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arbitrary detention
Federal Judge Rules Trump Deportations Under Alien Enemies Act 'Unlawful'
Also Thursday, Human Rights Watch released a report calling on Congress to repeal the wartime authority, the statute invoked by the U.S. President Donald Trump in March to deport over 130 Venezuelan nationals.
May 01, 2025
A federal judge ruled on Thursday that U.S. President Donald Trump has illegally invoked the Alien Enemies Act and barred further deportations under the statute, a centuries-old wartime authority used to justify the deportation of over 130 Venezuelan nationals in March to a megaprison in El Salvador.
"The court concludes that the president's invocation of the AEA through the proclamation exceeds the scope of the statute and, as a result, is unlawful," according to U.S. District Judge Fernando Rodriguez, Jr., a Trump appointee.
The judicial rebuke comes the same day that the group Human Rights Watch issued a report making the case that the Alien Enemies Act (AEA) is "entirely incompatible" with modern international law that constrains the United States with respect to human rights, and therefore should be repealed.
The report from Human Rights Watch, titled United States: Repeal the Alien Enemies Act, A Human Rights Argument, explains that the AEA was codified in 1798 and gives the president authority to detain and expel noncitizens who are nationals of a foreign country considered hostile.
The president can draw on these powers when there is a "declared war" between the U.S. and a foreign power, or when an "invasion or predatory incursion is perpetrated, attempted, or threatened" against the U.S. by a foreign nation.
When invoking the AEA, Trump accused the Venezuelan gang Tren de Aragua (TdA) of "perpetrating, attempting, and threatening an invasion or predatory incursion" in the U.S., and said that the men targeted for deportation under the AEA have ties to TdA—though available reporting also casts doubt on this assertion.
The judge in his ruling on Thursday said that the government's evidence that TdA's presence in the U.S. constitutes an "invasion" or "predatory incursion" as characterized by the AEA fell short.
The American Civil Liberties Union cheered the court's decision. ACLU attorney Lee Gelernt said in a statement on Thursday: "The court ruled the president can't unilaterally declare an invasion of the United States and invoke a wartime authority during peacetime."
While the ruling is likely also welcome to Human Rights Watch, which has already spoken out against the administration's use of AEA, in their latest report the group argues that the law should be outright repealed.
"Congress has an important role in challenging the Trump administration's use of this outdated law to supercharge its mass deportation machine," said Akshaya Kumar, crisis advocacy director at Human Rights Watch and lead author of the report, in a statement on Thursday, prior to the release of Thursday's court ruling.
Since 2020, Sen. Mazie Hirono (D-Hawaii) and Rep. Ilhan Omar (D-Minn.) have repeatedly introduced the "Neighbors Not Enemies Act," which would repeal the Alien Enemies Act. The duo reintroduced it again on January 22, days after U.S. President Donald Trump returned to the White House. The report recommends immediate debate and consideration of the Neighbors Not Enemies Act of 2025. With Republican majorities in both chambers, passage of the Neighbors Not Enemies Act is highly unlikely.
The report argues that the United States is not engaged in any war or armed conflict that is relevant to the administration's current use of the AEA, and that the law "was drafted, and has always been applied and interpreted, in a manner that is adversarial to modern-day international human rights law frameworks and the laws of war."
The U.S. is a part of multiple human rights treaties that compel the government to ensure respect for rights like due process, and protection from removal from the U.S. to countries where a person would likely face persecution or torture, according to the report.
For example, in 1994 the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT) was ratified by the U.S. with the understanding the treaty "was not self-executing and required implementing legislation to be enforced by U.S. courts," according to a 2009 Congressional Research Service report.
The U.S. did enact statutes and regulations to prohibit the transfer of people to countries where they may be tortured, including the Foreign Affairs Reform and Restructuring Act of 1998.
According to Human Rights Watch, CAT prohibits "the U.S. from expelling, returning, or extraditing any person to a state where there are 'substantial grounds' for believing that he would be in danger of being subject to torture.'"
In Thursday's court ruling, the judge noted the petitioners had invoked this protection under CAT as one of their legal arguments, but the court concluded that it does "not possess jurisdiction to consider petitioners' challenges" to Trump's AEA executive order based on CAT.
