Mohamed v. Jeppesen Dataplan, Inc. | |
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Court | United States Court of Appeals for the Ninth Circuit |
Full case name | Binyam Mohamed, et al., v. Jeppesen Dataplan, Inc. |
Argued | February 9, 2009 |
Reargued | December 15, 2009 |
Decided | September 8, 2010 |
Citation(s) | 614 F.3d 1070 |
Case history | |
Prior history | 539 F. Supp. 2d 1128 (N.D. Cal. 2008); 579 F.3d 943 (9th Cir. 2009) |
Subsequent history | Cert. denied, May 16, 2011 |
Court membership | |
Judge(s) sitting | Alex Kozinski, Mary M. Schroeder, William C. Canby, Michael Daly Hawkins, Sidney R. Thomas, Raymond C. Fisher, Richard A. Paez, Richard C. Tallman, Johnnie B. Rawlinson, Consuelo M. Callahan, Carlos Bea |
Case opinions | |
Majority | Fisher, joined by Kozinski, Tallman, Rawlinson, Callahan, Bea |
Concurrence | Bea |
Dissent | Hawkins, joined by Schroeder, Canby, Thomas, Paez |
Mohamed et al. v. Jeppesen Dataplan, Inc., is a case brought by the American Civil Liberties Union (ACLU) on behalf of five victims of extraordinary renditions against Jeppesen Dataplan, Inc., which had provided services that the Central Intelligence Agency (CIA) used to perform renditions.
According to an article that appeared in October 2006 in The New Yorker , the CIA is a Jeppesen customer. The article claims that the company has provided navigational and logistics support to the agency's extraordinary rendition program. [1] The article says Jeppesen provided "flight plans, clearance to fly over other countries, hotel reservations, and ground-crew arrangements" to the CIA. According to the article, an unnamed former employee quoted Bob Overby, Jeppesen's managing director, as saying at a meeting, "We do all of the extraordinary renditions flights—you know, the torture flights. ... Let's face it, some of those flights end up that way... It certainly pays well." [2]
On November 16, 2006, Amnesty International staged a demonstration in front of the company's International Trip and Flight Planning Office in San Jose, California to protest their involvement in the rendition program. [3] In December 2006 representatives of the South Bay Mobilization for Peace and Justice group asked the San Jose City Council to remove a Jeppesen banner from a city skating rink. The group also holds a weekly vigil at the company's offices. [4]
On May 30, 2007, the ACLU sued Jeppesen on behalf of five plaintiffs who had been tortured in Morocco, Egypt and a United States base in Afghanistan. The suit alleged that, since 2001, Jeppesen provided support for at least seventy flights for the CIA's secret extraordinary rendition program, transporting prisoners overseas to be tortured. [5] The suit was dismissed in February 2008 on a motion from the United States government, on the theory that proceeding with the case would reveal state secrets and endanger relations with other nations that had cooperated. [6] [7]
On September 8, 2010, in a 6–5 en banc ruling, the United States Court of Appeals for the Ninth Circuit affirmed the dismissal of the suit, [8] [9] and the ACLU filed an appeal with the Supreme Court in December 2010. [10]
On May 16, 2011, the Supreme Court declined to review the decision of the Ninth Circuit to dismiss the case. [11]
Maher Arar is a telecommunications engineer with dual Syrian and Canadian citizenship who has resided in Canada since 1987.
Extraordinary rendition is a euphemism for state-sponsored forcible abduction in another jurisdiction and transfer to a third state. The phrase usually refers to a United States-led program used during the War on Terror, which had the purpose of circumventing the source country's laws on interrogation, detention, extradition and/or torture. Extraordinary rendition is a type of extraterritorial abduction, but not all extraterritorial abductions include transfer to a third country.
Mamdouh Habib is an Egyptian and Australian citizen with dual nationality, best known for having been held for more than three years by the United States as an enemy combatant, by both the Central Intelligence Agency (CIA) and military authorities. He was sent by extraordinary rendition from Pakistan to Egypt after his arrest. He was held the longest at the Guantanamo Bay detention camp as an enemy combatant. Finally released without charges in January 2005, Habib struggled to have his account of his experiences believed, as he alleged he had been tortured by the CIA, Egyptians, and US military, at times with Australian intelligence officers present. For some time, each of the governments denied his allegations, but they have gradually been confirmed.
The Salt Pit and Cobalt were the code names of an isolated clandestine CIA black site prison and interrogation center outside Bagram Air Base in Afghanistan. It was located north of Kabul and was the location of a brick factory prior to the Afghanistan War. The CIA adapted it for extrajudicial detention.
The state secrets privilege is an evidentiary rule created by United States legal precedent. Application of the privilege results in exclusion of evidence from a legal case based solely on affidavits submitted by the government stating that court proceedings might disclose sensitive information which might endanger national security. United States v. Reynolds, which involved alleged military secrets, was the first case that saw formal recognition of the privilege.
Ahmed Agiza and Muhammad Alzery were two Egyptian asylum-seekers who were deported to Egypt from Sweden on December 18, 2001, apparently following a request from the United States Central Intelligence Agency. The forced repatriation was criticized because of the danger of torture and ill treatment, and because the deportation decision was executed the same day without notifying the lawyers of the asylum seekers. The deportation was carried out by American and Egyptian personnel on Swedish ground, with Swedish servicemen apparently as passive onlookers.
