Ali v. Rumsfeld - Case Profile
What's at Stake
In March 2005, the ACLU and Human Rights First filed a landmark lawsuit charging former Defense Secretary Donald Rumsfeld and other senior military leaders with direct responsibility for the torture and abuse of detainees. The suit was brought on behalf of nine men subjected to torture and abuse under Rumsfeld's command.
Summary
The lawsuit set forth the legal basis for holding Rumsfeld and other high-ranking members of the armed services responsible for torture and abuse of civilians detained by the U.S. military in Iraq and Afghanistan. In the case's December 2006 hearing, the defendants claimed they cannot be held legally liable for the torture of civilians in U.S. custody. The ACLU argued that the Constitution and international law clearly prohibit torture and require commanders to act when they know or should have known of abuses. In addition to the orders they gave directly, former Secretary Rumsfeld and the other defendants were repeatedly notified of abuse and torture at detention facilities in Iraq and Afghanistan by military reports, the International Red Cross and other reports and complaints by human rights organizations.
The district court dismissed the case in March 2007 on the grounds that constitutional protections did not apply to Iraqi and Afghan nationals in U.S. custody in those countries, and that the U.S. officials were immune from lawsuits stemming from actions taken "within the scope of their official duties." In his ruling, Chief Judge Thomas A. Hogan of the Federal District Court for the District of Columbia wrote that the case is "lamentable" and "appalling," and noted "the facts alleged in the complaint stand as an indictment of the humanity with which the United States treats its detainees." The appeals court upheld the dismissal in June 2011.
Legal Documents
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11/29/2010
Ali v. Rumsfeld - Reply Brief for Appellants
Date Filed: 11/29/2010
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11/15/2005
ACLU Report Regarding the Implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by the United States (CAT)
Date Filed: 11/15/2005
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10/15/2010
Ali v. Rumsfeld - Joint Brief for Defendants-Appellees
Date Filed: 10/15/2010
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09/23/2010
Ali v. Rumsfeld - Brief Amici Curiae of Concerned Retired Military Officers and Military law And History Scholars and the National Institute of Military Justice in Support of Plaintiffs-Appellants
Date Filed: 09/23/2010
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09/22/2010
Ali v. Rumsfeld - Brief of Amici Curiae Human Rights and Torture Treatment Organizations in Support of Plaintiffs-Appellants Seeking Reversal
Date Filed: 09/22/2010
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09/19/2005
ACLU response to HRC's request of August 3, 2005, for information on counter-terrorism measures adopted by the United States following the events of September 11, 2001
Date Filed: 09/19/2005
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09/15/2010
Ali v. Rumsfeld - Brief for Appellants
Date Filed: 09/15/2010
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06/21/2011
Ali v. Rumsfeld - Appeals Court Ruling Affirming Dismissal
Date Filed: 06/21/2011
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03/27/2007
Ali v. Rumsfeld - Order Granting Motion to Dismiss
Date Filed: 03/27/2007
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03/19/2012
Sabar et al. Petition to the Inter-American Commission on Human Rights (torture by U.S. military in Afghanistan and Iraq)
Date Filed: 03/19/2012
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03/01/2005
Pappas Complaint
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03/01/2005
Press Release in Arabic
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02/28/2005
Rumsfeld Complaint
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02/28/2005
Karpinski Complaint
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01/05/2006
Ali et al. v Rumsfeld Consolidated Amended Complaint For Declaratory Relief and Damages
Date Filed: 01/05/2006
Press Releases
ACLU and Human Rights First Express Disappointment at Dismissal of Rumsfeld Torture Case
In Torture Case Against Rumsfeld, Lawyers Cite “Widespread Pattern†of Abuse, Need for Accountability
Pentagon Releases Whitewash Report on Detainee Abuse
Secretary Rumsfeld Attempts to Shirk Responsibility for U.S. Torture Policies, Say ACLU and Human Rights First
ACLU Releases First Government Authentication of Abu Ghraib Abuse Images Along With One New Photo