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Amnesty Condemns Israel's 'Mass Incommunicado Detention and Torture' of Palestinians
The head of the human rights group said Israel's Unlawful Combatants Law is enabling "rampant torture" of Palestinian detainees and "institutionalizes enforced disappearance."
Jul 18, 2024
Israel is using its dubious Unlawful Combatants Law to arbitrarily detain Palestinians from the Gaza Strip—including women and children—indefinitely without charge and trial, according to an Amnesty International report published Thursday.
All 27 former detainees interviewed by the rights group described being tortured by Israeli forces.
Amnesty documented the cases of 21 men, five women, and one 14-year-old boy taken from Gaza and held in indefinite incommunicado detention in facilities including the notorious Sde Teiman camp in Israel's Negev Desert for periods of up to four-and-a-half months, without access to lawyers or contact with their families.
"All those interviewed by Amnesty International said that during their incommunicado detention, which in some cases amounted to enforced disappearance, Israeli military, intelligence, and police forces subjected them to torture and other cruel, inhuman, or degrading treatment," the report states.
"Israeli authorities are using the Unlawful Combatants Law to arbitrarily round up Palestinian civilians from Gaza and toss them into a virtual black hole."
Israel's Unlawful Combatants Law allows the Israel Defense Forces (IDF) to detain anyone from Gaza that they suspect of being engaged in the fight against Israel or posing a threat to its national security indefinitely without charge, trial, or evidence. Last December, the law was amended to allow the IDF to hold suspects for up to 96 hours without a detention order, up to 75 days without being brought before a judge, and up to three months without seeing a lawyer.
"While international humanitarian law allows for the detention of individuals on imperative security grounds in situations of occupation, there must be safeguards to prevent indefinite or arbitrary detention and torture and other ill-treatment," Amnesty International secretary general Agnès Callamard said in a statement. "This law blatantly fails to provide these safeguards. It enables rampant torture and, in some circumstances, institutionalizes enforced disappearance."
"Our documentation illustrates how the Israeli authorities are using the Unlawful Combatants Law to arbitrarily round up Palestinian civilians from Gaza and toss them into a virtual black hole for prolonged periods without producing any evidence that they pose a security threat and without minimum due process," Callamard added. "Israeli authorities must immediately repeal this law and release those arbitrarily detained under it."
According to the report, "those detained included doctors taken into custody at hospitals for refusing to abandon their patients; mothers separated from their infants while trying to cross the so-called 'safe corridor' from northern Gaza to the south; human rights defenders, [United Nations] workers, journalists, and other civilians."
Former detainees at Sde Teiman said they were blindfolded and handcuffed for their entire imprisonment, forced to remain in painful stress positions for hours on end, and prevented from speaking to other prisoners or even raising their heads.
Said Maarouf, a 57-year-old pediatrician kidnapped by Israeli troops during an attack on al-Ahli Baptist Hospital in Gaza City in December 2023, was detained for 45 days at Sde Teiman. He described being constantly blindfolded and handcuffed, beaten, starved, and forced to sit on his knees for long periods.
A 14-year-old boy taken from his home in Jabalia in January was held for 24 days at Sde Teiman. He told Amnesty that he was jailed with more than 100 adults in a single barrack and was kicked, punched in the head, and repeatedly burned with cigarettes. Amnesty observed bruises and burns on the child's body when it examined him in February. Like other detainees interviewed by the rights group, the boy said he was always blindfolded and handcuffed and was not permitted to see a lawyer or his relatives.
Earlier this year, Israeli medics working at Sde Teiman said amputations of hands and feet due to injuries from constant handcuffing were "a routine event."
The five women interviewed by Amnesty were initially jailed at a military detention center in an illegal Israeli settler colony in the occupied West Bank, then at Dimon women's prison in northern Israel. All five said they were beaten during transport.
One woman taken on December 6 said she was separated from her two children—ages 4 and 9 months—and initially held alongside hundreds of male prisoners. She was beaten, forced to remove her veil and photographed without it, and subjected to the mock execution of her husband.
