Today, a federal appellate court dismissed the appeals of two private military contractors who had argued they were immune from litigation when they engage in torture.  The corporate defendants, CACI and L-3, have argued that they should receive the same protections as the United States government and that, therefore, any of their wartime activities – including torture – are similarly beyond review of the courts.  The U.S. Court of Appeals for the Fourth Circuit, sitting en banc, remanded the cases to the district courts that had previously rejected the corporations’ novel claims of immunity, in order to allow fact-finding to proceed.  The Center for Constitutional Rights (CCR) is co-counsel on the cases, which were filed in 2008.

“Today’s ruling provides an opportunity for victims of torture at Abu Ghraib to tell their stories to an American court and to obtain justice from the private military contractors who played such a prominent role in one of the most shocking episodes of abuse in recent American history,” said CCR Legal Director, Baher Azmy, who co-argued the case.

The corporate defendants in the consolidated cases, who were hired to provide interpretation and interrogation services, are alleged to have subjected the plaintiffs to electric shocks, rape and other forms of sexual assault, forced nudity, broken bones, and deprivation of oxygen, food and water.  The two cases were brought on behalf of 76 Iraqis who were subjected to brutal, sadistic acts in detention centers Iraq by employees of the corporate defendants.  Court martial and other testimony from soldiers convicted of serious abuse in Iraq directly link both companies to instances of torture. All of the plaintiffs were released from detention without charge.

Said Susan Burke, lead counsel on the case who also participated in oral argument before the full court, “The ruling is especially important in light of the unprecedented rise in the use of private military contractors in war zones.  Ultimately, these cases should be about whether the actions of the defendants constituted war crimes and torture in violation of the law and not about whether or not the perpetrators should receive impunity even if they engaged in torture.”

In December, a coalition of groups, including retired military officers and human rights NGOs and experts, filed amicus briefs arguing that for-profit corporations cannot be considered equivalent to U.S. soldiers and should face justice under traditional legal principles that govern illegal conduct.  The military officers’ brief expressed concern that “persons engaging in shocking behavior that the U.S. military does not itself tolerate for its own members have broad impunity from accountability.”

En banc appellate review, by all judges on a federal appeals court, is a rare occurrence, reserved for cases in which the issues raised are deemed to be of particular legal and constitutional importance.  Fourteen judges heard the appeal, with 11 of the judges deciding in the plaintiffs favor.

It’s time for a serious fight-back. Evidence for the prosecution (via the Guardian):

Lloyds Banking Group has become embroiled in a row over its investment in a company accused of involvement in the rendition of terror suspects on behalf of the CIA.

Lloyds, which is just under 40% owned by the taxpayer, is one of a number of leading City institutions under fire for investing in US giant Computer Sciences Corporation (CSC), which is accused of helping to organise covert US government flights of terror suspects to Guantánamo Bay and other clandestine “black sites” around the world.

Reprieve, the legal human rights charity run by the British lawyer Clive Stafford Smith, alleges that during the flights, suspects – some of whom were later proved innocent – were “stripped, dressed in a diaper and tracksuit, goggles and earphones, and had their hands and feet shackled”. Once delivered to the clandestine locations, they were subjected to beatings and sleep deprivation and forced into stress positions, a report from the International Committee of the Red Cross says.

CSC, which is facing a backlash for allegedly botching its handling of a £3bn contract to upgrade the NHS IT system, has refused to comment on claims it was involved in rendition. It has also refused to sign a Reprieve pledge to “never knowingly facilitate torture” in the future. The claims about its involvement in rendition flights have not been confirmed.

Reprieve has written to CSC investors to ask them to put pressure on the company to take a public stand against torture.

Some of the City’s biggest institutions, including Lloyds and insurer Aviva, have demanded that CSC immediately address allegations that it played a part in arranging extraordinary rendition flights.

American intelligence agencies including the CIA and the FBI have won a court ruling allowing them to withhold evidence from British MPs about suspected UK involvement in “extraordinary rendition” – the secret arrests and alleged torture of terror suspects.

The Pentagon’s prosecutors formally charged Khalid Shaikh Mohammed and four other men last week with war crimes for planning and carrying out the murder of 2,976 people on Sept. 11, 2001, and referred their case to a constitutionally flawed military tribunal that will be convened at the Guantánamo Bay detention camp, a global symbol of human rights abuses.

The conspirators have been held for more than nine years. As Brig. Gen. Mark Martins, the chief military prosecutor, said in a speech at Harvard on Tuesday, the use of military commissions “has become a matter of the rule of law and of recognizing that at some point justice delayed really is justice denied.” But it is worth remembering how we got to this system and this place — the worst way to administer justice to the 9/11 terrorists.

