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Assistance to victims / Reports and Publications / United States / 2011 / January

United States: OMCT submits amicus curiae brief to US Supreme Court in rendition law suit

The World Organization Against Torture (OMCT), jointly with the International Commission of Jurists (ICJ), the Redress Trust and Interrights submitted an amicus curiae brief to the Supreme Court of the United States in a leading rendition case.

The case concerns a civil law suit brought by victims of the secret detention and extraordinary rendition program against Jeppesen Dataplan, an airplane company implicated in the rendition circuit, and follows a decision of the Court of Appeals that had dismissed the case from being heard for reasons of state secrecy.

The amicus curiae addresses the obligations under international human rights law on the right to an effective remedy and reparations for torture, enforced disappearances and other human rights violations. It shows that secrecy must not have the purpose or effect to prevent accountability for serious human rights violations or crimes under international law, and that to the extent that there are legitimate secrecy claims these can and need to be accommodated without extinguishing the right to an effective remedy.

The amicus brief is joined by leading international lawyers Mr Dick Marty, Swiss member of parliament who served as Rapporteur of the Parliamentary Assembly of the Council of Europe inquiry on Alleged Secret Detentions and Unlawful Inter-State Transfers of Detainees involving Council of Europe Member States, Professor Manfred Nowak, former UN Special Rapporteur on Torture (2004-2010), Professor Robert Goldman, former UN Independent Expert on Terrorism and Human Rights and Professor Stefan Trechsel, Judge ad litem at the International Criminal Tribunal for the Former Yugoslavia (ICTY).

Read the Amicus curiae brief


 


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Date: January 17, 2011
Activity: Assistance to victims
Type: Reports and Publications
Country: United States
Subjects: Justice system, Torture and violence

Attachments

  • Jeppesen Amicus Brief
    41 pages / 130 KB

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