October 09, 2007

SCOTUS Won't Hear Rendition Case

The Supreme Court today refused to take up the case of Khaled el-Masri, a German national who is trying to sue the U.S. government for allegedly kidnapping and torturing him in an Afghanistan prison for months beginning in late 2003. In what the New York Times describes as the "most extensively documented case of the C.I.A.'s controversial practice of 'extraordinary rendition,'" el-Masri claims he was eventually released with no explanation for his detainment, although he suspects it was a case of mistaken identity.

The justices rejected the case without giving a reason, but the move is being interpreted as a de facto agreement with the Bush administration's contention that hearing the case could compromise national security.

El-Masri, a Lebanese-born father of six, has been seeking a formal apology from the CIA and $75,000 in compensation for years, but his appeal has already been rejected by two lower U.S. courts. Although the Supreme Court's decision to follow suit isn't surprising, the Times suggests that it "could exacerbate tensions between the United States and Germany."

AP reports that el-Masri's account of what happened in late 2003 and early 2004 "has been bolstered by European investigations and U.S. news reports," and German Chancellor Angela Merkel has claimed that U.S. officials also acknowledged the "mistake," although they have not publicly confirmed or denied el-Masri's claims. Earlier this year, a German court issued arrest warrants for 13 suspects in el-Masri's alleged CIA abduction.

CNN, the London Guardian, Los Angeles Times and SCOTUSblog have more details on el-Masri's case.

Posted at 2:49 PM
Posted to: CIA, Supreme Court
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