Survivors of the CIA torture program are suing the contractors who designed the most controversial and illegal program put in place in the post-9/11 era.
The Guardian reports:
In an extraordinary step, psychologists James Mitchell and Bruce Jessen now face a federal lawsuit for their role in convincing the CIA to subject terror suspects to mock drowning, painful bodily contortions, sleep and dietary deprivation and other methods long rejected by much of the world as torture.
In practice, CIA torture meant disappearances, mock executions, anal penetration performed under cover of “rehydration” and at least one man who froze to death, according to a landmark Senate report last year. Versions of the techniques migrated from the CIA’s undocumented prisons, known as black sites, to US military usage at Guantánamo Bay, Bagram Airfield in Afghanistan and Abu Ghraib in Iraq.
On behalf of torture survivors Suleiman Abdullah Salim and Mohamed Ahmed Ben Soud, as well as a representative of the estate of Gul Rahman – who froze to death in a CIA black site in Afghanistan – the American Civil Liberties Union (ACLU) filed the suit against Mitchell and Jessen on Tuesday in a federal court in Washington state, where the two currently reside. They seek compensatory damages of at least $75,000.
The suit calls the torture program a “joint criminal enterprise” and a “war crime” in which the CIA, Mitchell and Jessen colluded and from which Mitchell and Jessen financially profited.
Although numerous US government investigations have pierced the veneer of secrecy around the torture program, the program’s government architects have faced no legal reprisal. A Justice Department inquiry ended in 2012 without prosecutions. The new lawsuit, aimed not at government officials but the contractors Mitchell and Jessen, aims to break the trend.
“This case is about ensuring that the people behind the torture program are held accountable so history doesn’t repeat itself,” Steven Watt, one of the ACLU attorneys representing the three ex-detainees, told the Guardian.
“Impunity for torture sends the dangerous message to US and foreign officials that there will be no consequences for future abuses.
“This lawsuit is different from past ones because public government documents now provide exhaustive details on the CIA torture program, and they identify the people who were tortured and how it happened. The government has long abused the ‘state secrets’ privilege to prevent accountability for torture but at this stage, any claim that the torture of our clients is a state secret would be absurd.”
One of the litigants reacted to his torture by attempting to kill himself. Another was kept naked for “more than a month”, the suit alleges, and was subjected to “a form of waterboarding”.
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