SMRs and AMRs

Friday, August 24, 2007

Padilla sues US officials over confinement

Despite his conviction on terror conspiracy charges, his lawyers say he suffered 'psychological abuse' during military detention.
By Warren Richey
The Christian Science Monitor

Convicted Al Qaeda operative Jose Padilla is seeking to hold former Defense Secretary Donald Rumsfeld and 59 other US officials responsible for what his lawyers say were abusive and unconstitutional tactics used against Mr. Padilla while he was held in military custody as an enemy combatant from 2002 to 2006.

Lawyers working on Padilla's behalf filed the civil lawsuit earlier this year in federal court in South Carolina. It was publicly disclosed by the lawyers this week.

"Mr. Padilla suffered gross physical and psychological abuse at the hands of federal officials as part of a scheme of abusive interrogation intended to break down Mr. Padilla's humanity and his will to live," the 30-page complaint says.

"The grave violations suffered by Padilla were not isolated occurrences by rogue lower-level officials," the suit says. Besides Mr. Rumsfeld, it names Defense Secretary Robert Gates, former Attorney General John Ashcroft, former Deputy Secretary of Defense Paul Wolfowitz, and former Defense Intelligence Agency Director Lowell Jacoby, among others, who "personally ordered and/or approved Mr. Padilla's detention and interrogation program."

....

Padilla's lawyers are asking US District Judge Henry Floyd to declare Padilla's treatment in the brig unlawful and in violation of the Constitution. They are also asking the judge to award damages of $1 against each of the potential 60 defendants.

Although Padilla's lawyers are not asking for millions of dollars in damages, the case raises landmark constitutional issues dealing with the scope of the president's power as commander in chief to sweep aside many of the constitutional rights of citizens whom he determines are enemy combatants. The suit is also significant because it is the only means available of subjecting Padilla's military detention to the independent scrutiny of the federal judiciary.

"This is the American people's last chance to know what happened behind the closed doors in Charleston, and the last chance for a court to determine if what happened is consistent with our Constitution and values," says Jonathan Freiman, one of Padilla's lawyers who also works with the National Litigation Project at Yale Law School.

(Continued here.)

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