A new report released by Amnesty International highlights the continued struggle for accountability faced by those who have been subject to counter-terrorism abuses.

Amnesty International points out that despite President Obama’s election promises, not all unlawful practices enacted initially under the Bush administration have ended. There have been a number of lawsuits brought against the US administration, however, they have been met with a veil of secrecy and have been blocked at every stage.

The right to an effective remedy for human rights abuses is enshrined under international law, in these cases, the International Covenant on Civil and Political Rights (ICCPR) and the Convention against Torture (CAT). The ICCPR prevents arbitrary detention, torture, cruel and inhuman treatment, unfair trials and discrimination and protects the right to the enjoyment of all human rights and equal protection of the law.

The UN Human Rights Committee has affirmed the ICCPR by declaring that the right to an effective remedy can never be derogated from, even in times of national emergency. This means that the US has the obligation to provide victims with access to justice. The CAT goes further, providing that the state party has an obligation to provide victims with compensation and the means for full rehabilitation.

Some of the Cases

Rasul V. Myers

UK nationals, Shafiq Rasul, Asif Iqbal, Rhuhel Ahmed and Jamal al-Harith were held for two years in Guantanamo Bay and were subjected to treatment that has been condemned by Amnesty International as breaching the CAT. After years of appeals, the Obama administration has continued to make it impossible for the four men to receive remedy for their treatment and detention.

Under US law, US government officials who are acting ‘within the scope of their employment’, are automatically granted absolute immunity from both civil liability and international law remedies. The US administration has continuously argued that the UK residents have no right to have access to US courts because they do not hold constitutional protections. The four men have taken the case to the US Supreme Court, however, the Obama administration is fighting to have the case thrown out. This would leave the men with no remedy in the US and a lack of accountability for those allegedly responsible for their torture and mistreatment.

Amnesty International believes that the US government has a clear responsibility to investigate and bring those who violated international law to justice. The Obama administration is failing to comply with its international law obligations.

Mohamed V. Jeppesen

Five men, UK resident Binyam Mohamed, Italian national Abou Elkassim Britel, Egyptian national Ahmed Agiza, Yemeni national Muhammad Faraj Ahmed Bashmilah, and Bisher al-Rawi an Iraqi national and UK permanent resident, brought a case against the US administration in 2007. They allege that they were subjected to the rendition program, as well as torture, cruel, inhuman and other degrading treatment.

The case alleges that Jeppesen Dataplan, Inc., a subsidiary of the Boeing corporation, provided ‘direct and substantial services’ to the CIA for the rendition program.

The US administration invoked the “state secrets privilege” which is enshrined under constitutional law. The privilege allows for the Government to assert state secrets when “there is a reasonable danger that compulsion of the evidence will expose military matters which, in the interests of national security, should not be divulged.” The government asserted that if the case was to go ahead, ‘exponentially grave damage’ would be done to national security due to having to reveal secret CIA operations and methods as well as causing damage by revealing which foreign governments the US and the CIA had cooperated with.

The new Obama administration has adopted the same stance as its predecessor and asserted that it ‘had no choice’ but to invoke the state secrets privilege due to national security concerns despite acknowledging the ‘harsh consequences’ for the five men. However, Amnesty believes that the sympathy expressed for the ex-detainees rings hollow due to the continued lack of action and reluctance to hold those who were responsible accountable for human rights abuses.

What Amnesty is Calling for

Amnesty International believes that the Obama administration should enact an independent commission of inquiry to investigate ALL aspects of the USA’s detention and interrogation policies and practices since September 11, 2001. Any act constituting a criminal offense under international law should be investigated and individuals should be subject to prosecution; this includes not only the individuals who directly perpetrated the violations, but also those who knew about the acts and did not report it, and those who authorised or knowingly provided assistance to the acts. Amnesty International also believes that these acts should not be limited to members of US forces, but also its agents, including private contractors and foreign agents.

“Rejecting impunity is crucial not only for dealing with past human rights violations, but also for preventing recurrences. The US administration must ensure that investigations and prosecutions in individual cases are initiated while simultaneously working to remove legal or practical or political obstacles to criminal responsibility.”

Read about some of the other cases in the full report, “USA: Blocked at every turn. The absence of effective remedy for counter-terrorism abuses” here