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ACLU in Appeals Court to Hold Officials Accountable For Torture of Jose Padilla

ACLU | October 26, 2011

RICHMOND, Va. – The American Civil Liberties Union argued in a federal appeals court today for the reinstatement of a lawsuit against former Defense Secretary Donald Rumsfeld and other government officials for their role in the unlawful detention and torture of U.S. citizen Jose Padilla.

“The defendants in this case seized Jose Padilla from a civilian jail and hid him away in a military brig precisely to keep the courts from interfering with the terrible things they were doing to him. By granting the defendants legal immunity for their cruel acts, the district court vindicated their deliberate efforts to circumvent the Constitution,” said Ben Wizner, litigation director of the ACLU National Security Project. “If the law does not protect Jose Padilla – an American citizen arrested on American soil and tortured in an American prison – it protects no one.”

The U.S. District Court for the District of South Carolina ruled in February that the defendants were entitled to “qualified immunity” for their roles in the detention and abuse of Padilla because no “clearly established” law prohibited the torture of an American citizen designated an “enemy combatant” by the executive branch. The ACLU asked the U.S. Court of Appeals for the Fourth Circuit to reinstate the case.

Padilla was taken from a U.S. jail in 2002 by military agents, declared an “enemy combatant” and secretly transported to a military brig in South Carolina. He was imprisoned without charge for nearly four years, subjected to extreme abuse and was unable to communicate with his lawyers or family for two years. The illegal treatment included forcing Padilla into stress positions for hours on end, punching him, depriving him of sleep and threatening him with further torture and death.

Attorneys on the case are Wizner and Alex Abdo of the ACLU; Jonathan Frieman, Hope Metcalf and Tahlia Townsend of the Allard K. Lowenstein International Human Rights Clinic at Yale Law School; and Michael O’Connell of the law firm Stirling & O’Connell.

More information about the case is available online at:
www.aclu.org/national-security/padilla-v-rumsfeld

October 27, 2011 - Posted by | Civil Liberties, Subjugation - Torture

3 Comments

  1. That Padilla is a career gangbanger from Chicago. You don’t want to report that so it is up to me.

    Comment by John Liozeris | October 28, 2011

    • And your point being?

      Comment by aletho | October 28, 2011

      • his point being he’s a right wing dork who thinks torture is cool, has no brain of his own, and “it’s only WRONG if the government ISN’T the one doing it to you” buyer. most likely a republican but more dinocrats also think this fucked way too. I don’t care, John Liozeris if Jose Padilla was a fucking Catholic Priest in the Chicago Archdiocese, he still is a human being and he is an American and last time I checked “that GODDAMNED PIECE OF PAPER” your asshole fuhrer, George W. Bush more or less destroyed, and this new CIA asshole is in fact, destroying, STILL IS THE LAW OF THE LAND.

        so which is it? How about we show up at your house and torture your stupid republican ass for several hours? after all, you could be a republican bible thumper, which in layperson’s terms, is every bit as bad as any gang banger, if not moreso.

        don”t pull this “he was a gangbanger” shit on us. it’s still amoral and wrong, and in fact, in a real world with real rule of law, the sons and daughters of bitch’s in this nation who did this shit would have been locked away and had the key thrown away for their destruction of the Constitution. So, now are you proud of yourself? I so hope someone identity thefts your stupid ass and you end up on a terrorist watch list and get accidentally renditioned to Syria or to Poland to have your ass wired for 220 volts A.C. / 50 hertz. You’ll just love that, after all, you justified it for someone else.

        Padilla was violated by monsters. and those monsters should someday be tried and hanged for TREASON.

        Comment by it doesn't matter what Padilla was, he was and still is a human being. and an American, at that! | October 29, 2011


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