Let’s start with the delay. All of the men could have been brought to trial years ago, but President Bush decided he could ignore the Constitution. He ordered them to be held in secret C.I.A. prisons and subjected to brutal and illegal interrogations. Mr. Mohammed was waterboarded 183 times in one month alone. That torture produced no useful intelligence, according to virtually all accounts, except those offered by people like former Vice President Dick Cheney, who was the key architect of the Bush administration’s lawless detention and interrogation policies.

When Mr. Mohammed was moved to Guantánamo Bay, finally, with the four others, there were immediate questions about whether they could ever be tried legitimately, given how tainted the evidence was. Mr. Bush did nothing, content with arguing that Congress’s decision to declare a perpetual state of war with Al Qaeda gave him the right to hold prisoners indefinitely without any trial.

President Obama came into office pledging to close Guantánamo Bay and restore the rule of law to the treatment of terrorism suspects. He has largely failed.

Last month philosopher Patrick Lin delivered this briefing about the ethics of drones at an event hosted by In-Q-Tel, the CIA’s venture-capital arm (via the Atlantic):

Let’s look at some current and future scenarios. These go beyond obvious intelligence, surveillance, and reconnaissance (ISR), strike, and sentry applications, as most robots are being used for today. I’ll limit these scenarios to a time horizon of about 10-15 years from now.

Military surveillance applications are well known, but there are also important civilian applications, such as robots that patrol playgrounds for pedophiles (for instance, in South Korea) and major sporting events for suspicious activity (such as the 2006 World Cup in Seoul and 2008 Beijing Olympics). Current and future biometric capabilities may enable robots to detect faces, drugs, and weapons at a distance and underneath clothing. In the future, robot swarms and “smart dust” (sometimes called nanosensors) may be used in this role.

Robots can be used for alerting purposes, such as a humanoid police robot in China that gives out information, and a Russian police robot that recites laws and issues warnings. So there’s potential for educational or communication roles and on-the-spot community reporting, as related to intelligence gathering.

In delivery applications, SWAT police teams already use robots to interact with hostage-takers and in other dangerous situations. So robots could be used to deliver other items or plant surveillance devices in inaccessible places. Likewise, they can be used for extractions too. As mentioned earlier, the BEAR robot can retrieve wounded soldiers from the battlefield, as well as handle hazardous or heavy materials. In the future, an autonomous car or helicopter might be deployed to extract or transport suspects and assets, to limit US personnel inside hostile or foreign borders.

In detention applications, robots could also be used to not just guard buildings but also people. Some advantages here would be the elimination of prison abuses like we saw at Guantanamo Bay Naval Base in Cuba and Abu Ghraib prison in Iraq. This speaks to the dispassionate way robots can operate. Relatedly–and I’m not advocating any of these scenarios, just speculating on possible uses–robots can solve the dilemma of using physicians in interrogations and torture. These activities conflict with their duty to care and the Hippocratic oath to do no harm. Robots can monitor vital signs of interrogated suspects, as well as a human doctor can. They could also administer injections and even inflict pain in a more controlled way, free from malice and prejudices that might take things too far (or much further than already).

Last night, attorneys for Iraqi torture victims abused in the infamous Abu Ghraib prison and other detention centers in Iraq challenged two private military contractors’ claims to immunity from being sued on the grounds that their alleged torture occurred during wartime. Today, a coalition of groups, including retired military officers and human rights NGO’s and experts, supported their claims by filing amicus briefs that argue that for-profit corporations cannot be considered equivalent to U.S. soldiers and should face justice under traditional legal principles governing any illegal conduct.

Said Center for Constitutional Rights Senior Staff Attorney Katherine Gallagher, “Our plaintiffs – innocent Iraqi civilians – were subjected to horrifying acts of torture because these multi-billion-dollar corporations violated military policies and U.S. law prohibiting torture and other war crimes. We are in no way challenging battlefield conduct, but rather, our plaintiffs seek accountability for gratuitous and sadistic acts of violence by private companies in Iraq for profit.”

The lawsuits charge that the two U.S. corporations directed and participated in illegal conduct at Abu Ghraib and other prisons in Iraq, including subjecting plaintiffs to electric shocks, sexual assaults, forced nudity, broken bones, and deprivation of oxygen, food and water. Originally filed in 2008, the two federal lawsuits,Al-Shimari v. CACI and Al-Quraishi v. Nakhla, were brought on behalf of 76 Iraqis who were subjected to abuse and torture in Iraq by employees of the corporations, CACI and L-3. In both cases, the district court ruled the claims could proceed to discovery. The two cases are now being consolidated for the Court of Appeals to assess whether corporate defendants can invoke the immunity available to the United States government and military in order to evade legal, moral and financial responsibility for their role in one of the most notorious episodes in recent American history. The corporations, which had been hired to provide interpretation and interrogation services, argue their actions are protected under the mantle of sovereign immunity and thus beyond review of the courts because they are “combatant military activities.” Court martial and other testimony from soldiers convicted of serious abuse in Iraq directly link both companies to instances of torture.

