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12 July 2008

Former Abu Ghraib Detainees Sue Contractors Over Alleged Torture; Hamdan Seeks Delay In Military Trial To Challenge The Legality Of The Military Commission; UPDATE: Senate Approves Bill Granting Immunity For Phone Companies

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By Andrew Benfield
Impunity Watch Senior Desk Officer, North America

MARYLAND, United States – On June 30, 2008, four former Abu Graib detainees filed federal lawsuits that allege they were tortured by United States defense contractors. 

The suit alleges that prisoners were subjected to “forced nudity, electrical shocks, mock executions and other inhumane treatment.” 

Abu Graib first came under scrutiny in 2004 when pictures were released of United States soldiers posing with detainees in inhumane positions.  Stemming from this event, eleven United States soldiers were convicted and five others were disciplined. 

The four former detainees are seeking “payments high enough to compensate the detainees for their injuries, and to deter contractors from such conduct in the future.”

For more information, please see:

Yahoo! News – Abu Graib inmates sue contractors, claim torture – 30 June 2008

BBC News – Abu Graib inmates sue US firms – 1 July 2008

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WASHINGTON, United States – On July 3, 2008, lawyers for Salim Hamdan, Osama bin Laden’s former driver, have requested a civilian judge delay Hamdan’s military trial. 

Hamdan has challenged the “legality of the military commission system since 2004.”  After the Supreme Court’s recent ruling allowing Guantanamo detainees to use civilian courts, Hamdan wishes to renew his challenge to the legality of the commission.

Hamdan’s trial is scheduled to begin on July 21, 2008, a date that will not allow a civilian judge to consider “whether the military commission system is legal.” 

Hamdan has requested that a United States District Court judge order the military to delay his trial while he challenges his “detention and the military commission process.”

For more information, please see:

USA Today – Detainee asks civilian judge to delay 1st Guantanamo trial – 3 July 2008

Washington Post – Former Driver for Bin Laden Seeks Delay in Military Trial – 4 July 2008

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WASHINGTON, United States – On July 9, 2008, the United States Senate approved a bill that gave “legal immunity for phone companies that cooperated in the National Security Agency wiretapping program” President Bush approved in the wake of the September 11 attacks. 

Furthermore, the bill gives the executive branch broader latitude on “eavesdropping on people abroad and at home” who it believes are “tied to terrorism.”  The bill also reduces the role of the secret intelligence court in “overseeing certain operations.” 

The bill is seen as an “overhaul” of the Foreign Intelligence Surveillance Act passed in 1978. 

For more information, please see:

NY Times – Senate Approves Bill to Broaden Wiretap Powers – 10 July 2008

BBC News – Bush Approves Surveillance Bill – 10 July 2008

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