"On the third day of detention, they put us in a ditch and started throwing sand," she said. "A soldier fired two shots in the air and said they executed my husband and I broke down and begged him to kill me too, to relieve me from the nightmare."
Another woman said guards threatened: "We will do to you what Hamas did to us. We will kidnap and rape you."
These and other accounts are consistent with the testimonies of Israeli whistleblowers and former prisoners at Sde Teiman and other Israeli detention facilities.
Former detainees and human rights defenders have described Sde Teiman as "Israel's Guantánamo" and "more horrific than Abu Ghraib"—the notorious U.S. military prison in Iraq where prisoners were tortured and dozens died. Palestinians held at Sde Teiman and at other detention sites described being electrocuted, mauled and even raped by dogs, constantly beaten, starved, and subjected to other torture and abuse. Other former Sde Teiman detainees said they witnessed a prisoner raped to death, possible executions, and other atrocities.
IDF officials told the Israeli newspaper Haaretz last month that the IDF is investigating the in-custody deaths of dozens of detainees, including 36 who died or were killed at Sde Teiman since October, when Israel began its retaliatory war following the attack by Hamas-led militants that left more than 1,100 Israelis and foreign nationals dead—some of whom were killed by Israeli troops.
Over 240 other people, mostly Israelis, were kidnapped and taken to Gaza. A Human Rights Watch report published Wednesday details war crimes and crimes against humanity including murder and rape perpetrated by members of five Palestinian armed groups that took part in the October 7 attacks.
Since October, Israel's siege, bombardment, and invasion of Gaza has left at least 139,000 Palestinians dead, maimed, or missing, around 90% of Gaza's 2.3 million people forcibly displaced, and starvation—sometimes deadly—running rampant.
Israel is on trial for genocide at the International Court of Justice in The Hague. International Criminal Court Prosecutor Karim Khan has also applied for warrants to arrest Israeli Prime Minister Benjamin Netanyahu, Defense Minister Yoav Gallant, and three Hamas leaders for war crimes and crimes against humanity, including "extermination."
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The Sentencing of Saeed Bakhouche Is a Grim Reminder of the Legacy of Guantánamo
We cannot afford to turn a blind eye to his plight or the plight of countless others who have been wrongfully detained and subjected to abuse.
May 21, 2024
On May 11, Saeed Bakhouche, a survivor of Guantánamo Bay, was abruptly sentenced to three years in prison and fined $2,000, taken immediately to jail from the courtroom.
An anonymous source said: "We were all stunned by the court's decision. Here's a man who spent over 21 years in Guantánamo, barely had eight months of freedom, homeless and unable to feed himself, and yet the court sends him to what is essentially another Guantánamo, if not worse."
The sentence came only two days after the United Nations experts warned that Bakhouche, 57 years old, would face terrorism charges in Algeria, not receive a fair trial, and risked renewed arbitrary detention.
From Guantánamo to Algeria, the road to justice has been littered with obstacles, with individuals like Bakhouche caught in the crossfire of geopolitical maneuvering and security theater.
The courtroom drama marked yet another chapter in the harrowing saga of Bakhouche, a man whose life has been entangled in the complex web of post-9/11 counterterrorism measures. As the gavel struck, sentencing him to three years behind bars, it was a stark reminder of the injustices that continue to plague him even after his release from Guantánamo Bay.
Bakhouche's journey from the confines of Guantánamo to the courtroom in Algeria has been marred by a litany of human rights violations, a fact that has not gone unnoticed by international observers. The recent warning issued by U.N. experts underscores the gravity of the situation, highlighting the inherent flaws in the legal proceedings against him.
In April 2022, Bakhouche was cleared for release from the notorious prison in U.S. Naval Station Guantánamo Bay after enduring over two decades of arbitrary detention and torture. His transfer to Algeria in April 2023 was accompanied by assurances of humane treatment, yet the reality has been anything but humane.
The decision to return him to his home country came with assurances from the U.S. State Department regarding his treatment upon arrival. Bakhouch's lawyer, H. Candace Gorman, was led to believe that her client would be treated humanely, with access to legal representation and support to reintegrate into society.
