Justice Denied

[babylonsister]

Justice Denied

By William A. Cohn

10/26/07 "ICH" --- - It was a case of mistaken identity. It could have happened to any one of us.

And yet, in 2007 it is hard for us to imagine the ongoing nightmare endured by Khaled El-Masri, the German citizen whose story helped to expose the ugly underbelly of the US-led global war on terror. On October 9th, Masri’s last hope at getting justice in the US was dashed when the Supreme Court declined to review the lower court rulings dismissing his case based on the government’s assertion that to give Masri his day in court would require the disclosure of state secrets and thus harm US national security.

His Kafkaesque plight brings to mind the inquisitorial “justice” meted out by totalitarian regimes. That the High Court refused to hear his case without comment is all too fitting for the silence and secrecy Masri encountered in his search for answers in the US. Now, Masri must turn to the European Court of Justice in the hopes that Europe will afford him the justice he was denied in America. Since the US is not a signatory to the European Convention on Human Rights, Masri should bring suit against Germany for its complicity in his mistreatment in order to obtain an adjudication affirming the mistreatment he received at the hands of US agents.

The Supreme Court decision, which the New York Times called a “Supreme Disgrace,” in essence accepted the Bush administration’s contention that the judiciary must ‘trust us’ that allowing Masri’s case to proceed would harm national security. But the constitutional rule of law is based on distrust, not trust. That is why, recognizing as axiomatic that ‘Power corrupts, and absolute power corrupts absolutely,’ the Constitution established a system of checks and balances by means of a separation of powers aimed at accountability. By rubber-stamping claims of executive privilege, the judiciary shirks its constitutional duty, and thus fails us all.

Masri’s story has been one of the most widely reported cases of so-called ‘extraordinary rendition’, the practice of secretly abducting suspected terrorists and indefinitely detaining them, often in countries known to torture prisoners. On December 6, 2005 Masri filed a lawsuit in US federal court against former CIA director George Tenet, and others, alleging that the defendants, acting as agents of the US government, kidnapped, wrongfully imprisoned, abused and tortured him. The 44-year-old married father of five alleges that on December 31, 2003 he was forcibly abducted while on holiday in Macedonia, detained incommunicado, handed over to US agents, then beaten, drugged, and taken to a secret prison in Afghanistan, where he was interrogated in a cruel and inhuman manner. His allegations have been investigated and substantiated by the German state prosecutor and the Council of Europe, the continent’s human rights watchdog.

It seems that Khaled El-Masri was thought to be Khalid al-Masri, the name given to the CIA by the Hamburg-based terror suspect Ramzi Binalshibh as the person who helped Mohammed Atta’s 9/11 cabal make contact with a senior Qaeda member in Germany. Likely, the CIA’s ‘enhanced interrogation techniques’ produced false ‘intelligence’ and they chased a fictive person with reckless abandon. The validity of Masri’s German passport was never checked before he was flown to Afghanistan. German Chancellor Merkel told the press that US Secretary of State Rice acknowledged to her the mistake with Masri. Rice’s staffers subsequently denied any such admission having been made. Rice, like all Bush officials, has refused to comment on Masri’s claims.

more...

http://www.informationclearinghouse.info/article18623.htm

[Eric J in MN]

1. Maybe Congress should pass a law explicitly giving the right...

...of victims of extraordinary rendition to sue and instructing judges not to dismiss such lawsuits on national security grounds.