Human Rights First's U.S. Law and Security Digest is a weekly report to help keep you up to date about developments in U.S. national security law and policy that have an impact on civil liberties and human rights.

ARMY FAILS TO PROSECUTE SOLDIERS FOR TORTURE, DEATH OF DETAINEES
The Army declined Friday to act on the recommendation of military investigators to charge two Special Forces soldiers for assault in connection with the deaths of two Afghan detainees. Instead, the soldiers were cleared of any wrongdoing related to the deaths, but given administrative reprimands for failing to report them. Administrative reprimands typically prevent soldiers from advancing within the military but allow them to avoid criminal charges. The cases stem from the deaths of 18-year-old Afghan army recruit Jamal Naseer, who was allegedly tortured during interrogations at a base in Gardez, Afghanistan, and Wakil Mohammed, an unarmed woodcutter who was shot in the face during a search operation. Hina Shamsi, deputy director of Human Rights First's Law and Security Program, called the military's failure to pursue the criminal charges disappointing in light of the military's own finding of probable criminal responsibility in the deaths. In an inquiry concluded last month, military investigators found probable cause to believe that two soldiers assaulted detainees in 2003. As Human Rights First documented last year in a report on detainee deaths in custody, Special Forces and the CIA have remained essentially immune from accountability for abuses. Read more.

GERMAN COURT ISSUES WARRANTS FOR 13 CIA OPERATIVES
A German court is seeking the arrest of 13 suspected CIA agents thought to be involved in the kidnapping and alleged torture of German citizen Khaled el-Masri, prosecutors said Wednesday. The suspects are wanted on suspicion of abducting el-Masri, falsely imprisoning him, and causing him grievous bodily harm. El-Masri was arrested in Macedonia in 2003 and flown to Afghanistan, where he was held for five months before his release. Although he was never charged with a crime, el-Masri claims he was shackled, beaten, and injected with drugs while in custody. U.S. intelligence officials have said el-Masri's imprisonment may have been a mix-up involving someone of the same name. The news comes as a court in Milan, Italy is deliberating over whether to indict 25 alleged CIA operatives and several Italians in connection with the kidnapping and alleged torture of an Egyptian cleric from the streets of Milan. The White House and Justice Department have asserted that the CIA operations, known as extraordinary renditions, are legal and insist that suspects have not been tortured. Read more.

CANADA OFFERS AMENDS IN CASE OF EXTRAORDINARY RENDITION
The Canadian government apologized to Canadian engineer Maher Arar and awarded him $8.9 million Friday as compensation for his wrongful deportation to Syria and the subsequent torture he suffered as a result of flawed intelligence. Arar, a Canadian software engineer, was detained by U.S. immigration officials at John F. Kennedy Airport in New York in September 2002 and rendered to Syria, where he was subjected to regular beatings and held for more than a year, most of the time in a small, tomb-like cell. The decision to compensate Arar came after a Canadian judicial inquiry last year cleared Arar of any wrongdoing and recommended the government look into his claims for compensation. Royal Canadian Mounted Police investigators had provided U.S. authorities with flawed evidence regarding Arar's alleged terrorist ties, which led to his arrest, according to the investigation. The U.S. government has not acknowledged any mistakes in Arar's case despite calls from Congress for an explanation. Read more.

FIRST INSURGENT IN IRAQ TO BE TRIED IN U.S. FEDERAL COURT
An Iraqi-born Dutch citizen pleaded not guilty in federal court Monday to conspiracy and belonging to a terrorist organization, in the first criminal prosecution for terrorism in Iraq. Wesam al-Delaema, who was extradited from the Netherlands on Saturday, is accused of appearing in a videotape planting explosives along a road in Iraq to target U.S. troops. Delaema has said he was kidnapped and forced to participate in the videotaping. The U.S. government will prosecute Delaema in a federal court rather than a military commission as part of an extradition agreement with the Netherlands. Delaema may serve his sentence in a Dutch prison if convicted. Dutch courts will also be allowed to review and may modify any prison sentence given to Delaema. Read more.

SOME LAWMAKERS TO BE BRIEFED ON DOMESTIC SURVEILLANCE PROGRAM
The Justice Department agreed to turn over details on the government's domestic spying program to select members of Congress Wednesday, acceding to the demands of senators who said they wanted to ensure the new rules protect privacy rights. The Bush administration announced last month it would obtain wiretapping warrants from the secret court that administers the Foreign Intelligence Surveillance Act (FISA), but previously provided no further details to lawmakers. Under the agreement, leaders of the House and Senate, members on the intelligence panels, and the heads of the judiciary committees will have access to details on the program's parameters. Key members of the House Intelligence Committee have said the program, which allows the government to monitor conversations between people in the United States and people abroad without a warrant, raises questions about privacy and effectiveness. Justice Department officials have defended the program as legal and argue that the government announcement last month agreeing to obtain warrants through the FISA court rendered legal challenges to the program moot. Read more.

FEBRUARY 1: AL-MARRI ORAL ARGUMENTS
The U.S. Court of Appeals for the Fourth Circuit holds arguments on the appeal of Ali al-Marri. Al-Marri, who has been held for years as an "enemy combatant" without access to courts, is appealing a denial of his petition for a writ of habeas corpus.

FEBRUARY 8: PANEL ON HUMAN RIGHTS AND NATIONAL SECURITY
Fredrikson & Byron, P.A. and Minnesota Advocates for Human Rights will hold the first lecture in a series on human rights in the 21st century. Gabor Rona, international legal director at Human Rights First, will speak on human rights and national security. The discussion will take place from 12 to 1 p.m. at Fredrikson & Byron, P.A., U.S. Bank Plaza, 200 South Sixth Street, Suite 4000, Minneapolis, Minnesota. More information.

FEBRUARY 8: DISCUSSION ON COUNTER-INSURGENCY IN AFGHANISTAN
The Asia Society will hold a conversation with Lt. General Karl W. Eikenberry, the commanding general of Combined Forces Command in Afghanistan, to discuss "Thoughts on Counter-Insurgency and Nation Building" in Afghanistan. The event will be held from 12 to 2 p.m. at the Asia Society and Museum, 725 Park Ave., New York City. More information.

FEBRUARY 9-10: SYMPOSIUM ON INTELLIGENCE GATHERING AND THE LAW
The Michigan Journal of International Law will host a symposium on "State Intelligence Gathering and International Law." Washington Director of Human Rights First Elisa Massimino will speak February 10 at 2 p.m. on a panel addressing "Intelligence Gathering and Human Rights." The event will be held in 250 Hutchins Hall at the University of Michigan Law School, Ann Arbor, Michigan. More information.

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