However, upon his arrival in Algeria, he was quickly thrown into a bewildering ordeal of imprisonment, intense interrogations, and legal limbo, resembling a nightmarish scenario of Guantánamo. Deprived of legal representation and held incommunicado, he found himself caught in a complex legal situation where the principle of innocence until proven guilty appeared to have vanished.
The charges leveled against Bakhouche under Algeria's Penal Code reek of political opportunism, a thinly veiled attempt to scapegoat a man who has already suffered immeasurable trauma at the hands of the U.S. government. His prosecution flies in the face of fundamental principles of justice and fair trial, raising serious concerns about the integrity of the legal process.
The U.N. experts' assertion that Bakhouche faces the risk of renewed arbitrary detention further underscores the urgent need for international scrutiny and intervention. His plight serves as a stark reminder of the enduring legacy of Guantánamo, where justice has often taken a backseat to political expediency.
Bakhouche's case is not an isolated one; it is emblematic of a larger pattern of abuse and impunity that has characterized the so-called "war on terror." From Guantánamo to Algeria, the road to justice has been littered with obstacles, with individuals like Bakhouche caught in the crossfire of geopolitical maneuvering and security theater.
Fionnuala Ní Aoláin, the former U.N. special rapporteur on counterterrorism and human rights, recently highlighted ongoing concerns regarding the U.S. government's handling of detainees released from Guantánamo. In her comprehensive report published in June 2023, Ní Aoláin detailed numerous rights violations stemming from the transfer of detainees to foreign countries.
Among various violations, Ní Aoláin revealed instances of torture, arbitrary detention, and disappearances among released prisoners. Shockingly, in 30% of documented cases, recipient countries deprived these individuals of proper legal status.
The U.N. report underscored the United States' involvement in these problematic transfers, emphasizing a clear legal and moral obligation for the U.S. government. It must use diplomatic and legal resources to ensure these men are relocated, providing proper assurance and support to the recipient countries.
As the Biden administration seeks to extricate itself from the dilemma of Guantánamo, it must reckon with the human cost of its actions. Bakhouche and others like him are not mere statistics; they are individuals whose lives have been irreparably altered by the machinery of state-sanctioned violence.
The recent sentencing of Bakhouche serves as a grim reminder of the urgent need for accountability and justice. It is not enough to simply close the doors of Guantánamo; we must also reckon with the legacy of injustice it has left behind. Anything less would be a betrayal of the principles we claim to uphold.
In the pursuit of justice for Bakhouche and others like him, the international community must remain vigilant. We cannot allow the shadows of Guantánamo to continue to darken the lives of innocent individuals who have already suffered far too much.
As Bakhouche begins his journey behind bars once again, in Guantánamo 2.0 this time, let us not forget the injustices that have brought him to this point. His story stands as a testament to the depravity of both the U.S. and Algerian governments, subjecting him to abuse and torture, and it is a call to action for all those who believe in the sanctity of justice and the dignity of every individual.
In closing, let us heed the words of the U.N. experts who have sounded the alarm on Bakhouche's case. Let us demand accountability, transparency, and above all, justice for those who have been failed by the very systems meant to protect them. Only then can we truly begin to heal the wounds inflicted by Guantánamo and its legacy of injustice.
Saeed Bakhouche's case underscores the urgent need for action and accountability in the pursuit of justice. It is a stark reminder of the human cost of unchecked power and the devastating impact of prolonged detention without charge or trial. We cannot afford to turn a blind eye to his plight or the plight of countless others who have been wrongfully detained and subjected to abuse.
We must demand transparency, accountability, and fair treatment for all detainees, regardless of their circumstances. We must advocate for Bakhouche's immediate release and call for reforms to ensure that such injustices never occur again. Only through collective action and unwavering commitment to human rights can we bring about meaningful change and ensure that justice prevails.
This article was first published by Cage International.
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Groups Warn Gang Crackdown in El Salvador Has Led to Human Rights Crisis
"Reducing gang violence by replacing it with state violence cannot be a success," said one Amnesty International official.
