torture

#GallariMen: Journalists, CSOs Demand Justice for Borno Torture Victims

Journalists and Civil Society Organisations (CSOs) have joined forces to seek justice for 42 men arbitrarily detained and tortured by the Nigerian military in Borno State, North East Nigeria.

During an advocacy meeting organised by HumAngle and Amnesty International in Maiduguri, the state capital, on Wednesday, Oct. 22, civic leaders and media practitioners took a step to spotlight an investigation that opened a can of worms on the gross violation of human rights.

The survivors were present at the meeting to share first-hand accounts of how they endured years of torture, abuse, and brutal treatment in detention. They were accompanied by some of their relatives, who waited over a decade for their return. 

One survivor lost his sight while in detention, another lost an ear, and the other bore scars all over his body. Their stories cast a sombre mood over the room, as participants and advocates reflected on how to achieve transitional justice for the victims.

Usman Abba Zanna, the HumAngle reporter who investigated the case for months, detailed how he followed a lead from local sources and made several visits to Gallari, a rural community in Borno’s Konduga Local Government Area, to verify claims of military invasions and arbitrary arrests.

“In a conflict situation like this, there are so many cases of violation of humanitarian laws and war crimes by state actors. These men were the breadwinners of their families, and the military just arrested all of them,” Zanna narrated to the audience, stating that the arrest happened immediately after the Chibok schoolgirls’ abduction in April 2014.

Usman Zanna explains the reporting process. Photo: Hauwa Shaffii Nuhu/HumAngle.

“When I went to Gallari, I met a 16-year-old boy who told me that they had arrested his father. He was now saddled with all the responsibilities of the family, including caring for her grandmother, who cried until she became blind. He travels far away to work and raise money to fend for his younger ones,” he added. 

In his remarks, Isa Sanusi, the Country Director at Amnesty International in Nigeria, reiterated the organisation’s efforts in documenting human rights violations amid insurgency and armed violence in the region. He said the organisation’s recent partnership with HumAngle is another move to seek accountability.

“One of the issues that we consistently talk about is the issue of accountability. Many people believe that the only way to bring peace is just to say that schools are being rebuilt and people are being forced to return to their communities,” he said, urging stakeholders in the meeting to take necessary actions.

“So many people are always asking: How are we going to have accountability, and how is it going to work? This is the reason we’re here. Amnesty International and HumAngle are partners in making sure that we seek accountability in this case.”

Hauwa Shaffii Nuhu, HumAngle’s Managing Editor, corroborated this sentiment, saying: “Journalism and advocacy are some of the most effective tools with which to correct the ills in society. Through the gathering today, we are merging both so that the suffering of people like the Gallari men and all other victims of enforced disappearances can have their stories heard. This is in the hopes that targeted advocacy towards stakeholders will elicit positive action from them.”

The raid that led to the arrests shattered the civilian community, leaving children, wives, and the elderly in displacement, poverty, and forcing some to remarry or assume breadwinning responsibilities prematurely.

Ten years later, in 2024, HumAngle revisited the incident, documenting the fate of the forgotten men. Three of them were released following our investigation a few months later. When we visited them after their return, we found an even more disturbing revelation: 37 of the 42 men detained had died gruesomely in detention, and those still alive carry their grief and scars around.

Journalists and Civil Society Organisations (CSOs) are advocating for justice for 42 men who were detained and tortured by the Nigerian military in Borno State.

At an advocacy meeting organized by HumAngle and Amnesty International, survivors shared their harrowing experiences of abuse during detention, highlighting the severe human rights violations they endured over the years. The arrests followed the notorious abduction of the Chibok schoolgirls in 2014 and severely impacted the detained men’s families, who were left in poverty and displacement.

Investigative journalist Usman Abba Zanna uncovered evidence of these abuses while visiting Gallari, where he met families shattered by these wrongful arrests. Amnesty International emphasized the importance of accountability for human rights abuses, partnering with HumAngle to document and promote awareness of such violations.

The partnership seeks to hold perpetrators accountable and spur action from stakeholders to prevent further abuses. Notably, out of the 42 originally detained, 37 men died in custody, underscoring the urgency for justice and reform.

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Palestinian detainee relays how torture in Israeli prison made him blind | Gaza News

Mahmoud Abu Foul heard his mother’s voice after eight months in Israeli detention, but could not see her face.

