Suit alleging torture in Iraq can proceed
A lawsuit alleging that former Secretary of Defense Donald Rumsfeld authorized harsh treatment methods that led to the abuse of Chicago man in a U.S. military compound in Iraq cleared a critical hurdle Friday as a federal judge in Chicago shot down a government motion to have it thrown out.
"This is the first time where a court has recognized that the facts were sufficient to potentially hold a secretary of defense personally liable for authorizing torture," said Mike Kanovitz, a Chicago attorney who represents the plaintiffs.
Donald Vance, a security consultant for a private Iraqi firm at the time, alleged in the 2006 lawsuit that his constitutional rights were violated when he was subjected to interrogation techniques "tantamount to torture" while being held in solitary confinement by U.S. military for more than three months.
Vance and fellow plaintiff Nathan Ertel, who is also a U.S. citizen, alleged that they were shackled, blindfolded and taken to jail cells in Camp Cropper and subjected to violence, sleep deprivation and extremes in light and sound.
Lawyers for the two held that Rumsfeld should be held accountable because he was aware of the impact of his approved treatment methods, including allegedly giving an order to "Gitmo-ize" Camp Cropper, or make it have interrogation practices similar to those used at Guantanamo Bay.
In his decision, U.S. District Judge Wayne Andersen found that Vance and Ertel had provided sufficient evidence that if the allegations were ultimately found true, "a court might plausibly determine that the conditions of confinement were torturous."
Chicago Tribune
"This is the first time where a court has recognized that the facts were sufficient to potentially hold a secretary of defense personally liable for authorizing torture," said Mike Kanovitz, a Chicago attorney who represents the plaintiffs.
Donald Vance, a security consultant for a private Iraqi firm at the time, alleged in the 2006 lawsuit that his constitutional rights were violated when he was subjected to interrogation techniques "tantamount to torture" while being held in solitary confinement by U.S. military for more than three months.
Vance and fellow plaintiff Nathan Ertel, who is also a U.S. citizen, alleged that they were shackled, blindfolded and taken to jail cells in Camp Cropper and subjected to violence, sleep deprivation and extremes in light and sound.
Lawyers for the two held that Rumsfeld should be held accountable because he was aware of the impact of his approved treatment methods, including allegedly giving an order to "Gitmo-ize" Camp Cropper, or make it have interrogation practices similar to those used at Guantanamo Bay.
In his decision, U.S. District Judge Wayne Andersen found that Vance and Ertel had provided sufficient evidence that if the allegations were ultimately found true, "a court might plausibly determine that the conditions of confinement were torturous."
Chicago Tribune
1 Comments:
Going after your enemy as the 'torturers' is the way the REAL torturers come to power---ALWAYS! You don't think Pelosi has fantasies of torturing Rush Limabaugh and would do it in a microsecond if she thought she had the power? She probably has a black leather harness outfit with accessories in her nightstand. But then again, Rush might be into that if the truth be known. They could probably come to some consensus, at least.
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