US contractor can sue Donald Rumsfeld for alleged Iraq torture, judge rules

US contractor can sue Donald Rumsfeld for alleged Iraq torture, judge rules
The Guardian (One of the UK's leading newspapers), August 4, 2011
Posted: 2011-08-10 09:53:31
http://www.guardian.co.uk/world/2011/aug/04/american-sues-donald-rumsfeld-ira...

An American former military contractor who claims he was imprisoned and tortured by the US army in Iraq has been allowed by a judge to sue the former defence secretary Donald Rumsfeld personally for damages. The man, an army veteran whose identity has been withheld, worked as a translator for the US Marines in the volatile Anbar province when he was detained for nine months at Camp Cropper, a US military facility near Baghdad airport dedicated to holding "high-value" detainees. He was never charged with a crime. Court papers filed on his behalf say he was repeatedly abused, then released without explanation in August 2006. Two years later, he filed a suit in Washington arguing that Rumsfeld personally approved torturous interrogation techniques on a case-by-case basis and controlled his detention without access to the courts in violation of his constitutional rights. The Obama administration has represented Rumsfeld through the justice department and argued that he could not be sued personally for official conduct. It also argued that a judge could not review wartime decisions which are the constitutional responsibility of Congress and the president. District judge James Gwin rejected those arguments and said US citizens were protected by the constitution at home or abroad during wartime.

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