Wednesday, March 28, 2007

Judge Lamentably Dismisses Lawsuit Against Rumsfeld
by Matt Apuzzo

WASHINGTON — Former Defense Secretary Donald H. Rumsfeld cannot be tried on allegations of torture in overseas military prisons, a federal judge said Tuesday in a case he described as “lamentable.”

U.S. District Judge Thomas F. Hogan threw out a lawsuit brought on behalf of nine former prisoners in Iraq and Afghanistan. He said Rumsfeld cannot be held personally responsible for actions taken in connection with his government job.

The lawsuit contends the prisoners were beaten, suspended upside down from the ceiling by chains, urinated on, shocked, sexually humiliated, burned, locked inside boxes and subjected to mock executions.

Lawyers for the American Civil Liberties Union and Human Rights First had argued that Rumsfeld and top military officials disregarded warnings about the abuse and authorized the use of illegal interrogation tactics that violated the constitutional and human rights of prisoners.

Hogan appeared conflicted during arguments last year. On one hand, he said he was hesitant to allow allegations of torture to go unheard. On the other hand, he said the case was unprecedented.

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