A U.S. judge on Thursday dismissed a lawsuit by a former Guantanamo detainee seeking damages for torture and abuse he suffered while in U.S. custody.
Abdul Rahim Abdul Razak al Janko, a Syrian national, was captured in 2002 and was released in 2009 after finally being granted the right to challenge his detention. The U.S. government’s contention in that case was that Janko had been a member of al Qaeda in Afghanistan.
Judge Richard Leon threw out his most recent lawsuit seeking recompense, on the grounds that the U.S. Military Commissions Act passed by Congress stripped the federal courts of jurisdiction over any allegations by foreigners of detention, treatment, or conditions of confinement.
Janko claims he was exposed to various forms of physical and psychological torture, including being urinated on, being deprived of sleep for long periods, harsh interrogations and severe beatings. H tried to commit suicide 17 times and ended up suing several members of the Bush and Obama administrations last year for overseeing his detention and treatment.
Incidentally, Judge Leon is the one that granted Janko his release in 2009, but he faced considerable pressure throughout this most recent case. The Obama administration urged the lawsuit be dismissed on various procedural grounds, including that the court lacked jurisdiction and that the U.S. government is immune from such claims.
Except the US signed a treaty that says they cannot make a law that excepts themselves from such matters.
GENEVA CONVENTIONS ACT 1957 – SCHEDULE 3
Geneva Convention Relative to the Treatment of Prisoners of War of August 12, 1949
Article 130
Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the Convention: wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, compelling a prisoner of war to serve in the forces of the hostile Power, or wilfully depriving a prisoner of war of the rights of fair and regular trial prescribed in this Convention.
Article 131
No High Contracting Party shall be allowed to absolve itself or any other High Contracting Party of any liability incurred by itself or by another High Contracting Party in respect of breaches referred to in the preceding Article.
Somebody should tell you that laws and treaties were written for others to abide by. The US (and Israel) are exempt from all that crap.
So, let me get this right, Mr. Obama, you believe that the American government is immune from torture? Welcome to the Hall Of Torture Fame, Mr. Obama – you can now take you rightful position there with Stalin, Hitler and the gang. What a steep slide, an almost freefall drop from the Nobel Peace Prize to the Hall Of Torture.
And there are most likely many groups who feel that "their interests" need protection from British interference and are taking into consideration the bombing of London. They too find collateral damage as simply part of their war on terror, taking place in their countries.
When does this madness end?
More like, he can take his position, right next to Bush. In fact, you can start calling him Obush any day now.
Obama…what a guy! Making Amerika proud every day of his life. Not to mention the Nobel Peace Prize Committee. BTW, have any of those folks committed suicide over this yet? If not, they should or at least, they should consider it.
We're no more a country under the rule of law. What kind of country and what kind of government do we have then?
I filed 7 law suits at the federal court Springfield, ILL against US board of prison for continuous abuse lasted five years. I was treated like terrorist,beaten, called bomb carrier, placed in sulitary confienment for 455 days. My terrorisn charges were dropped by the feds in Detroit but until the last minutes of my release I was put under check in watch every 2 hours which deprived me of sleeping. For my surprised the Federal Judge granted me my law suit but after my relase when I was in halfway house they harrassed me then US Marshals picked me up and put me back in prison. To make it short they left me alone after I dropped my law suit. There's no way you can sue the FEDS. Even if you win you can't put them in prison because they own the prison..lol