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.

CIA TOP LAWYER NOMINEE'S ANSWERS RAISE MORE QUESTIONS

The Senate Select Committee on Intelligence held a confirmation hearing Tuesday to consider the nomination of John Rizzo to be general counsel of the CIA amid concerns regarding his involvement in the formation of abusive interrogation and detention policies. President George W. Bush first nominated Rizzo in March 2006 but a hearing had been delayed by disputes over the committee's access to information regarding the CIA's detention and interrogation program. During Tuesday's open session of the hearing Rizzo stated that he had not objected to portions of a Justice Department memo that determined acts did not constitute torture unless they caused pain equivalent to that associated with organ failure or death. Rizzo also declined to say during the open session whether or not the United States has rendered people to countries that use torture. Human Rights First, together with Human Rights Watch and Open Society Policy Center, raised its concerns with the committee in a letter last month regarding Mr. Rizzo's oversight of, and failure to object to, abusive policies. Read more.

RELEASED GUANTANAMO DETAINEE MAY FACE TORTURE IN NATIVE COUNTRY
The Pentagon announced Tuesday the transfer of six prisoners from Guantanamo to their home countries, where at least one detainee may now face abuse. Four men returned to Yemen and two others traveled back to Tunisia. Lawyers and human rights activists are particularly concerned about the safety of Tunisian Abdullah bin Omar, who fears being tortured for his involvement with Ennahdaha, a nonviolent Islamic political party. According to his lawyers, the Tunisian government convicted Omar in absentia and charged him with a 23-year prison sentence.  A Pentagon spokesman said the Tunisian government had provided "credible assurances" the detainees would be treated humanely despite the State Department's documentation of Tunisia's poor human rights record, including numerous accounts of torture and inadequate detention conditions. The State Department also has expressed concerns about the torture and abuse of prisoners in Yemeni jails. Also, on Thursday Human Rights First International Legal Director Gabor Rona testified before the Helsinki Commission, providing recommendations for bringing U.S. policies and practices back into the fold of international law. Read more.

FORMER DETAINEES' SUIT AGAINST ASHCROFT MAY CONTINUE
Last Thursday the U.S. Court of Appeals for the Second Circuit upheld a district court ruling allowing a lawsuit to go forward against former Attorney General John Ashcroft, FBI Director Robert Mueller and other government officials for their role in the detention and harsh treatment of two men who were arrested and detained as part of the round-up of hundreds of Arab Muslim men following the September 11 terrorist attacks. Javaid Iqbal, a Pakistani citizen, and Ehab Elmaghraby, an Egyptian citizen, were arrested soon after September 11 and charged with nonviolent, non-terrorist related crimes. Authorities allegedly held the two men without a hearing, placed them in solitary confinement and abused them during their detention in a maximum security facility. Mr. Iqbal and Mr. Elmaghraby were found guilty of fraud but were cleared of any participation in terrorist activities. In 2003 authorities deported both men. In upholding U.S. District Judge John Gleeson's 2005 ruling, the Second Circuit stated: "the exigent circumstances of the post-9/11 context do not diminish the Plaintiff's right not to be needlessly harassed and mistreated in the confines of a prison cell." The Court added that the right to be free from excessive force and the right not to be subjected to ethnic or religious discrimination were not altered by the terrorist attacks. Read more.

ABU GHRAIB INVESTIGATOR FORCED INTO EARLY RETIREMENT
The general who investigated the torture and cruel treatment at Abu Ghraib claims he was forced into early retirement as a result of his detailed and candid report that shed important light on the abusive detention and interrogation policies and practices at the U.S. prison in Iraq. Maj. Gen. Antonio M. Taguba recently revealed that senior military officers limited his investigation, giving him permission only to investigate low-ranking soldiers. Taguba claims that his research caused the Pentagon to shun him, and in 2006 forced him into early retirement. The administration's attitude toward Taguba disappointed him, as he explained: "To be accused of being overzealous and disloyal – that cuts deep into me. I was ostracized for doing what I was asked to do." Taguba remains suspicious of the role military intelligence officials played at Abu Ghraib and fears that high-level officials, including then-Defense Secretary Donald Rumsfeld, permitted the abuse of Iraqi prisoners and were informed of the atrocities prior to his investigation. Read more.

ITALIAN COURT SUSPENDS TRIAL OF CIA AGENTS
An Italian judge on Monday postponed the trial of 25 CIA agents accused of kidnapping imam Hassan Mustafa Osama Nasr and sending him to Egypt where he is alleged to have endured four years of torture. The case, should it continue, may reveal details about the CIA's "extraordinary rendition" program, as well as intelligence coordination between the U.S. and Italy. However, Judge Magi postponed Monday's proceedings over concerns regarding the prosecutors' breach of state secrecy laws and their use of classified information as evidence. The U.S. government has thus far refused to extradite the American defendants. The trial is scheduled to resume on October 24 after the Constitutional Court, Italy's highest court, rules on the legality of the prosecutors' evidence. Read more.

JUNE 26: DAY OF ACTION TO RESTORE LAW AND JUSTICE
On Monday Washington, D.C. will play host to a Day of Action to Restore Law and Justice, focusing on reinstatement of habeas corpus, amendment of the Military Commissions Act, and restoration of constitutional rights. The date is also UN International Day in Support of Victims of Torture. The ACLU, Amnesty International, the Leadership Council on Civil Rights, and the National Religious Campaign Against Torture, have planned a full day of awareness-raising activities. For additional information or to RSVP please visit https://secure.aclu.org/site/SPageServer?pagename=june_home. More information.

JUNE 28: UN INTERNATIONAL DAY IN SUPPORT OF VICTIMS OF TORTURE
The Center for Victims of Torture will hold a reception in honor of the UN International Day in Support of Victims of Torture. The Center will also present the Eclipse Award to Alberto J. Mora, retired General Counsel for the U.S. Navy, for his efforts to prevent torture. The reception will commence at 5:00 p.m. in S-115 Capitol, Washington, D.C. To RSVP please email cvt@cvt.org or call (877) 265-8775. 
More information.

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© 2006 Human Rights First