Said Shereef Akeel of Akeel & Valentine PLC, “A key principle is at stake here, which is that no one is above the law. It has been a 7 years struggle and these corporate defendants have not yet been held accountable for their involvement in the Abu-Gharib torture scandal.” 

In northern Bucharest, in a busy residential neighborhood minutes from the heart of the capital city, is a secret the Romanian government has long tried to protect.

For years, the CIA used a government building — codenamed “Bright Light” — as a makeshift prison for its most valuable detainees. There it held al-Qaida operatives Khalid Sheikh Mohammed, the mastermind of the Sept. 11, 2001 attacks, and others in a basement prison before they were ultimately transferred to Guantanamo Bay, Cuba, in 2006, according to former U.S. intelligence officials familiar with the location and inner workings of the prison.

The existence of a CIA prison in Romania has been widely reported, but its location has never been made public. The Associated Press and German public television ARD located the former prison and learned details of the facility where harsh interrogation tactics were used. ARD’s program on the CIA prison is set to air Thursday.

The Romanian prison was part of a network of so-called black sites that the CIA operated and controlled overseas in Thailand, Lithuania and Poland. All the prisons were closed by May 2006, and the CIA’s detention and interrogation program ended in 2009.

Unlike the CIA’s facility in Lithuania’s countryside or the one hidden in a Polish military installation, the CIA’s prison in Romania was not in a remote location. It was hidden in plain sight, a couple blocks off a major boulevard on a street lined with trees and homes, along busy train tracks.

The building is used as the National Registry Office for Classified Information, which is also known as ORNISS. Classified information from NATO and the European Union is stored there. Former intelligence officials both described the location of the prison and identified pictures of the building.

In an interview at the building in November, senior ORNISS official Adrian Camarasan said the basement is one of the most secure rooms in all of Romania. But he said Americans never ran a prison there.

“No, no. Impossible, impossible,” he said in an ARD interview for its “Panorama” news broadcast, as a security official monitored the interview.

The CIA prison opened for business in the fall of 2003, after the CIA decided to empty the black site in Poland, according to former U.S. officials, who spoke on condition of anonymity because they were not authorized to discuss the detention program with reporters.

Shuttling detainees into the facility without being seen was relatively easy. After flying into Bucharest, the detainees were brought to the site in vans. CIA operatives then drove down a side road and entered the compound through a rear gate that led to the actual prison.

The detainees could then be unloaded and whisked into the ground floor of the prison and into the basement.

The basement consisted of six prefabricated cells, each with a clock and arrow pointing to Mecca, the officials said. The cells were on springs, keeping them slightly off balance and causing disorientation among some detainees.

The CIA declined to comment on the prison.

Medical professionals in Israel are being accused of failing to document and report injuries caused by the ill-treatment and torture of detainees by security personnel in violation of their ethical code.

A report by two Israeli human rights organisations, the Public Committee Against Torture (PCAT) and Physicians for Human Rights (PHR), claims that medical staff are also failing to report suspicion of torture and ill-treatment, returning detainees to their interrogators and passing medical information to interrogators.

The report, Doctoring the Evidence, Abandoning the Victim, to be published later this month, is based on 100 cases of Palestinian detainees brought to PCAT since 2007. It says: “This report reveals significant evidence arousing the suspicion that many doctors ignore the complaints of their patients; that they allow Israeli Security Agency interrogators to use torture; approve the use of forbidden interrogation methods and the ill-treatment of helpless detainees; and conceal information, thereby allowing total immunity for the torturers.”

Alleged ill-treatment of detainees, some of whose cases are detailed in the 61-page report, includes beatings, being held for long periods in stress positions, hands being tightly tied with plastic cuffs, sleep deprivation and threats. Israel denies torturing or ill-treating prisoners.

Doctors are failing to keep proper medical records of injuries caused during interrogations. The report cites “countless cases wherein individuals testified to injuries inflicted upon them during detention or in interrogation, and yet the medical record from the hospital or the prison service makes no mention of it.”

Without such evidence, the report says, it is very difficult to obtain legal redress for ill-treatment. “Effective documentation of the injury can be a decisive factor in initiating an investigation, in bringing the perpetrators to trial and in ensuring that justice is carried out.”

A medical report should include a description and photograph of the injury, the victim’s account of events and a record of treatment, the report says.

Among the cases it cites is “BA”, arrested in November 2010. In an affidavit he alleged he was beaten, held in stress positions and deprived of sleep. He said he told doctors of his ill-treatment and said he was suffering from severe arm, leg and back pain. His medical record shows that he was seen by doctors but the only comment noted is that the patient had no complaints and was in good overall condition.