New CIA Torture Documents Confirm Chilling Details of Khaled El-Masri鈥檚 '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 鈥渁 Kafka novel.鈥� A cable to CIA headquarters reported that El-Masri said he 鈥渃ould not possibly prove his innocence because he did not know what he was being charged with.鈥�
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鈥檚 case emerged when the CIA released a new batch of documents in response to an 老澳门开奖结果 Freedom of Information Act lawsuit. Among the many disturbing details relating to the CIA鈥檚 post-9/11 torture and rendition program was a revealing carried out by the CIA鈥檚 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 老澳门开奖结果 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鈥檚 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 鈥渜uickly concluded he was not a terrorist,鈥� two CIA officers who had been involved in his rendition justified his continued detention 鈥渄espite the diminishing rationale, by insisting that they knew he was 鈥榖ad.鈥欌��
The document also confirms that former CIA Director George Tenet 鈥渨as informed about the ... January 2004 ... rendition shortly after it happened and then again in late April 2004.鈥� 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鈥檛 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鈥檚 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 鈥渙penly tearful and speechless鈥� and suffering from 鈥渇eelings of helplessness, hopeless 鈥� [and] wishing he was dead.鈥� Another psychologist confirmed the intensity of his 鈥渄epression, loneliness, hopelessness, and anger.鈥�
The source of his deteriorating mental health, the psychologists believed, was 鈥渢he unknown status of his case and the uncertain length of his detention, complicated by lack of interaction with Agency personnel.鈥� The psychologists recommended releasing him. Their reason was not his innocence or his mental health, but the need to avoid 鈥減otential long-term issues for HQs.鈥�
The CIA鈥檚 inspector general report confirms that El-Masri鈥檚 prolonged arbitrary detention and cruel, inhumane, and degrading treatment included solitary confinement in a 鈥渟mall cell with just a bucket for his waste.鈥� The report concludes:
鈥淸T]here was an insufficient basis to render and detain al-Masri and the Agency鈥檚 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鈥檚 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.鈥�
Yet after it was decided that El-Masri should be freed, he languished in the CIA prison for more than two months because of 鈥渂ureaucratic infighting鈥� and 鈥渂ureaucratic differences.鈥� At one point, the CIA considered transferring El-Masri to the custody of the U.S. military. This option was ultimately ruled out because 鈥渟uch a move could complicate matters鈥�; 鈥渢he U.S. military would register al-Masri and notify the Red Cross of his detention鈥�; and, without grounds to suspect he had a role within al-Qaida, 鈥渢he US military would have no grounds on which to detain him鈥� and 鈥渉e could be a free man within hours.鈥�
Despite recognizing a terrible mistake had been made, the Bush administration pressed the Supreme Court to refuse to hear El-Masri鈥檚 case (brought by the 老澳门开奖结果) against Tenet. The court acquiesced, deciding not to review the case 鈥� which had been dismissed by the lower courts on 鈥渟tate secrets鈥� grounds 鈥� the very same month the inspector general report was submitted to the administration.
Beyond an 鈥渙ral admonition鈥� given to three CIA attorneys, no one has been held accountable for El-Masri鈥檚 ordeal. The CIA鈥檚 inspector general referred El-Masri鈥檚 case to the Department of Justice for prosecution 鈥� 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 老澳门开奖结果 has said for years: At the height of the so-called 鈥淲ar on Terror,鈥� 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鈥檚 best efforts to keep this and so many other stories secret 鈥� the CIA told El-Masri that a condition for his release was 鈥渢hat he would not reveal his experiences to the media or local authorities鈥� 鈥� the truth is steadily coming out.