Mar 27, 2024
Two years after Salvadoran President Nayib Bukele declared a "state of exception" that was originally adopted for a 30-day period in response for a spate of apparent gang killings, the government is boasting that its policies have driven down the homicide rate by 70%—but international rights defenders on Wednesday warned the crackdown has plunged the country into a human rights crisis.
Amnesty International said that according to local victims' movements and human rights groups, El Salvador's former murder rate has been replaced by 327 cases of forced disappearances since March 2022, as well as 78,000 arbitrary detentions as police have raided neighborhoods, particularly in low-income areas.
"A total of approximately 102,000 people [are] now deprived of their freedom in the country—a situation of prison overcrowding of approximately 148% percent and at least 235 deaths in state custody," said Amnesty.
Bukele adopted the state of emergency after El Salvador reported its deadliest peak in apparent gang violence in recent history, with gangs blamed for 92 people's deaths over three days in March 2022.
Under the emergency order, authorities have suspended the right to privacy in communications, to be informed of the reason for one's arrest, and to be taken before a judge within 72 hours of an arrest. A report by Human Rights Watch in December 2022 also warned of "torture, or other cruel, inhumane, or degrading treatment against people accused of crimes." Officers told people during arrests only that they were following "orders from the president," and in some cases, told people they were being taken to a police station for "questioning" when they were actually under arrest.
"The insistence of Nayib Bukele's government on maintaining the state of emergency, the adoption of disproportionate measures, and the denial, minimization, and concealment of reported serious human rights violations reflect the government's unwillingness to fulfill its duty to respect and promote human rights in the country," Ana Piquer, Amnesty International's Americas director, said Wednesday. "It also demonstrates its inability to design comprehensive long-term measures to address the root causes of violence and criminality without forcing the population to choose between security and freedom."
Amnesty's statement came a day after Justice and Security Minister Gustavo Villatoro said Bukele's government plans to continue its strategy to "eradicate this endemic evil."
"This war against these terrorists will continue," said Villatoro in a televised address.
Despite outcry from domestic and international human rights groups, Bukele won his reelection campaign in a landslide last month. El Faro reported that Bukele's government had violated some election rules including airing ads within three days of the election and campaigning on Election Day. Some poll workers also wore clothes identifying them as supporters of Bukele's Nueva Ideas party, and police allegedly blocked journalists from working near polling locations, prompting accusations of intimidation and harassment by the Association of Journalists of El Salvador.
The Due Process of Law Foundation released a report Tuesday warning that Bukele's government could be guilty of crimes against humanity as it continues its crackdown.
"Well over 76,000 people, including minors, have been detained under the state of exception, accused of having ties to gangs," wrote the group. "Many or most of these detentions appear to be occurring without any reasonable grounds for suspecting that the person may have committed a crime. Mere physical appearance—including having tattoos—seems to be enough to put people at risk of arrest, with young men from poor districts a particular target. Arrests of this nature are in themselves discriminatory, and may well qualify as arbitrary. According to the United Nations Working Group on Arbitrary Detention, under customary
international law, 'The legal basis justifying... detention must be accessible, understandable, nonretroactive, and applied in a consistent and predictable way.'"
Amnesty noted on Wednesday that human rights defenders and dissidents also face "increased risk" under the state of emergency, "as they are criminalized." As Common Dreams reported this week, five water defenders are scheduled to stand trial on April 3 for allegedly killing a military informant, an accusation for which the government has produced no proof.
"In the absence of any kind of evaluation and checks and balances within the country, and with only a timid response from the international community, the false illusion has been created that President Bukele has found the magic formula to solve the very complex problems of violence and criminality in a seemingly simple way. But reducing gang violence by replacing it with state violence cannot be a success," said Piquer. "The authorities in El Salvador must focus the state response on comprehensive policies that respect human rights and seek long-term solutions."
"The international community," she added, "must respond in a robust, articulate and forceful manner, condemning any model of public security that is based on human rights violations."
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Israel Jails Palestinian Human Rights Lawyer Diala Ayesh Without Charge
"How is this not hostage-taking?" asked journalist Mehdi Hasan. "How is this not a violation of basic liberties? How are American taxpayers okay paying for this? Any response, Secretary Blinken?"
