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4 - Separation of Powers and Human Rights Cases

Published online by Cambridge University Press:  05 June 2012

Jeffrey Davis
Jeffrey Davis
Affiliation:
University of Maryland, Baltimore
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Summary

CASES AGAINST THE UNITED STATES

In October 2001, Jamal Al-Harith, a British father of three, traveled to Pakistan to study Muslim culture. On a drive to Turkey, his car was intercepted by armed men near the Afghan border. There, Al-Harith was arrested by Taliban forces and accused of being a spy for Great Britain. He was imprisoned in Kandahar, Afghanistan, where the Taliban tortured him. When the Taliban fell to U.S. and allied forces Al-Harith was released. He immediately sought help from British embassy officials in an effort to get home. Before arrangements could be made, however, U.S. forces arrested him and transported him to the U.S. detention facility at Guantánamo Bay, Cuba. There, according to Al-Harith and other detainees, they were subjected to

various forms of torture, which include hooding, forced nakedness, housing in cages, deprivation of food, forced body cavity searches, subjection to extremes of heat and cold, harassment in the practice of their religion, forced shaving of religious beards, placing the Koran in the toilet, placement in stress positions, beatings with rifle butts, and the use of unmuzzled dogs for intimidation.

These men asserted that “Shortly before [their] arrival in Guantánamo Bay in December 2002, defendant Donald Rumsfeld signed a memorandum approving more aggressive interrogation techniques that allegedly departed from the standards of care normally afforded military prisoners.”

Type
Chapter
Information
Justice Across Borders
The Struggle for Human Rights in U.S. Courts
 , pp. 89 - 163
Publisher: Cambridge University Press
Print publication year: 2008

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