Alleges "Prisoners were subjected
to severe and repeated beatings, were cut with knives, faced sexual
humiliation and assault, were confined in a wooden, coffin-like box,
deprived of sleep, subjected to mock executions, threatened with death,
and restrained in "contorted and excruciating positions."
Seeking to link the U.S. military
command to the abuse of prisoners in Iraq and Afghanistan, the American
Civil Liberties Union and a human rights organization sued Defense
Secretary Donald H. Rumsfeld and three Army commanders Tuesday on
behalf of former detainees, charging that the military authorized
illegal interrogation techniques. The federal lawsuit charges that
Rumsfeld ordered the "abandonment of our nation's inviolable and
deep-rooted prohibition against torture or other cruel, inhuman or
degrading treatment" of prisoners. The legal action stems from some of
the well-documented instances of prisoner mistreatment in the Abu
Ghraib prison outside of Baghdad, Iraq. However, it also includes
less-known examples of abuse at other sites in Iraq and in Afghanistan.
The lawsuit was filed in on behalf of four Iraqis and four Afghanis by
the ACLU and the group Human Rights First. The civil liberties groups
face considerable obstacles to success under the Alien Tort Claims Act
-- among them establishing that Rumsfeld and the others are not
protected by official immunity and that the former prisoners have
grounds to sue in U.S. courts. "The lawsuit is not frivolous. But it is
unlikely to prove successful in the long run," said Jonathan Turley, an
expert on international law at the George Washington University law
school. "The Supreme Court has been extremely hostile toward the
application of U.S. laws outside of our borders." Nevertheless, if the
federal courts allow it to proceed, the suit could bring further
attention to the abuse of prisoners at the hands of U.S. soldiers and
force the Pentagon to disclose additional details from its own
investigations of the abuse. [more] and [more]
Former Military Lawyers Join ACLU in Lawsuit Against Rumsfeld [more]