Aero Contractors Ltd., was a private charter company which was based in Smithfield, North Carolina, and was said by some to have provided discreet air transport services for the Central Intelligence Agency (CIA).
Binyam Ahmed Mohamed, also referred to as Benjamin Mohammed, Benyam Mohammed or Benyam Mohammed al-Habashi, is an Ethiopian national and United Kingdom resident, who was detained as a suspected enemy combatant by the US Government in Guantanamo Bay prison between 2004 and 2009 without charges. He was arrested in Pakistan and transported first to Morocco under the US's extraordinary rendition program, where he claimed to have been interrogated under torture.
Bisher Amin Khalil Al-Rawi is an Iraqi citizen, who became a resident of the United Kingdom in the 1980s. Arrested in Gambia on a business trip in November 2002, he was transferred to United States military custody and held until 30 March 2007, in extrajudicial detention in the United States Guantanamo Bay detention camp at its naval base in Cuba. His Guantanamo Internment Serial Number was 906. The Department of Defense reports that Al Rawi was born on 23 December 1960, in Baghdad, Iraq.
Khaled El-Masri is a German and Lebanese citizen who was mistakenly abducted by the Macedonian police in 2003, and handed over to the U.S. Central Intelligence Agency (CIA). While in CIA custody, he was flown to Afghanistan, where he was held at a black site and routinely interrogated, beaten, strip-searched, sodomized, and subjected to other cruel forms of inhumane and degrading treatment and torture. After El-Masri held hunger strikes, and was detained for four months in the "Salt Pit", the CIA finally admitted his arrest was a mistake and released him. He is believed to be among an estimated 3,000 detainees, including several key leaders of al Qaeda, whom the CIA captured from 2001 to 2005, in its campaign to dismantle terrorist networks.
Jeppesen is an American company offering navigational information, operations planning tools, flight planning products and software. Jeppesen's aeronautical navigation charts are often called "Jepp charts" or simply "Jepps" by pilots, due to the charts' popularity. This popularity extends to electronic charts, which are increasingly favored over paper charts by pilots and mariners as mobile computing devices, electronic flight bags, integrated electronic bridge systems and other display devices become more common and readily available.
The Center for Constitutional Rights (CCR) is a progressive non-profit legal advocacy organization based in New York City, New York, in the United States. It was founded in 1966 by Arthur Kinoy, William Kunstler and others particularly to support activists in the implementation of civil rights legislation and to achieve social justice.
Wilson v. Libby, 498 F. Supp. 2d 74, affirmed, 535 F.3d 697, was a civil lawsuit filed in the U.S. District Court for the District of Columbia on 13 July, 2006, by Valerie Plame and her husband, former Ambassador Joseph C. Wilson, IV, against Richard Armitage (individually) for allegedly revealing her identity and thus irresponsibly infringing upon her Constitutional rights and against Vice President of the United States Dick Cheney, Lewis Libby, Karl Rove, and the unnamed others (together) because the latter, in addition, allegedly "illegally conspired to reveal her identity." The lawsuit was ultimately dismissed.
Torture Taxi: On the Trail of the CIA's Rendition Flights is a 2006 book by A. C. Thompson and Trevor Paglen documenting the CIA's extraordinary rendition program.
Mohamed Farag Ahmad Bashmilah is a citizen of Yemen who is reported to have been a subject of the United States' controversial extraordinary rendition program. The American Civil Liberties Union states that he was apprehended by the Jordanian General Intelligence Department and tortured and interrogated for days, in Jordan, where he was: "turned over to agents who beat, kicked, diapered, hooded and handcuffed him before secretly transporting him to the U.S. Air Force base in Bagram, Afghanistan." They report that Bashmillah was held in extrajudicial detention in the United States' Bagram Theater Internment Facility, and the CIA network of black sites.
Arar v. Ashcroft, 585 F.3d 559, was a lawsuit brought by Maher Arar against the United States and various U.S. officials pursuant to the Torture Victim Protection Act (TVPA), and the Fifth Amendment to the United States Constitution. The United States District Court for the Eastern District of New York dismissed Arar's complaint due to lack of personal jurisdiction and national security and foreign policy considerations. This ruling was ultimately upheld by a divided en banc panel of the United States Court of Appeals for the Second Circuit.
Abou Elkassim Britel is a citizen of Italy who is reported to have been transported through the United States' controversial extraordinary rendition program. Abou was first apprehended in Pakistan, in February 2002, who handed him over to American authorities. Abou was flown to Morocco in May 2002, and remains in extrajudicial detention there.
John Anthony Rizzo was an American attorney who worked as a lawyer in the Central Intelligence Agency for 34 years. He was the deputy counsel or acting general counsel of the CIA for the first nine years of the War on Terror, during which the CIA held dozens of detainees in black site prisons around the globe.
Ben Wizner is an American lawyer, writer, and civil liberties advocate with the American Civil Liberties Union. Since July 2013, he has been the lead attorney of NSA whistleblower Edward Snowden.
CIA black sites refer to the black sites that are controlled by the CIA and used by the U.S. government in its War on Terror to detain enemy combatants.