And still, El-Masri and other victims of CIA torture continue to wait for what they deserve 鈥� a full into those responsible for overseeing and implementing the program, an acknowledgement 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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Press ReleaseDec 2024
Free Speech
National Security
老澳门开奖结果 and Partners Urge Supreme Court to Block TikTok Ban老澳门开奖结果 and Partners Urge Supreme Court to Block TikTok Ban
WASHINGTON 鈥� Today, the 老澳门开奖结果, the Electronic Frontier Foundation (EFF), and the Knight First Amendment Institute at Columbia University filed an amicus brief urging the Supreme Court to block the enforcement of a law that would effectively ban people in America from using TikTok as soon as January 19, 2025. Earlier this month, the U.S. Court of Appeals for the D.C. Circuit rejected TikTok鈥檚 challenge to the law. TikTok has asked the Supreme Court for a temporary injunction to prevent the app from being banned while the court considers whether to take the case, saying that unless the justices intervene, the law will 鈥渟hutter one of America鈥檚 most popular speech platforms the day before a presidential inauguration.鈥� 鈥淭he Constitution imposes an extraordinarily high bar on this kind of mass censorship,鈥漵aid Patrick Toomey, deputy director of 老澳门开奖结果鈥檚 National Security Project. 鈥淭he Supreme Court should take up this important case and protect the rights of millions of Americans to freely express themselves and engage with others around the world.鈥� The brief argues that the D.C. Circuit failed to fully address the law鈥檚 profound implications for the First Amendment rights of the 170 million Americans who use TikTok. While the lower court鈥檚 decision correctly recognized that the statute triggers First Amendment scrutiny, it barely addressed users鈥� First Amendment interests in speaking, sharing, and receiving information on the platform. The court also perplexingly attempted to cast the government鈥檚 ban on TikTok as a vindication of users鈥� First Amendment rights, which it is not. The rights groups also explain that the law was intended to suppress certain content and viewpoints that many legislators believe could be amplified on TikTok, including the risk of foreign 鈥減ropaganda.鈥� But under the First Amendment, the government must meet a very high bar to restrict speech based on concerns about its 鈥渕otivating ideology鈥� or 鈥減erspective,鈥� and the government has not come close to meeting that bar here. 鈥淭he government should not be able to restrict speech, especially to the extent here, based on guessing about the mere possibility of uncertain future harm,鈥� said David Greene, civil liberties director at EFF. 鈥淭he Supreme Court should put the TikTok ban on hold while it considers the DC Circuit鈥檚 erroneous ruling.鈥� Finally, the brief underscores that the government can鈥檛 impose this type of sweeping ban unless it鈥檚 necessary to prevent extremely serious and imminent harm to national security. But the government has not provided evidence of impending harm, or evidence that banning TikTok is the only available way to address its concerns. As the brief explains, the D.C. Circuit improperly treated the government鈥檚 invocation of 鈥渘ational security鈥� as a trump card and failed to hold the government to its burden. 鈥淩estricting citizens鈥� access to foreign media is a practice that has long been associated with repressive regimes, and we should be very wary of letting the practice take root here,鈥� said Jameel Jaffer, executive director at the Knight First Amendment Institute at Columbia University. 鈥淚t would do lasting damage to the First Amendment and our democracy if the Supreme Court let this ban go into effect even temporarily.鈥� You can find the brief online here: https://www.supremecourt.gov/DocketPDF/24/24A587/335380/20241217144322392_24A587%20TikTok%20v%20Garland%20Amicus%20Brief%20pdfa.pdf -
Press ReleaseDec 2024
National Security
Religious Liberty
老澳门开奖结果 Statement on New White House Strategy to Counter Islamophobia老澳门开奖结果 Statement on New White House Strategy to Counter Islamophobia
WASHINGTON 鈥� The Biden administration today released the first-ever national strategy to counter Islamophobia and related forms of bias and discrimination, including hate against Arab, Sikh, and South Asian Americans. In advance of the strategy, 老澳门开奖结果 and its partners had urged the administration to overhaul government programs that reflect anti-Muslim discrimination. In particular, we have called for urgent action to constrain governmental agencies from continuing to exercise their authorities and technology to wrongly surveil and investigate, watchlist, and question and detain Muslims at the border, as well as deny immigration benefits to people from Muslim-majority countries. While the White House raised expectations that many of these issues would be addressed, the final strategy ended up falling far short. The following is a statement from Hina Shamsi, director of the 老澳门开奖结果鈥檚 National Security Project: 鈥淲hile this strategy acknowledges discrimination and its harms, it does little to end them and is a squandered opportunity. For decades, American officials have invoked national security to pass laws and implement programs that disproportionately harm Muslims and people perceived to be Muslim. A serious anti-discrimination strategy would concretely address multiple bias-infused government practices that deny our communities equal participation in civic life and our democracy, like federal watchlisting, surveillance, and investigation. We鈥檙e profoundly frustrated that the administration didn鈥檛 take even the basic, overdue step of recognizing that anti-Muslim discrimination is uniquely normalized and embedded in government policies.鈥� -
