Human Rights First - Home Page US Law & Security US Law & Security


The Case Against Rumsfeld
Issue Information
-
-
  -
-
-
-
-

Take Action
Support Us
Program Information
-
-
-
-
-
- USL&S Staff




The Case Against Secretary Rumsfeld
Defense Secretary RumsfeldOn March 1, 2005, Human Rights First, together with the American Civil Liberties Union, retired military leaders, and the law firm of Lieff Cabraser Heimann and Bernstein, LLP., filed a lawsuit against U.S. Defense Secretary Donald Rumsfeld on behalf of Iraqi and Afghan civilians who were tortured and abused while in U.S. custody.
UPDATES
Judge Dismissed Torture Case Against Rumsfeld
img

On March 27, 2006, Judge Thomas Hogan dismissed a case brought by nine Iraqi and Afghan former detainees for the torture they suffered in U.S. military custody against former Defense Secretary Donald H. Rumsfeld.

Press Release

District Court Decision Granting Motion to Dismiss (PDF 4MB)

img
03/28/07
Court to Hear Arguments in Case Against Rumsfeld
img
Human Rights First and the American Civil Liberties Union will appear in the federal district court in Washington, DC on Friday, December 8, 2006, at 10 a.m., to argue that Secretary of Defense Donald Rumsfeld is responsible for the torture and abuse in U.S. military custody of nine Iraqi and Afghan former prisoners.

Press Release
img
12/08/06
Human Rights First and ACLU file supplemental brief on Military Commissions Act
img
In response to Secretary Rumsfeld’s claim that Section 5 of the Military Commissions Act of 2006 barred their claims under the Geneva Conventions, Human Rights First and the ACLU argued in a court filing on November 28, 2006, that the section did not apply to their case and is unconstitutional.

12/05/06
Secretary Rumsfeld Continues to Argue Against Responsibility for Torture and Abuse
img
On July 21, 2006, Secretary Rumsfeld reasserted his argument that he is immune from responsibility for acts of torture and abuse committed under his watch. More»
img
07/24/06
Secretary Rumsfeld Attempts to Shirk Responsibility for U.S. Torture Policies
img
On May 25, 2006, Human Rights First and the American Civil Liberties Union announced their response to arguments by Secretary of Defense Donald Rumsfeld and three other defendants that they are immune from a lawsuit holding them accountable for policies of torture and abuse committed under their watch against civilians detained by the U.S. military in Iraq and Afghanistan.  Retired military officers and military legal experts filed an amicus brief in support, arguing that contrary to the position of Secretary Rumsfeld, allowing the federal case to proceed would not be an intrusion into matters of national security and military decision-making. More»

05/25/06
Secretary Rumsfeld’s Court Filing Argues Immunity for Responsibility from Torture and Abuse
img
On March 6, 2006, Secretary of Defense Donald Rumsfeld filed a motion to dismiss in the case brought by the ACLU and Human Rights First on behalf of victims of torture in U.S. custody. More»
img
03/06/06
Human Rights First and ACLU File Amended Complaint in Suit Against Defense Secretary Rumsfeld Over U.S. Torture Policies
On January 5, 2006, Human Rights First and the ACLU filed a consolidated amended complaint in the civil lawsuit charging Secretary of Defense Donald Rumsfeld with legal responsibility for the torture and abuse of detainees in U.S. military custody in Afghanistan and Iraq. The lawsuit was filed on behalf of nine men, five Iraqis and four Afghans, who were tortured and abused at the hands of U.S. forces under Secretary Rumsfeld's command. More»

(Updated 01/05/06)

Defending American Values in Court – Torture Victims Visit United States Seeking Accountability and Justice

In November 2005, Human Rights First and the American Civil Liberties Union welcomed to the United States two of their clients who have brought a civil action against Secretary Donald Rumsfeld and other senior members of the military seeking accountability for the torture and abuse they and other detainees suffered in U.S. detention facilities overseas. Their suit seeks, among other things, a federal court order declaring unlawful U.S. policies and practices permitting torture and other forms of abuse. Read the original press release on the lawsuit
ARABIC VERSION (PDF 157KB)
Video of Press Conference
(03/01/05)
Listen to a Discussion of the Case
Against Rumsfeld

Our Statements

Michael Posner “This lawsuit presents the opportunity to make clear that the United States is still committed to the rule of law, and that every American, no matter how high-ranking, is bound to comply with those rules.”

– Michael Posner

Read Statement of Michael Posner,
HRF Executive Director, on the lawsuit




Rear Admiral John Hutson (Ret. USN) “In dealing with detainees, the attitude at the top was that they are all just terrorists, beneath contempt and outside the law so they could be treated inhumanely. Our effort to gain information vitiated 200 years of history. International obligations didn’t matter, nor did morality or humanity. That attitude dropped like a rock down the chain of command, and we had Abu Ghraib and its progeny.”

– Rear Admiral John Hutson (Ret. USN),
of counsel to Human Rights First


Read Retired Rear Admiral John Hutson’s statement



Brig. Gen. James Cullen (Ret. USA) “Mr. Rumsfeld has made clear that he does not intend to accept responsibility for the patterns of misconduct emerging in the wake of his policy decisions. We feel the honor of our military is at stake. We owe it to those who still wear the uniform and continue to serve their country honorably to bring this suit. Mr. Rumsfeld's policies have stained our military's record for adherence to the rule of law and observance of human rights. We want to remove that stain.”

– Brig. Gen. James Cullen (Ret. USA),
of counsel to Human Rights First


Read Retired Brig. Gen. James Cullen’s statement


The Case

The legal basis for the case (PDF 39KB)
Read the amended complaint (PDF 349KB)

District Court Decision Granting Motion to Dismiss (PDF 4MB)

Legal Briefs and Order Concerning the Assignment of the Case to the District of Columbia Federal District Court

Memo in Support of Motion for Transfer (PDF 672KB)
Response in Opposition to Plaintiffs’ Motion for Transfer (PDF 273KB)
Brief in Opposition to Plaintiffs’ Motion for Transfer (PDF 841KB)
Reply in Support of Motion for Transfer (PDF 2.3MB)
Transfer Order (PDF 211KB)



TimelineTimeline
This timeline outlines actions Secretary Rumsfeld took that led to abuse and the points at which he was informed of the consequences of his actions. More»



The Clients
Contact an Attorney: If you or your family member was subjected to abuse in Iraq or Afghanistan click here to contact an attorney.

MichaeL Posner's Statement
(03/01/05)

Rear Admiral John Hutson's Statement
(03/01/05)

Brig. Gen. James Cullen's Statement
(03/01/05)

The Lawsuit
(PDF 349KB)

Legal Basis for the Case
(PDF 39KB)

Timeline (PDF 140KB)
text version (PDF 127KB)

Arkan Mohammed Ali
Thahe Mohammed Sabar
Mehboob Ahmad
Sherzad Kamal Khalid
Said Nabi Siddiqi
Mohammed Karim Shirullah
Haji Abdul Rahman
Ali H.
Najeeb Abbas Ahmed

Lawsuit Updates

Sign up to receive periodic email updates on the lawsuit against Secretary Rumsfeld.

U.S. Law & Security | Torture | Asylum in the U.S. | Human Rights Defenders | Human Rights Issues | International Justice | International Refugee Policy | Workers Rights | Media Room | About Us | Contribute | Jobs | Contact Us | Publications | Search | Site Map | Home 

Privacy Policy