Ten Questions: #4

Last month, when the United States had its human rights record reviewed by the United Nations in Geneva, U.S. State Department legal advisor Harold Koh assured the world that all alleged abuses of detainees in the custody of the U.S. military “have been thoroughly investigated and appropriate corrective action has been taken,” and that Special Prosecutor John Durham is actively investigating allegations of torture by the CIA and other civilian agencies.

Drawing largely from material we have covered so far in the The Torture Report, I have come up with a list of 10 follow-up questions that the press and public at large—indeed, all of us—should be asking the Obama administration about the status of U.S. compliance with its domestic and international commitments on Torture and Cruel, Inhuman, and Degrading Treatment. Today we ask question #4.

In granting the habeas corpus petition of Uthman Abdul Rahim Mohammed Uthman in March 2010, Judge Henry Kennedy Jr. wrote, “The court will not rely on the statements of Guantánamo detainees [Sharqwi Abdu Ali Al-] Hajj and [Sana Yislam Ali Al] Kazimi because there is unrebutted evidence in that record that, at the time of the interrogations at which they made the statements, both men had recently been tortured”—Hajj first in Jordan and then at the CIA's “Dark Prison” in Afghanistan, and Kazimi in both the United Arab Emirates and the Dark Prison.

Who ordered the rendition of Hajj and Kazimi to third countries and their abuse in CIA custody in Afghanistan , and who, if anyone, has been investigated or prosecuted in connection with their torture? Is their treatment in CIA custody in Afghanistan under investigation by Special Prosecutor John Durham?



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