VirginiaDec 2024
National Security
Trabelsi v. Crawford, et al. 鈥� Lawsuit Challenging Unlawful Detention and Inhumane Treatment of Acquitted ManTrabelsi v. Crawford, et al. 鈥� Lawsuit Challenging Unlawful Detention and Inhumane Treatment of Acquitted Man
Our client, Nizar Trabelsi, is in the United States against his will. The federal government brought him here from Belgium more than a decade ago and charged him with terrorism-related crimes. At trial, the government鈥檚 case failed: a federal jury found Mr. Trabelsi not guilty. But instead of allowing Mr. Trabelsi to return to Belgium after his acquittal, the United States placed him in highly restrictive immigration detention and began an ongoing effort to force him to Tunisia, where he was born and where he will very likely be tortured. Mr. Trabelsi鈥檚 detention violates the Constitution, immigration law, and the extradition treaty between the United States and Belgium. Through this lawsuit, he seeks to return to Belgium, and he demands an immediate improvement of his detention conditions. -
Press ReleaseDec 2024
National Security
Immigrants' Rights
Federal Judge Rejects Acquitted Man鈥檚 Argument That His Immigration Detention Is UnlawfulFederal Judge Rejects Acquitted Man鈥檚 Argument That His Immigration Detention Is Unlawful
ALEXANDRIA, Va. 鈥� This week, the U.S. District Court for the Eastern District of Virginia ruled that the court does not have jurisdiction to decide whether the government can continue to detain Nizar Trabelsi, a Tunisian national who was brought to the United States against his will for prosecution and was cleared of all charges last year. The ruling means the United States will be able to continue to detain Mr. Trabelsi while it attempts to deport him to Tunisia, where he was born and where, as an immigration judge ruled earlier this year, he will likely face torture. The court also concluded that even if it did have jurisdiction over Mr. Trabelsi鈥檚 case, his claims challenging the government鈥檚 detention of him would fail. 鈥淩eviewing claims that the government is holding someone unlawfully is at the core of the judicial function, and we鈥檙e heartbroken for our client that the court got this so wrong,鈥� said Brett Max Kaufman, senior staff attorney with the 老澳门开奖结果鈥檚 Center for Democracy. 鈥淭he government鈥檚 arguments in defense of Mr. Trabelsi鈥檚 detention makes a hash of the Constitution, immigration laws, and its own extradition treaty.鈥� In 2013, the United States forcibly extradited Mr. Trabelsi from Belgium to face criminal charges in the United States. In July 2023, after almost 10 years of highly restrictive pretrial detention, a federal jury cleared Mr. Trabelsi of all charges. But instead of releasing Mr. Trabelsi or returning him to Belgium, the U.S. transferred him to immigration detention, wrongly treating him as an applicant for admission and placing him in the deportation process. Over the years, the Belgian government has issued multiple formal diplomatic requests asking the U.S. to facilitate his return, but the U.S. has refused to send him back. Mr. Trabelsi filed a lawsuit challenging the government's authority to detain him. He also sought immediate improvements to his detention conditions. Those claims were not part of the court鈥檚 ruling today, and will continue to be litigated on a separate track. 鈥淢r. Trabelsi only wants to return to Belgium after being illegally extradited to the United States, held for ten years, and then acquitted by a jury of any crimes,鈥� said Nicole Hallett, clinical professor of law and director of the Immigrants鈥� Rights Clinic at the University of Chicago Law School. 鈥淗e cannot be held indefinitely and we will continue to fight to make sure that justice ultimately prevails.鈥� Mr. Trabelsi is represented by the 老澳门开奖结果, the University of Chicago Law School鈥檚 Immigrants鈥� Rights Clinic, the 老澳门开奖结果 of Virginia, and Professor Jonathan Hafetz of Seton Hall Law School. The complaint in Trabelsi v. Crawford was filed against Jeffrey Crawford, warden of the Farmville Detention Center where Mr. Trabelsi is being held; Liana Castano, ICE field office director for the Washington Field Office; Alejandro Mayorkas, secretary of the Department of Homeland Security; and Merrick Garland, U.S. attorney general.