The US Court of Appeals for the Seventh Circuit, sitting en banc Nov. 7, ruled that two US citizens cannot sue former defense secretary Donald Rumsfeld for alleged torture by US soldiers in Iraq. The plaintiffs, who worked for a private security firm in Iraq, were arrested in 2006 by military personnel after being suspected of dealing arms. The plaintiffs alleged they were subject to torture in military prison, including sleep deprivation, extreme temperatures, and denial of food and water. In their lawsuit, the plaintiffs argued that Rumsfeld authorized harsh interrogation methods in Iraq and that victims of torture should be able to establish a private right of action against government officials. The Seventh Circuit rejected this argument as unworkable and contrary to the government's national security interests:

The American Civil Liberties Union (ACLU) called on US President Barack Obama early on the morning after his re-election Nov. 7 to shut down the Guantánamo Bay military prison, even as it congratulated him on his victory. Anthony Romero, executive director of the ACLU, urged Obama to "make good the promise he made four years ago to close the prison at Guantánamo Bay." He also encouraged Obama to put an end to practices such as warrantless surveillance, drone strikes and indefinite detention:

Guantánamo Bay detainee Abd al-Rahim al-Nashiri on Oct. 23 boycotted his pretrial hearing at the facility. Al-Nashiri is accused of bombing the USS Cole while it was in port in Yemen in October 2000. Al-Nashiri objected to the use of belly chains while he was brought from his cell to the courtroom for the proceedings. Navy officials have stated that while belly chains are used when moving certain detainees within the facility, they would not have been used on al-Nashiri before this week's hearing. The hearing was to determine if Yemen was at war with the US at the time of the bombing, a decision that will be used to determine al-Nashiri's status as an enemy combatant.

The High Court of England and Wales on Oct. 5 approved the extradition of five terror suspects to the US. The court's decision comes a week after the European Court of Human Rights (ECHR) gave its final approval of the extradition, which it had initially approved in April. Egyptian-born Muslim cleric Abu Hamza al-Masri and four other suspects appealed that ruling in July, but the ECHR declined to revisit their arguments. In its decision, the court criticized the extensive time spent litigating the extradition. In addition to al-Masri, British citizens Syed Talha Ahsan and Babar Ahmad and Saudi-born Khaled Al-Fawwaz are now slated to be extradited. All five men are wanted in the US on terrorism charges and will face imprisonment without parole at ADX Florence, a super-maximum security prison in Colorado. It has not been announced when the group will be extradited nor when they will be tried in the US.

Canadian citizen Omar Khadr was transferred to Canada from Guantánamo Bay early Sept. 30 to serve out the rest of his prison sentence under the authority of the Correctional Service of Canada. Khadr pleaded guilty to murdering US Sergeant First Class Christoper Speer, an Army medic, as well as charges of conspiracy and spying, material support of a terrorist group and attempted murder. He was originally sentenced to eight years in 2010 on top of the eight years he had already spent in prison. The rest of his sentence and future parole hearings, however, will now be handled by Canadian authorities according to Canadian law.

The Italian Court of Cassation on Sept. 19 upheld the convictions of 23 former CIA officers for the 2003 kidnapping and rendition of Egyptian terror suspect Osama Moustafa Hassan Nasr. Former Milan CIA station chief Robert Seldon Lady was originally sentenced to eight years in prison, while 22 other Americans were sentenced to five years after they were all tried in absentia. In 2010 an Italian intermediate appellate court increased Lady's sentence to nine years while increasing the sentences of the other 22 defendants to seven years. The Court of Cassation upheld the sentences of nine and seven years.

Now isn't this interesting. Keane Bhatt of the Manufacturing Contempt blog on the website of the venerable North American Congress on Latin America (NACLA) calls out the mainstream media, e.g. The Economist and the Los Angeles Times, for hypocrisy in pointing out that Rafael Correa's Ecuador, where Julian Assange is seeking asylum, has a less than stellar record on press freedom. By contrast, Bhatt notes, no eyebrows were raised when Emilio Palacio, an editor at the Guayaquil daily El Universo who was convicted of libel against Correa in Ecuador,  fled to Miami last year—despite the fact that the USA doesn't have a stellar record on press freedom either. Bhatt points to the case of Sami al-Hajj, the Al Jazeera cameraman who was imprisoned at Guantánamo Bay for over six years before being released without charge. He also points to Abdulelah Haider Shaye, a Yemeni journalist imprisoned on dubious charges of al-Qaeda collaboration after reporting on US missile strikes. According to Jeremy Scahill in The Nation, Obama pressured the Yemeni regime to keep him locked up.

On Sept. 11, just one day after the prison at Bagram Air Base outside Kabul was officially handed over the Afghan forces, the air base came under insurgent fire, destroying a NATO Chinook CH-47 transport helicopter. Days earlier, four teen-age youths riding skateboards in Kabul were among six killed in a suicide bombing in central Kabul. The attack may have targeted the nearby NATO headquarters, but the youths were part of a nonprofit program that runs a skateboard school for Kabul kids, called Skateistan. (LAT, Sept. 12; NYT, CSM, Sept. 11; CBS, Sept. 10)