In Strasbourg, France, a 17-judge panel of the European Court of Human Rights ruled unanimously on Thursday that U.S. intelligence did in fact kidnap a German citizen in Macedonia. The court said he was locked in a hotel room for 23 days, then handed over to a C.I.A. rendition team at an airport, where he was severely beaten, sodomized, shackled and hooded." Later he was sent to Afghanistan and illegally detained for months. The German citizen, Khaled el-Masri, had no connection to terrorism, unless you count the fact that U.S. officials were seeking an Al Qaeda operative with a similar name. The court ordered Macedonia to pay Mr. Masri $78,000 in damages. He has been refused a day in American courts on flimsy claims of national secrets (that the names of the men who broke the law brutalizing him might be revealed). No official has been held accountable for his illegal detention and torture - or for that matter for the similar beastly treatment of other prisoners. The detention camp in Guantanamo Bay remains open, an indelible stain on the American justice system. There is no plausible reason to keep the prison open. There has been no official accounting of the Bush administration's detention policies, and perhaps there never will be - because in 2009, when he took office, President Obama decided to sweep that whole period of lawlessness and brutality under the rug. Disclosure did not suit his political agenda. He wanted, we were all told ad nauseam, to "look forward and not back." The torturers, and the men who gave orders to torture, have been absolved of responsibility.
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