Sound familiar? Another devestating blow to civil libertarians.
US court rejects Binyam Mohamed torture case
British resident cannot sue firm for allegedly flying terror suspects abroad for CIA because of 'national security concerns'
A US court has narrowly ruled that Binyam Mohamed, the British resident secretly rendered to Morocco by the CIA before being held in the Guantánamo Bay prison camp for four years, cannot sue over his alleged torture in overseas prisons because it would compromise national security.
Mohamed was the lead plaintiff in a case brought by the American Civil Liberties Union (ACLU) on behalf of five former prisoners who claim they were tortured after being transferred to other countries through the CIA's extraordinary rendition programme.
They are fighting for the right to sue Jeppesen Dataplan, a Boeing subsidiary accused of arranging flights for the CIA.
A US court ruled last year that the case could proceed, but the Obama administration appealed and yesterday the court of appeals for the ninth circuit dismissed the case – although the judges were divided by six to five on the decision.
Judge Raymond Fisher said the majority had "reluctantly" concluded that "legitimate national security concerns" meant the case should not be heard.
Although the alleged offences were committed under the Bush government, the decision is a victory for the Obama's administration's aggressive efforts to prevent anything it believes would jeopardise national security reaching the public domain. Earlier this year, after a British court ordered disclosure of a seven-paragraph summary of classified CIA information showing what British agents knew of Mohamed's torture, the White House said it was "deeply disappointed" by the ruling and it could have an impact on intelligence-sharing between the countries.
"Permitting the executive to police its own errors and determine the remedy dispensed would not only deprive the judiciary of its role, but also deprive plaintiffs of a fair assessment of their claims by a neutral arbiter."
Mohamed was detained in 2002 in Pakistan, where he was questioned incommunicado by an MI5 officer. The US flew him to Morocco, where he was subjected to more prolonged and brutal torture, including the repeated slashing of his genitals with a razor blade. He was then rendered to Afghanistan and finally Guantánamo. He was released and returned to Britain in February last year.
Not only is torture still alive under Obama, but he has lied to us yet again as now torture victims from the Bush era will not get their day in court. Again we see the administration using the "state secrets" BS to shut down due process.
Americans: The government can rendition you to another country, torture you, and if they find out you were innocent, send you home, and you cannot legally do anything about it. You will not even be granted a court case. Both the democrats and the republicans support this injustice and fight to defend their right to deny you justice. Then, to spit in your face, when you turn on the nightly news, Obama will be there given a speech about how he doesn't support torture or using "state secrets" to stop court cases, and claim that he has stopped torture by the US.
When the government can disapear you in the night without a warrant or any evidence agains you, then torture you for years, our country is screwed. But when this happens and they then deny you your right to trial, the republic is lost. It does not matter that this guy was from the UK, it has happened to Americans too.
US court rejects Binyam Mohamed torture case
British resident cannot sue firm for allegedly flying terror suspects abroad for CIA because of 'national security concerns'
A US court has narrowly ruled that Binyam Mohamed, the British resident secretly rendered to Morocco by the CIA before being held in the Guantánamo Bay prison camp for four years, cannot sue over his alleged torture in overseas prisons because it would compromise national security.
Mohamed was the lead plaintiff in a case brought by the American Civil Liberties Union (ACLU) on behalf of five former prisoners who claim they were tortured after being transferred to other countries through the CIA's extraordinary rendition programme.
They are fighting for the right to sue Jeppesen Dataplan, a Boeing subsidiary accused of arranging flights for the CIA.
A US court ruled last year that the case could proceed, but the Obama administration appealed and yesterday the court of appeals for the ninth circuit dismissed the case – although the judges were divided by six to five on the decision.
Judge Raymond Fisher said the majority had "reluctantly" concluded that "legitimate national security concerns" meant the case should not be heard.
Although the alleged offences were committed under the Bush government, the decision is a victory for the Obama's administration's aggressive efforts to prevent anything it believes would jeopardise national security reaching the public domain. Earlier this year, after a British court ordered disclosure of a seven-paragraph summary of classified CIA information showing what British agents knew of Mohamed's torture, the White House said it was "deeply disappointed" by the ruling and it could have an impact on intelligence-sharing between the countries.
"Permitting the executive to police its own errors and determine the remedy dispensed would not only deprive the judiciary of its role, but also deprive plaintiffs of a fair assessment of their claims by a neutral arbiter."
Mohamed was detained in 2002 in Pakistan, where he was questioned incommunicado by an MI5 officer. The US flew him to Morocco, where he was subjected to more prolonged and brutal torture, including the repeated slashing of his genitals with a razor blade. He was then rendered to Afghanistan and finally Guantánamo. He was released and returned to Britain in February last year.
Not only is torture still alive under Obama, but he has lied to us yet again as now torture victims from the Bush era will not get their day in court. Again we see the administration using the "state secrets" BS to shut down due process.
Americans: The government can rendition you to another country, torture you, and if they find out you were innocent, send you home, and you cannot legally do anything about it. You will not even be granted a court case. Both the democrats and the republicans support this injustice and fight to defend their right to deny you justice. Then, to spit in your face, when you turn on the nightly news, Obama will be there given a speech about how he doesn't support torture or using "state secrets" to stop court cases, and claim that he has stopped torture by the US.
When the government can disapear you in the night without a warrant or any evidence agains you, then torture you for years, our country is screwed. But when this happens and they then deny you your right to trial, the republic is lost. It does not matter that this guy was from the UK, it has happened to Americans too.
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