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Shafiq Rasul, Asif Iqbal, Ruhal Ahmed, and Jamal Al-Harith, four former Guantánamo Bay detainees, filed suit in 2004 in the United States District Court in Washington, DC against former Secretary of Defense Donald Rumsfeld. They charged that illegal interrogation tactics were permitted to be used against them by Secretary Rumsfeld and the military chain of command. The plaintiffs each sought seek compensatory damages for torture and arbitrary detention while being held at Guantánamo.〔(”Rasul v. Rumsfeld” ), Center for Constitutional Rights, 6 March 2008, accessed 2 January 2013〕 Some aspects of the case were dismissed at the District Court level, and the Appeals Court overturned the lower court ruling on coverage of religious protections. In 2008 the United States Supreme Court granted ''certiorari,'' vacated the judgment, and remanded the case to the Court of Appeals based on the intervening ''Boumediene v. Bush'' (2008), which ruled that detainees and foreign nationals had the habeas corpus right to bring suit in federal courts. On April 24, 2009, the Court of Appeals dismissed the case again, on the grounds of "limited immunity". It ruled that the courts at the time of the alleged abuses had not yet clearly established prohibitions against the torture and religious abuses suffered by the detainees. On December 14, 2009, the US Supreme Court declined to accept the case for hearing. ==Plaintiffs== The four Britons: Shafiq Rasul, Asif Iqbal, and Rhuhel Ahmed, also known as the “Tipton Three,” and Jamal Al-Harith, a Manchester-based web designer, are represented by the Center for Constitutional Rights, a legal and educational organization devoted to the protection of human rights both in the United States and abroad, and the law firm of Baach Robinson & Lewis. According to their own report, Rasul, Iqbal, and Ahmed had traveled to Afghanistan from Pakistan to do humanitarian relief work in the wake of September 11, while Al-Harith had gone to Pakistan for a religious retreat.〔”'Torture' trio lose US appeal; GUANTANAMO: Tipton men accused Rumsfeld of criminal conduct”. Birmingham Evening Mail. January 12, 2008.〕 Rasul, Iqbal, and Ahmed were captured by an Uzbek warlord and transferred to U.S. custody in Afghanistan.〔Seper, Jerry. “Terror suspects can't sue Pentagon; Four say military used torture", ''The Washington Times'', A02. January 12, 2008.〕 Al-Harith was captured by the Taliban in Pakistan and was accused of being a British spy. After the fall of the Taliban, he ended up in U.S. custody after the fall of the Taliban.〔Gumbel, Andrew. “Britons held at Guantanamo Bay win right to sue their captors,” ''The Independent'' (London), p. 35, 11 May 2006〕 None of the plaintiffs had ever taken up arms against the United States, nor been a member of a terrorist group. For more than two years, they were imprisoned without charge in Guantánamo by the United States. During their detention, they “were subjected to repeated beatings, sleep deprivation, extremes of hot and cold, forced nakedness, death threats, interrogations at gun point, menacing with unmuzzled dogs, and religious and racial harassment.” In March 2004 they were released and returned to Britain and released without charge.〔 Shafiq Rasul was the lead plaintiff in ''Rasul v. Bush'' (2004). In this landmark case for detainee rights, the US Supreme Court ruled that the detainees in Guantánamo, and foreign nationals in general, have the right to judicial review of their detentions by the U.S. court system under ''habeas corpus.''〔(“CCR CASE ARGUED BEFORE COURT OF APPEALS; FIRST CASE FILED BY FORMER GUANTANAMO DETAINEES DEMANDING ACCOUNTABILITY FOR TORTURE” ), Center for Constitutional Rights, 7 March 2008〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Rasul v. Rumsfeld」の詳細全文を読む スポンサード リンク
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