Feb 14, 2024
A young Palestinian human rights lawyer has been jailed by Israel for nearly a month without charge or trial after starting a group that trains female attorneys on how to visit the unprecedented number of Palestinians held in an Israeli prison in the illegally occupied West Bank.
Diala Ayesh, 28, was arrested on January 17 by Israeli occupation forces at a checkpoint near Bethlehem, according to the rights group Front Line Defenders. Another group, the Addameer Prisoner Support and Human Rights Association, said that on January 25 Israeli authorities "issued an arbitrary administrative detention order" for Ayesh through May 16.
Addameer said that Ayesh "was subjected to assault, threats, and insults by occupation soldiers during her arrest." She was initially jailed in Hasharon Prison in Even Yehuda "in a cell of very poor conditions with an open window despite the cold weather" before being transferred to Damon Prison in northern Israel.
As Israeli authorities began arresting and jailing thousands of Palestinians in the wake of the Hamas-led October 7 attack on Israel, Ayesh started a volunteer group that trains female lawyers on how to visit Palestinian prisoners and monitor their treatment by occupation forces. Palestinians from both Gaza and the West Bank have died in Israeli prisons since October 7, with some of the victims showing signs of torture and other abuse.
Front Line Defenders said Ayesh "has dedicated her work to advocating for the freedom and fair treatment of Palestinian political prisoners, focusing on ensuring fair trial guarantees and promoting freedom of expression."
"Additionally, she has actively engaged in monitoring and documenting the conditions of Palestinian political prisoners within the Israeli military prison system," the group added.
Ayesh formerly worked at Lawyers for Justice, a group that provides free legal aid and monitors human rights abuses by Palestinian authorities in the occupied territories. For this, she
said she was detained, beaten, and sexually assaulted by her own people.
Addameer attorney Tala Nasser
told Al Jazeera on Tuesday that that Ayesh's imprisonment is part of a "violent mass arrest campaign" in which more than 7,000 Palestinians have been jailed, most of under Israel's regime of administrative detention.
"This campaign includes activists, human rights defenders, and political leaders," said Nasser, who called the arrests "an attempt to silence them and prevent the exposure of the occupation's crimes across the whole country."
Men, women, and even children are jailed under this form of arbitrary indefinite detention without charge or trial that has been condemned by Palestinian, Israeli, and international human rights groups.
The International Observatory of Lawyers, an initiative of several European bar associations, said that Ayesh is one of at least 10 Palestinian lawyers being held under Israeli administrative detention.
"The observatory strongly condemns the arrest and unlawful detention of the lawyer Diala Ayesh, as well as the terrible conditions of detention to which she has been subjected," the group said in a statement last week urging Israeli authorities to "immediately and unconditionally release" all jailed attorneys.
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New CIA Torture Documents Confirm Chilling Details of Khaled El-Masri's 'Kafka-esque' Ordeal
After being mistakenly abducted in Macedonia and detained in a secret CIA prison in Afghanistan, Khaled El-Masri told his interrogators that his ongoing detention was like "a Kafka novel." A cable to CIA headquarters reported that El-Masri said he "could not possibly prove his innocence because he did not know what he was being charged with."
Jun 17, 2016
After being mistakenly abducted in Macedonia and detained in a secret CIA prison in Afghanistan, Khaled El-Masri told his interrogators that his ongoing detention was like "a Kafka novel." A cable to CIA headquarters reported that El-Masri said he "could not possibly prove his innocence because he did not know what he was being charged with."
Much has been reported on this tragic case of mistaken identity at the hands of the CIA. But this week, additional details on El-Masri's case emerged when the CIA released a new batch of documents in response to an ACLU Freedom of Information Act lawsuit. Among the many disturbing details relating to the CIA's post-9/11 torture and rendition program was a revealing investigation carried out by the CIA's inspector general into the rendition and torture of El-Masri, an innocent German citizen who was disappeared, detained, and abused by the CIA for over four months in early 2004. (The ACLU now represents El-Masri in a pending case against the U.S. before the Inter-American Commission on Human Rights.)
