Extraordinary rendition, U.S.: Difference between revisions
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As has been practiced by the [[United States]] government, captives are transferred from US custody without going through the regular channels of [[international extradition]] | {{main|Extraordinary rendition}} | ||
As has been practiced by the [[United States]] government, captives are transferred from US custody without going through the regular channels of [[international extradition]]. <ref name=USAM9>{{citation | |||
| title = US Attorneys' Criminal Resource Manual | | title = US Attorneys' Criminal Resource Manual | ||
| contribution = USAM Chapter 9-15.000, International Extradition and Related Matters | | contribution = USAM Chapter 9-15.000, International Extradition and Related Matters | ||
| publisher = [[U.S. Department of Justice]] | | publisher = [[U.S. Department of Justice]] | ||
| url = }}</ref> | | url = }}</ref> This is a form of [[extrajudicial detention]], although the process may or may not involve a hearing in the country involved. If the U.S. requested a country to deport a citizen of a third country, in transit through the second country, the second country could hold an administrative deportation hearing, as distinct from a judicial one. | ||
Using the doctrine of [[state secrets]], the U.S. Court of Appeals for the Fourth Circuit in a unanimous decision, dismissed the action of [[Khaled el-Masri]] <ref name=elMasri-District> {{cite court | Using the doctrine of [[state secrets]], the U.S. Court of Appeals for the Fourth Circuit in a unanimous decision, dismissed the action of [[Khaled el-Masri]] <ref name=elMasri-District> {{cite court | ||
Revision as of 20:48, 15 March 2009
As has been practiced by the United States government, captives are transferred from US custody without going through the regular channels of international extradition. [1] This is a form of extrajudicial detention, although the process may or may not involve a hearing in the country involved. If the U.S. requested a country to deport a citizen of a third country, in transit through the second country, the second country could hold an administrative deportation hearing, as distinct from a judicial one.
Using the doctrine of state secrets, the U.S. Court of Appeals for the Fourth Circuit in a unanimous decision, dismissed the action of Khaled el-Masri [2] asserting claims related to his extraordinary rendition.
The policy of the Obama administration has not been fully elaborated, although this Administration has taken a strong policy against torture.
References
- ↑ , USAM Chapter 9-15.000, International Extradition and Related Matters, US Attorneys' Criminal Resource Manual, U.S. Department of Justice
- ↑ El-Masri v. Tenet, (United States District Court for the Eastern Division of Virginia, Alexandria Division December 6, 2005)