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ESTE RETROCESSO CIVILIZACIONAL É DESASTROSO PARA O OCIDENTE E PARA O CONCEITO ESTADO DE DIREITO.
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« US supreme court refuses to hear German man's rendition case
Staff and agencies
Tuesday October 9, 2007
Guardian Unlimited
A German man who claims he was abducted and tortured by the CIA was today told by the US supreme court it would not hear his case.
The decision effectively endorses White House arguments that allowing Khaled el-Masri to proceed with his case would compromise state secrets.
The Lebanese-born German was traveling to Macedonia on New Year's Eve 2003 when border guards mistakenly identified him as an associate of the September 11 hijackers, Khalid al Masri. He was handed over to CIA agents who stripped, beat, shackled, diapered, drugged and chained him to the floor of a plane for a flight to Afghanistan, where he was held for five months.
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The US government has neither confirmed nor denied Mr el-Masri's account. But the German chancellor, Angela Merkel, has said that US officials acknowledged his detention was a mistake.
In a 2005 interview with the Guardian he told how the prison, though technically Afghan, was run from behind the scenes by the US. On release he was flown back to Europe and dumped in an unknown country which turned out to be Albania.
His lawsuit sought damages of at least $75,000 (£37,500) for kidnapping.
The case had been seen as a test of the Bush administration's legal strategy to stop it - and several other national security-related lawsuits - by invoking the doctrine of state secrets.
The supreme court justices rejected his appeal without comment.
Another lawsuit over the administration's warrantless wiretapping program, also dismissed in the lower courts on state secrets grounds, still is pending before the supreme court.
"We are very disappointed," Manfred Gnijdic, Mr el Masri's attorney in Germany, told the Associated Press in a telephone interview from his office in Ulm. "It will shatter all trust in the American justice system."
A coalition of groups favoring greater openness in the US government said the Bush administration has used the state secrets privilege much more often than its predecessors. At the height of the cold war, US presidents used the state secrets privilege six times from 1953 to 1976, according to OpenTheGovernment.org.
Since 2001, it has been used 39 times, enabling the government to unilaterally withhold documents from the court system, the group said.
Mr el-Masri's case centers on the CIA's extraordinary rendition programme, in which terrorism suspects are captured and taken to foreign countries for interrogation.
German prosecutors have issued arrest warrants for 13 suspected CIA agents who allegedly took part in the operation against him. »
(In «The Guardian»)
ESTE RETROCESSO CIVILIZACIONAL É DESASTROSO PARA O OCIDENTE E PARA O CONCEITO ESTADO DE DIREITO.
________________________________________
« US supreme court refuses to hear German man's rendition case
Staff and agencies
Tuesday October 9, 2007
Guardian Unlimited
A German man who claims he was abducted and tortured by the CIA was today told by the US supreme court it would not hear his case.
The decision effectively endorses White House arguments that allowing Khaled el-Masri to proceed with his case would compromise state secrets.
The Lebanese-born German was traveling to Macedonia on New Year's Eve 2003 when border guards mistakenly identified him as an associate of the September 11 hijackers, Khalid al Masri. He was handed over to CIA agents who stripped, beat, shackled, diapered, drugged and chained him to the floor of a plane for a flight to Afghanistan, where he was held for five months.
Article continues
________________________________________
________________________________________
The US government has neither confirmed nor denied Mr el-Masri's account. But the German chancellor, Angela Merkel, has said that US officials acknowledged his detention was a mistake.
In a 2005 interview with the Guardian he told how the prison, though technically Afghan, was run from behind the scenes by the US. On release he was flown back to Europe and dumped in an unknown country which turned out to be Albania.
His lawsuit sought damages of at least $75,000 (£37,500) for kidnapping.
The case had been seen as a test of the Bush administration's legal strategy to stop it - and several other national security-related lawsuits - by invoking the doctrine of state secrets.
The supreme court justices rejected his appeal without comment.
Another lawsuit over the administration's warrantless wiretapping program, also dismissed in the lower courts on state secrets grounds, still is pending before the supreme court.
"We are very disappointed," Manfred Gnijdic, Mr el Masri's attorney in Germany, told the Associated Press in a telephone interview from his office in Ulm. "It will shatter all trust in the American justice system."
A coalition of groups favoring greater openness in the US government said the Bush administration has used the state secrets privilege much more often than its predecessors. At the height of the cold war, US presidents used the state secrets privilege six times from 1953 to 1976, according to OpenTheGovernment.org.
Since 2001, it has been used 39 times, enabling the government to unilaterally withhold documents from the court system, the group said.
Mr el-Masri's case centers on the CIA's extraordinary rendition programme, in which terrorism suspects are captured and taken to foreign countries for interrogation.
German prosecutors have issued arrest warrants for 13 suspected CIA agents who allegedly took part in the operation against him. »
(In «The Guardian»)
publicada por José às
10:28 da tarde
