................................6 Analysis............................................................................................................................................9 Criminal Punishments: Verdicts and Sentencing..................................................................9 Officers’ Liability Under the Command Responsibility Doctrine ...................................11 Reliance on Non-judicial Hearings and Punishment .........................................................13 Investigative Failures...............................................................................................................17 Recommendations .......................................................................................................................23 Appendix A: Chart of Key Statistics.........................................................................................24 Appendix B: Sample Homicide Cases Documented by Human Rights First ....................25 Summary Two years ago, revelations about the abuse of detainees in U.S. custody at Abu Ghraib prison in Iraq shocked -
Guantanamo Bay Fair Trial Manual: Excerpts
[Page Numbers for these Excerpts -- Page 1 of 152] [Printed 14 June 2019] [Prelimonary Draft - Still Begin Researched and Edited] Page 1 GTMO Bay Fair Trial Manual (Excerpts) www.GitmoObserver.com [8 August 2017, 6:15 pm] Guantanamo Bay Fair Trial Manual: Excerpts The Guantanamo Bay Fair Trial Manual1 is a two-volume resource of over 500 pages. It is available in print and online at The Gitmo Observer (gitmoobserver.com).2 This excerpted version of the Manual is designed to assist you in preparing for Military Commission hearings. It is not intended to replace the full version, which you are encouraged to read to help make it easier to fulfill any remit you may have in attending or monitoring hearings. The following Manual chapters and resources are reproduced in these Manual Excerpts. Chapter I Preface: Explains the early roots & purposes of the Guantanamo Bay Fair Trial Manual Chapter II: How to Use the Guantanamo Bay Fair Trail Manual Chapter IV: Abbreviations (helpful with alphabet soup of military jargon) Chapter V: What is the Right to a Fair Trial?: (identifies stakeholders; U.S. & international law) Chapter VI: Roles & Responsibilities of NGO Observers at GTMO Chapter VII: Background & Brief History of the GTMO U.S. Military Commissions Chapter VIII: General Information About the Case to be Observed (a checklist use as you prepare) Rights – Selected (Right to be Presumed Innocent (Category A); Right to Trial by Competent, Independent & Impartial Tribunal (Category D); Right to Public Proceedings (Category P)) Rights & Interests of NGO Observers (Category XVII) Rights & Interests of JTF-GTMO (Category XIV) Glossary: U.S.