Human Rights First's U.S. Law and Security Digest is a weekly report to help keep you up to date about developments in U.S. national security law and policy that have an impact on civil liberties and human rights.

U.S. ACKNOWLEDGES SECRET PRISONS RESUMED OPERATIONS
U.S. forces captured an Iraqi man thought to be a senior member of al Qaeda in 2006 and held him in a secret overseas prison until his recent transfer to Guantanamo, the Pentagon said last week. The announcement marks the first official acknowledgement that secret CIA prisons were operating after the president announced the transfer of 14 suspected al Qaeda members from the prisons in September. Abd al-Hadi al-Iraqi, whom the military describes as a top aide to Osama bin Laden, was transferred to Guantanamo Bay from a CIA prison last week. Officials are not commenting on whether the CIA is currently holding additional suspects. Under international law, secret, incommunicado detentions are illegal under all circumstances, and the United States has criticized many other countries for operating secret prisons. Human Rights First reported on U.S.-run secret prisons in 2004 and 2005 and found that in addition to violating U.S. and international law, secret prisons inevitably breed abuses. Read more.

DETAINEES CLEARED FOR RELEASE REMAIN AT GUANTANAMO
Some 82 detainees at Guantanamo Bay are eligible for release, but face months or years more in prison while the U.S. government attempts to secure destinations for their transfers. In some cases, the countries where the prisoners are citizens or residents have refused to accept them. In other cases they could face torture if returned home. Such transfers are illegal under U.S. law. In addition, the U.S. government has refused to grant asylum to detainees who cannot be returned home, and European allies and other nations have followed suit. U.S. officials said they intend to prosecute 60 to 80 of Guantanamo's roughly 385 detainees and to release the rest. Meanwhile the Justice Department sought to restrict communications between detainees and their lawyers. Lawyers for the detainees warned if the efforts succeed, they could see a surge in despair and suicides. Read more.

BUSH ADMINISTRATION OFFICIALS ASK FOR GREATER SURVEILLANCE AUTHORITY
Senior intelligence and Justice Department officials requested new rules Tuesday to ease the restrictions on collecting information on terrorism suspects. Agents are missing information they should be collecting because of limits on how information can be gathered, Director of National Intelligence Mike McConnell told the Senate Intelligence Committee. The president's secret surveillance program, set up after the Sept. 11 attacks, allowed the government to intercept emails and phone calls between Americans and people overseas if one party was thought to have ties to terrorism. The program was publicly revealed in 2005, and in January 2007 the Bush Administration agreed to subject the program to review by the Foreign Intelligence Surveillance Court, which issues warrants related to national security. The proposed changes include shifting the focus of warrants to the person targeted rather than the means of communication, and shielding telecommunications companies from liability for sharing personal data with the government. Read more.

AFGHAN PRESIDENT CRITICIZES CIVILIAN DEATHS
High numbers of civilian casualties in counterterrorism operations are taking a toll on the Afghan people, Afghan President Hamid Karzai said Wednesday, adding that he can no longer accept the civilian deaths resulting from the U.S.-led operation against the Taliban. The statement came as reports surfaced this week that up to 51 civilians were killed in western Afghanistan after U.S.-led bombing raids there. While opinion polls suggest most Afghans do not support the Taliban or other violent groups, the mounting civilian casualties are also weakening support for Karzai's government and NATO forces, experts said. U.S. and NATO officials said they were taking precautions to minimize civilian deaths, but numbers have grown as fighting between the Taliban and international forces has intensified. The Associated Press counted 151 civilians killed by violence in Afghanistan so far this year, including at least 51 attributed to international forces, not counting the most recent deaths. Read more.

TERRORISM ATTACKS UP LAST YEAR, GOVERNMENT REPORTS
Terrorism attacks and terrorism-related casualties increased dramatically in 2006, mostly because of increased fighting in Iraq and Afghanistan, according to the State Department's annual Country Reports on Terrorism released Monday. More than half of the terrorism-related deaths worldwide last year occurred in Iraq. Although the report said efforts to combat terrorism were making some headway in terms of better border security, tighter limits on financing, and the disbanding of some terrorist groups, it added that al Qaeda has also adapted to counterterrorism measures. Al Qaeda has increasingly turned to local recruits rather than exporting people to carry out plots, the report said. More than 20,000 people died last year as a result of terrorism. Read more.

MAY 10: SERVICE IN INTERNATIONAL LAW
The D.C. International Law Section of the American Society of International Law will host an annual event to honor public service in international law. Human Rights First Washington Director Elisa Massimino will receive the Community Service Award. The reception and program will take place from 5 to 7 p.m. at McKenna Long & Aldridge LLP, 1900 K Street, NW, Washington, D.C. More information.

back to top

© 2006 Human Rights First