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How Can the Justice Department Help CIA Torture Victims? In This Case, By Doing Nothing.

Suleiman Abdullah Salim
Suleiman Abdullah Salim
Dror Ladin,
Former Staff Attorney,
老澳门开奖结果 National Security Project
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November 9, 2015

Is the Obama administration going to stand in the way of justice for torture victims? We鈥檒l know soon enough.

Last month, the 老澳门开奖结果 filed a lawsuit on behalf of three torture victims against the psychologists contracted by the CIA to design, implement, and oversee its post-9/11 torture program. In past cases involving the CIA鈥檚 former 鈥渆xtraordinary rendition鈥 and torture program, the Bush and Obama administrations stepped in to shut down the lawsuits before they even got underway. The government previously claimed that the CIA鈥檚 torture program was too secret for U.S. courts to consider. But this time is different, and the 老澳门开奖结果 has formally asked Attorney General Loretta Lynch not to invoke the 鈥渟tate secrets privilege鈥 so these torture victims can soon have their day in court.

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Under both the Bush and Obama administrations, the government invoked the 鈥渟tate secrets privilege鈥 to shut down lawsuits by victims of torture. The government repeatedly claimed that even considering the claims of torture victims would harm national security. Unfortunately, judges largely gave in to these efforts to keep courts from confronting flagrant violations of the law. As a result, despite numerous lawsuits against the architects and perpetrators of the torture program, not a single victim has had their claims considered by an American court.

Whatever the government鈥檚 arguments in previous cases, however, things have changed. Now that there are official public reports naming our clients, describing their , and detailing the two psychologists鈥 responsibility, any attempt to claim that the torture of our clients is a state secret would be absurd.

Using secrecy to slam the courtroom door shut compounds torture survivors鈥 trauma and violates U.S. treaty obligations to provide a judicial remedy for government torture. Our national failure to provide justice, apologies, and compensation to torture victims has led to as a human rights leader in the world.

But as The New York Times noted, this lawsuit offers 鈥溾 鈥 simply by not standing in the way of justice. Accountability for torture is a moral and legal imperative, and it is long overdue.

It鈥檚 not too late for the Obama administration to do right. It can start by simply not blocking the courtroom doors.

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