The investigation makes clear that El-Masri's unlawful rendition and detention were rife with neglect, abuse, and incompetence, reaching to the highest levels of the CIA.
The investigation makes clear that El-Masri's unlawful rendition and detention were rife with neglect, abuse, and incompetence, reaching to the highest levels of the CIA. It reveals that even as the CIA "quickly concluded he was not a terrorist," two CIA officers who had been involved in his rendition justified his continued detention "despite the diminishing rationale, by insisting that they knew he was 'bad.'"
The document also confirms that former CIA Director George Tenet "was informed about the ... January 2004 ... rendition shortly after it happened and then again in late April 2004." Yet El-Masri was not freed and allowed to return to his family in Germany until May of that year after former National Security Advisor Condoleezza Rice ordered it. The CIA didn't inform Congress of the mistaken rendition until after his repatriation and after it learned that he had retained an attorney.
The report confirms the grueling psychological torture that El-Masri was subjected to, along with the CIA's blatant disregard for his physical and mental health while in custody. In protest of his wrongful detention, El-Masri went on a hunger strike and lost 50 pounds. A CIA psychologist described him as "openly tearful and speechless" and suffering from "feelings of helplessness, hopeless ... [and] wishing he was dead." Another psychologist confirmed the intensity of his "depression, loneliness, hopelessness, and anger."
The source of his deteriorating mental health, the psychologists believed, was "the unknown status of his case and the uncertain length of his detention, complicated by lack of interaction with Agency personnel." The psychologists recommended releasing him. Their reason was not his innocence or his mental health, but the need to avoid "potential long-term issues for HQs."
The CIA's inspector general report confirms that El-Masri's prolonged arbitrary detention and cruel, inhumane, and degrading treatment included solitary confinement in a "small cell with just a bucket for his waste." The report concludes:
"[T]here was an insufficient basis to render and detain al-Masri and the Agency's prolonged detention of al-Masri was unjustified. His rendition and long detention resulted from a series of breakdowns in tradecraft, process, management, and oversight. CTC and [redacted] failed to take responsible steps to verify al-Masri's identity. ALEC Station exaggerated the nature of the data it possessed linking al-Masri to terrorism. After the decision had been made to repatriate al-Masri, implementation was marked by delay and bureaucratic infighting."
Yet after it was decided that El-Masri should be freed, he languished in the CIA prison for more than two months because of "bureaucratic infighting" and "bureaucratic differences." At one point, the CIA considered transferring El-Masri to the custody of the U.S. military. This option was ultimately ruled out because "such a move could complicate matters"; "the U.S. military would register al-Masri and notify the Red Cross of his detention"; and, without grounds to suspect he had a role within al-Qaida, "the US military would have no grounds on which to detain him" and "he could be a free man within hours."
After it was decided that El-Masri should be freed, he languished in the CIA prison for more than two months because of "bureaucratic infighting" and "bureaucratic differences."
Despite recognizing a terrible mistake, the Bush administration pressed the Supreme Court to refuse to hear El-Masri's (brought by the ACLU) case against Tenet. The court acquiesced, deciding not to review the case—which had been dismissed by the lower courts on "state secrets" grounds—the very same month the inspector general report was submitted to the administration.
Beyond an "oral admonition" given to three CIA attorneys, no one has been held accountable for El-Masri's ordeal. The CIA's inspector general referred El-Masri's case to the Department of Justice for prosecution -- but in May 2007, the Office of the U.S. Attorney for the Eastern District of Virginia declined to pursue the case.
This report confirms what the ACLU has said for years: At the height of the so-called "War on Terror," the CIA made grave mistakes and committed outrageous violations of domestic and international law. Yet, no one responsible for these acts has been held accountable. Despite the CIA's best efforts to keep this and so many other stories secret -,- the CIA told El-Masri that a condition for his release was "that he would not reveal his experiences to the media or local authorities" -- the truth is steadily coming out. And still, El-Masri and other victims of CIA torture continue to wait for what they deserve -- a full criminal investigation into those responsible for overseeing and implementing the program, an acknowledgment of what they went through, an official apology, and compensation to help them rebuild their lives. This is the very least President Obama can do for them before leaving office.
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