Amerika: Judge Finds Courts Cannot Protect US Citizens Tortured by US Government Officials Abroad

[WillyT]

Judge Finds Courts Cannot Protect US Citizens Tortured by US Government Officials Abroad
By: Kevin Gosztola - FDL
Tuesday June 17, 2014 11:00 am

<snip>

A federal district court dismissed a case that was brought by the American Civil Liberties Union on behalf of a United States citizen and against US government officials who allegedly tortured, abused and subjected him to rendition and incommunicado detention in Kenya, Somalia and Ethiopia. The dismissal was another stark example of how it is nearly impossible for torture victims to push for justice in an American court of law.

Amir Meshal was in the Horn of Africa when, on January 24, 2007, Kenyan soldiers captured and interrogated him. He was “hooded, handcuffed and flown to Nairobi, where he was taken to the Ruai Police Station and questioned by an officer of Kenya’s Criminal Investigation Department” and was told that the police had to “find out what the United States wanted to do with him before he could send him back to the United States.” He remained in detention without access to a telephone or his attorney for a week, according to the US District Court of the District of Columbia’s decision [PDF].

On February 3, “three Americans,” who turned out to be FBI agents, interrogated Meshal and told him he would be handed over to the Kenyans and remain stuck in a “lawless country” if he did not cooperate. The agents also accused him of “having received weapons and interrogation resistance training in an al Qaeda camp.” Supervising Special Agent Chris Higgenbotham, one of the officials sued, threatened Meshal with being transferred to Israel where the Israelis would “make him disappear.” Meshal was informed that another US citizen he had met in Kenya, Daniel Maldonado, who was also seized by Kenyan soldiers, “had a lot to say about” him and his story “would have to match.”

Meshal was flown by Kenyan officials to Somalia with twelve others on February 9. He was “detained in handcuffs in an underground room with no windows or toilets,” which was referred to as “the cave.” This was allegedly to prevent pressure from Kenyan courts to halt his detention and interrogation by FBI agents.

About a week later, Meshal was transported in handcuffs and a blindfold to Addis Ababa, Ethiopia. He was held there in incommunicado detention for a week before Ethiopian officials started \regularly transporting him to a villa with other prisoners where he could be interrogated by FBI agents. He remained in detention for three months and was moved into solitary confinement twice. Finally, on May 24, he was taken to the US Embassy in Addis Ababa and flown back to the US. He was detained for four months and lost eighty pounds. US officials never charged him with a crime.

Judge Emmet G. Sullivan, who was appointed by President Bill Clinton, wrote in the decision, “The facts alleged in this case and the legal questions presented are deeply troubling.” But, he added, “Although Congress has legislated with respect to detainee rights, it has provided no civil remedies for US citizens subject to the appalling mistreatment Mr. Meshal has alleged against officials of his own government.”

<snip>

More: http://dissenter.firedoglake.com/2014/06/17/judge-finds-courts-cannot-protect-us-citizens-tortured-by-us-government-officials-abroad/

[truedelphi]

1. Does anyone else here remember the Mike Malloy discussion per the Holocaust

Back in the George the Lesser era, he asked the listening audience if we could figure out when and how it was established that a future Holocaust was possible.

The callers in spent about 2 hours offering their points of view. In the end it was decided that what sets a nation up for a Holocaust is when ONE SINGLE PERSON can be killed or tortured, because after that anything else is just a level of degrees.

And with regards to this paragraph:

Judge Emmet G. Sullivan, who was appointed by President Bill Clinton, wrote in the decision, “The facts alleged in this case and the legal questions presented are deeply troubling.” But, he added, “Although Congress has legislated with respect to detainee rights, it has provided no civil remedies for US citizens subject to the appalling mistreatment Mr. Meshal has alleged against officials of his own government.”

I have to ask, why the hell is the US Constitution not considered the provider of the civil remedy??? Why is it that none of our "top legal minds" ever consider the US Constitution and the Bill of Rights as holding the provisions needed for our freedom from torture, rendition and death??

I was under the assumption that all judges take an oath to defend and protect the US Constitution...

[WillyT]

2. Great Questions, All...

I thought the Constitution superseded the laws of Congress.

[truedelphi]

7. And I have just been made aware of the fact that June is

"Torture Awareness Month."

http://my.firedoglake.com/tomengelhardt/2014/06/17/ariel-dorfman-a-tale-of-torture-and-forgiveness/

Of course, here on DU, June is the official "Hillary did a great job of being elected in 2016" month.

[truebrit71]

3. Un-fucking-believable. ..

n/t

[WillyT]

4. Used To Be... Not Anymore...

[OnyxCollie]

5. K&R. nt

[PeoViejo]

6. Another 'Enabling Act' becomes Case Law

Where have we seen this before?

[WillyT]

8. Kick !!!

[woo me with science]

9. kick