Torture, Rendition, and Detention

Case Status 

• Two Regional Human Rights Tribunals Forge Ahead Despite Trump’s Attacks on International Institutions (2020, Just Security Blog Post)
• Update on Al-Asad v. Djibouti Communication (2020)

Request for Review

• Request for Review of 2014 Admissibility Decision (2014)
• Rendition Victim Seeks Second Chance at Justice (2014, press release)

Admissibility Proceedings 

• Petitioner’s Arguments on Admissibility (2011)
• Declaration of Mohammed al-Asad (2011)
• Declaration of Zahra Ahmed Mohamed (2011)
• Exhibits Attached to Arguments on Admissibility (2011)
• Factual Summary of Publicly Available Information on U.S. Rendition Program and Djibouti’s Role in the Program (2011)
• Document Index (A-T) Attached to Factual Summary of Publicly Available Information  (2011)
• Document Index (U-PP) Attached to Factual Summary of Publicly Available Information (2011)
• African Commission Urged to Take on Groundbreaking Extraordinary Rendition Case (2011, press release)
• Groundbreaking Rendition Case to be Heard by African Commission  (2013, press release)

Complaint

• Complaint to the African Commission on Human and Peoples’ Rights (2009)

• Seeking Justice Before the Inter-American Commission: Victims Hand Biden Administration an Opportunity to End Impunity (2020, press release)
• Two Regional Human Rights Tribunals Forge Ahead Despite Trump’s Attacks on International Institutions (2020, Just Security Blog Post)
• Survivors of U.S. Torture and Rendition to Be Heard Before International Tribunal (2020, press release)
• IACHR Admissibility Decision (2020)
• IACHR Forwards Admissibility Decision to U.S. Government (2020)
• IACHR Forwards Admissibility Decision to Petitioners (2020)
• IACHR Forwards Petitioners’ Response to U.S. Government (2019)
• Petitioners’ Response to U.S. Government Observations (2018)
• IACHR Forwards U.S. Government Response to Petitioners and Requests Reply (2018)
• Petitioners’ Response to IACHR that Never Forwarded U.S. Government Response to Petition (2018)
• IACHR Considers Case Closure Due to Alleged Inactivity (2018)
• U.S. Government Response to IACHR Petition (2016)
• IACHR Informs U.S. Government of Petitioners’ Complaint (2016)
• IACHR Informs Petitioners that Complaint Forwarded to U.S. Government (2016)
• Rendition Victims Seek Justice before Inter-American Commission (2011, press release)
• Petition to the Inter-American Commission on Human Rights (2011)

Below are some of the filings in the ongoing proceedings before the International Criminal Court. The full case docket is found on the ICC’s website, here.

• Prosecutor’s Report on Afghanistan’s Request to Defer the Investigation (2020)
• Afghanistan’s Request to the Prosecutor to Defer the Investigation (2020)
• International Criminal Court Authorizes Investigation in U.S. Torture Program, Other International Crimes (2020, press release)
• Separate Opinion by Judge Ibáñez Carranza (2020)
• Appeals Chamber Decision Reversing the Pre-Trial Chamber and Authorizing the Investigation (2020)
• Dissent by Judge Ibáñez Carranza on Victim Standing (2019)
• Decision by Appeals Chamber on Victim Standing (2020)
• International Criminal Court Urged to Reverse Decision that Blocked Investigation into U.S. Torture (2019, press release)
• Transcript from Day 3 of Oral Hearing before the Appeals Chamber (2019)
• Transcript from Day 2 of Oral Hearing before the Appeals Chamber (2019)
• Transcript from Day 1 of Oral Hearing before the Appeals Chamber (2019)
• Written Submissions by the Government of Afghanistan (2019)
• Amicus Brief by FIDH, ECCHR, Human Rights Watch, REDRESS, and Other Human Rights Groups (2019)
• Amicus Brief by Former International Chief Prosecutors (2019)
• Amicus Brief by Amnesty International (2019)
• Amicus Brief by Professor Gabor Rona (2019)
• Seven Victims of CIA Rendition Program’s Response to Prosecutor’s Appellate Brief (2019)
• Prosecutor’s Response to Appellate Briefs Submitted by Victims (2019)
• Victims of U.S. Torture, Indefinite Detention Appeal ICC Ruling That Blocked Investigation (2019, press release)
• Appellate Brief Submitted by Seven Victims of CIA Rendition Program to Appeals Chamber (2019)
• Appellate Brief by 82 Victims from Afghanistan & Two Organizations to Appeals Chamber (2019)
• Appellate Brief Submitted by Prosecutor to Appeals Chambers (2019)
• Partial Dissent by Judge Mindua on Prosecutor’s and Victims’ Request for Leave to Appeal (2019)
• Pre-Trial Chamber’s Decision on Prosecutor’s and Victims’ Request for Leave to Appeal (2019)
• Amicus Brief by 57 Afghani Organizations Submitted to the Pre-Trial Chamber (2019)
• Office of the Prosecutor Observations on Diverging Appellate Proceedings Submitted to Appeals Chamber & Pre-Trial Chamber (2019)
• Notice of Appeal by 82 Victims from Afghanistan & Two Organizations to Appeals Chamber (2019)
• Notice of Appeal by Victim to Appeals Chamber (2019)
• Notice of Appeal by Six Victims of CIA Rendition Program to Appeals Chamber (2019)
• 82 Victims from Afghanistan & Two Organizations Request Leave to Appeal Decision from Pre-Trial Chamber (2019)
• Prosecutor’s Request to Pre-Trial Chamber for Leave to Appeal Decision (2019)
• Concurring Opinion of Judge Mindua Rejecting the Prosecutor’s Request for Authorization of an Investigation (2019)
• Pre-Trial Chamber Opinion Rejecting the Prosecutor’s Request for Authorization of an Investigation (2019)
• NYU Global Justice Clinic Files Victim Statement Calling on International Criminal Court to Hold Perpetrators of CIA Torture Program Accountable (2018, press release)
• Mohammed al-Asad Victim Representation Statement Filed by the NYU Global Justice Clinic (2018)
• Pre-Trial Chamber Order Concerning Victim Representation Statements (2017)
• Prosecutor’s Request for Authorization of an Investigation (2017)

