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Issue #142— April 12 , 2007
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.
U.S. LAW & SECURITY NEWS
DATEBOOK

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FACING SEVERE CONDITIONS IN NEW COMPLEX, GUANTANAMO DETAINEES TURN TO HUNGER STRIKE
Over a dozen detainees at Guantanamo Bay are on a hunger strike to protest detention conditions at the new maximum security complex. Detainees in the new facility, known as Camp 6, are generally held in 8-by-10-foot cells for at least 22 hours per day. They are permitted out for brief periods of time to exercise and shower. In addition, prisoners' ability to communicate with others is severely limited. About 160 prisoners have been transferred to the complex so far this year. Authorities are force-feeding the hunger strikers through tubes inserted into their noses, a spokesman at the prison said. Detainees at the prison, many of whom have been held for more than five years without charges, have turned to hunger strikes in recent years to protest their confinement. In 2005 the number of hunger strikers reached 130, officials estimated. Deputy Director of Human Rights First's Law and Security Program Hina Shamsi expressed concerns over the hunger strike and called on Congress to implement a detention and trial system that complies with the rule of law and American values. Read more.
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JUDGE SAYS TRIAL WILL GO AHEAD, DESPITE ALLEGATIONS OF ABUSE
A federal court will proceed with the trial against suspected al Qaeda operative Jose Padilla, the court ruled Monday, rejecting claims made by Padilla's attorneys that the case should be dismissed for "outrageous government conduct." Padilla, an American citizen, alleged that during his three and a half years of detention in a Navy brig in South Carolina, he was forced to maintain painful stress positions, subjected to sleep deprivation and extreme temperatures, and forcibly given hallucinogenic drugs. In the order, Judge Marcia Cooke of the U.S. District Court for the Southern District of Florida said the ruling was not a judgment on Padilla's claims of torture and cautioned that Padilla's treatment in the brig could become an issue if prosecutors presented evidence from his interrogations. Padilla is charged with conspiracy and providing material support for terrorism operations. Human Rights First filed multiple "friend of the court" briefs in support of Padilla, arguing the president does not have the authority to detain indefinitely a U.S. citizen captured on American soil. Padilla is scheduled to stand trial alongside two co-defendants on Monday. Read more.
INSURGENTS RECRUITING FOLLOWERS INSIDE CROWDED U.S. RUN PRISONS IN IRAQ
U.S.-run detention facilities in Iraq have become centers for terrorist recruitment, as the number of detainees held by the United States swells to 18,000. Sweeping detention operations and long periods of imprisonment are contributing to unrest and extremism among the inmates. U.S. military officials assert they have established counterinsurgency and educational programs in the prisons, but some inmates have counteracted such programs by enforcing their own rules and preaching messages of violence. Meanwhile, Army Gen. David Petraeus is reportedly planning for the possibility of holding up to 40,000 detainees in Iraq. Read more.
INTELLIGENCE DIRECTOR SEEKS TO EXPAND SURVEILLANCE POWERS
National Intelligence Director Mike McConnell is seeking to expand the government's powers to collect information on American citizens and residents, through surveillance techniques such as using hidden cameras, searching luggage, and covertly copying personal computer hard drives. Under a draft bill, the National Security Agency would be free to monitor communications of Americans without obtaining warrants from Foreign Intelligence Surveillance Act (FISA) courts, which are designed to fast-track secret warrants for national security purposes. The news comes as Congress is raising concerns about the administration's use of improper procedures to obtain secret surveillance warrants. Read more.
COURT RULES IT HAS NO POWER TO REVIEW CASE OF AMERICAN CONVICTED IN IRAQ
Last week, the U.S. Court of Appeals for the District of Columbia Circuit held that U.S. courts have no authority to hear the case of an American citizen sentenced to death for kidnapping by an Iraqi criminal court. Mohammad Munaf had challenged his detention in Iraqi custody, asserting in part that his trial was flawed and his confession coerced. U.S. officials believe Munaf was involved in a kidnapping and ransom conspiracy in Iraq. Munaf was taken into U.S. custody after his arrest and later transferred to Iraqi authorities, who prosecuted him in Iraq's Central Criminal Court. Attorneys for Munaf said they will appeal his case to the Supreme Court. Read more.
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APRIL 16: PADILLA TRIAL TO BEGIN
The criminal trial of Jose Padilla, an American citizen, will begin April 16. Padilla was designated as an enemy combatant and held for more than three years in a military brig without due process before being criminally charged in U.S. federal court. The hearing will be held at the District Court for the Southern District of Florida. Read more.
APRIL 17: ATTORNEY GENERAL GONZALES TO TESTIFY
The Senate Judiciary Committee will hold a hearing on "Department of Justice Oversight," which will include testimony from Attorney General Alberto Gonzales. The hearing will be held at 10 a.m. in Room 106 of the Dirksen Senate Office Building, Capitol Hill. More information.
APRIL 18: PANEL DISCUSSION ON TORTURE
The Rutgers Global Initiative will host a panel discussion on "Torture and the Body." Speakers will discuss subjects including the Military Commissions Act of 2006, litigation under the Alien Tort Statute, and the psychological consequences of torture. The panel will be held at 7 p.m. at the Rutgers Student Center, Multi-Purpose Room, New Brunswick Campus, 126 College Ave, New Brunswick, New Jersey. More information.
APRIL 20: CRIMES AND COUNTERTERRORISM
Lewis & Clark Law School will hold a symposium on "Crimes, War Crimes, and the War on Terror." Legal experts will discuss issues including domestic law, national security, war crimes, and military commissions. The symposium will take place in Room 7 of Wood Hall, at Lewis & Clark Law School in Portland, Oregon. More information.
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