Thursday, August 4, 2011

LEGAL COMMENTARY: The First Torture Trial

A torture suit against a member of the Bush administration (Donald Rumsfeld) has been allowed to proceed for the first time. This is very, very important.
The Supreme Court sets a high bar for suing high-ranking officials, requiring that they be tied directly to a violation of constitutional rights and must have clearly understood their actions crossed that line.
I'm not aware of any previous precedent on this scale. Here's what the suit is over:
[The Plaintiff] says he refused to answer questions because of concern about confidentiality, and the agents handcuffed and blindfolded him, kicked him in the back and threatened to shoot him if he tried to escape. He was then transferred to an unidentified location for three days before being flown to Camp Cropper.

For his first three months at Camp Cropper he says he was held incommunicado in solitary confinement with a hole in the ground for a toilet. He says he was then moved to cells holding terrorist suspects hostile to the United States who were told about his work for the military, leading to physical attacks by his cellmates that left him in constant fear for his life.

He claims guards tortured him by repeatedly choking him, exposing him to extreme cold and continuous artificial light, blindfolding and hooding him, waking him by banging on a door or slamming a window when he tried to sleep and blasting music into his cell at "intolerably loud volumes."

He says he always denied any wrongdoing and truthfully answered questions but interrogators continued to threaten him. Both sides say a detainee status board in December 2005 determined he was a threat to the multinational forces in Iraq and authorized his continued detention, but he says he was not allowed to see most of the evidence against him. Documents the government filed with the court only say he is suspected of a crime, without providing details.

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