U.S. Supreme Court

• Denial of Petition for Writ of Certiorari (2011)
• Petition for Writ of Certiorari (2010)

U.S. Ninth Circuit Court of Appeals

• Appeals Court Decision Denies Extraordinary Rendition Victims their Day in Court (2010, ACLU press release)
• Opinion Affirming Dismissal by U.S. District Court (2010)
• Reply Brief of Plaintiffs-Appellants on Rehearing En Banc (2009)
• Brief for the United States on Rehearing En Banc (2009)
• Order Granting Motions for Rehearing En Banc (2009)
• Plaintiffs-Appellants’ Opposition to Motions for Rehearing En Banc (2009)
• Jeppesen Dataplan Inc. Motion for Rehearing En Banc (2009)
• U.S. Motion for Rehearing En Banc (2009)
• Ninth Circuit Court Opinion Reversing District Court (2009)
• Reply Brief of Plaintiffs-Appellants (2008)
• On Behalf of Rendition Victim, Clinic Joins ACLU in Lawsuit against Boeing Subsidiary (2008, ACLU press release)
• Brief of Plaintiffs-Appellants (2008)

U.S. District Court for the District of Northern California

• Order by Judge James Ware Granting the U.S. Motion to Dismiss (2008)
• Hearing Transcript on U.S. Motion to Dismiss (2008)
• Reply in Support of the U.S. Motion to Dismiss (2008)
• Plaintiffs’ Opposition to the United States’ Motion to Dismiss (2007)
  • Declaration of Mohamed Farag Ahmad Bashmilah (2007)
  • Declaration of Margaret Satterthwaite about Mohamed Bashmilah (2007)
  • Declaration of Bisher al-Rawi (2007)
  • Declaration of Abou Elkassim Britel (2007)
  • Declaration of Anna Wigenmark about Ahmed Agiza (2007)
  • Declaration of Clive-Stafford Smith about Binyam Mohamed (2007)
  • Declaration of Sean Belcher, Former Jepessen Data Plan Employee (2007)
  • Declaration of Steven Watt about Public Domain Documents (2007)
• Motion to Dismiss by the United States (2007)
• Motion to Intervene by the United States (2007)
• Statement of Interest of the United States (2007)
• First Amended Complaint (2007)

The Clinic has used the Freedom of Information Act (FOIA) to challenge the US government’s secrecy around its national security and counter-terrorism programs. In 2007, the Clinic partnered with the Center for Constitutional Rights and Amnesty International USA to sue the U.S. government for failing to produce documents about the secret detention and rendition program, including records related to: secret detention and transfer of detainees held either in so-called “black site” detention facilities or eventually transferred to Guantánamo Bay; policies and procedures utilized for such programs; identities of individuals detained or transferred and the locations of their detention or transfer; activities of private contractors and non-governmental actors; and details on the injuries and treatment of individuals detained or transferred.

US District Court, Southern District of New York

• Complaint (2007)
• District Court Opinion and Order (2010)
• Released Documents (2007-2010, NYU Global Justice Clinic)
• Released Documents (2007-2010, Center for Constitutional Rights)

Thematic Hearing on the Human Rights Situation of Persons Affected by the US Rendition, Detention, and Interrogation Program

• Thematic Hearing (October 2015, video)
• Thematic Hearing Written Submission (October 2015)
• Thematic Hearing Written Submission Annex: US Failure to Prosecute Senior Officials for Torture (Harvard International Human Rights Clinic, October 2015)
• Thematic Hearing Request  (July 2015)

2020 Submission to the Special Rapporteur on Torture 

• The Psychological Torture of Families: The Forgotten Victims of Extraordinary Rendition and Family Separation (Full Submission, February 2020)
• The Psychological Torture of Families: The Forgotten Victims of Extraordinary Rendition and Family Separation (Executive Summary, February 2020)

2015 Universal Periodic Review of the United States

• Explainer on Legal Obligation to Compensate Torture Victims (March 2015)