A 28-year-old from northern Gaza, Abu Foul was arrested from Kamal Adwan Hospital in Beit Lahiya in late December and imprisoned in Israeli detention facilities, where he says guards tortured and beat him so severely that he lost his sight.

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He was released this week as part of a United States-brokered ceasefire deal that has seen nearly 2,000 Palestinian detainees let out from Israeli jails, many bearing visible signs of abuse.

Abu Foul, who had already lost his leg in a 2015 Israeli bombing, told Al Jazeera he endured relentless torture during his imprisonment. At Sde Teiman prison, a facility other detainees describe as “the prison that breaks men”, Abu Foul endured repeated beatings and torture.

One day, guards struck him on the head with such force that he fell unconscious. When he regained consciousness, he discovered he had lost his sight, he said.

“I kept asking for medical treatment, but they only gave me one type of eye drops, which did nothing,” he said. “My eyes kept tearing constantly, with discharge and pain, but no one cared.”

He tried a hunger strike to demand treatment but said prison authorities did not respond to his demands.

 

When Abu Foul was finally released and transferred to Nasser Hospital, he waited anxiously for his family. He had heard northern Gaza was devastated and feared the worst. Then his mother arrived.

“When I heard her voice, I hugged her tightly,” he said. “I couldn’t see her, but just hearing her was worth the whole world.”

Abu Foul now lives in a tent near ruins, still without treatment for his eyes, and is seeking help to travel abroad for medical care.

His account aligns with a growing body of evidence documenting systematic abuse in Israeli prisons. Many of the Palestinians released this week emerged emaciated or with visible injuries. One prisoner had lost nearly half his body weight during detention.

The Palestinian Centre for Human Rights documented testimonies from 100 former detainees held between October 2023 and 2024, finding that torture was systematic across all Israeli prison facilities, not just notorious sites like Sde Teiman.

 

All were held incommunicado without access to judges, lawyers or family members.

Israel has returned at least 100 bodies of Palestinians who died in detention. Medical sources told Al Jazeera they found evidence of abuse on some of the corpses, and some indicated possible executions.

“They did not die naturally, they were executed while restrained,” said Dr Munir al-Bursh, director-general of Gaza’s Health Ministry.

The United Nations estimates that at least 75 Palestinian detainees have died in Israeli prisons since October 2023.

Israeli rights group B’Tselem described the prison system last year as a “network of torture camps” where detainees face systematic physical abuse, are denied food and medical care, and suffer sexual violence.

Despite hundreds of reported abuse cases since October 2023, Israeli authorities have brought indictments in only two incidents, with no prison service personnel charged, according to the Public Committee Against Torture in Israel (PCATI), an Israeli rights group documenting torture.

Dr Ruchama Marton, founder of Physicians for Human Rights – Israel, says her decades-long campaign exposed the use of torture in Israel but has failed to stop it. “Maybe people didn’t deny it any more, but in practice it became normalized,” she told Haaretz.

Israel’s far-right National Security Minister Itamar Ben-Gvir, who oversees the prison service, has defended the harsh treatment of Palestinian prisoners and said “summer camps and patience for the terrorists are over”.

Ben-Gvir has also been filmed taunting high-profile Palestinian political leader and detainee Marwan Barghouti.

Earlier this week, Barghouti’s son said he fears for his father’s life in Israeli prison amid reports from witnesses that he was beaten by guards last month.

In an interview with Al Jazeera on Thursday, Arab Barghouti accused Israel of targeting his father because he is a unifying figure among Palestinians.

The family told media outlets this week that they had received testimonies from Palestinian detainees released as part of the Gaza ceasefire deal that Barghouti was beaten by guards in mid-September as he was being transferred between two Israeli prisons.

About 9,000 Palestinian prisoners remain in Israeli jails, many without trial or any proper legal process. Israel has denied allegations of systematic abuse but has not provided evidence to counter the claims.

The Israeli military and prison service did not respond to requests for comment.

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Gaza medics find signs of torture on Palestinian bodies returned by Israel | Gaza News

Health officials in Gaza say many of the 90 returned bodies bore marks of violence and possible executions.

Gaza’s Ministry of Health says it has received the remains of 45 Palestinians who were held in Israeli custody via the International Committee of the Red Cross, bringing the total number of bodies returned to 90 as part of a United States-brokered ceasefire deal.

Medical teams are continuing to examine, document and prepare the bodies for delivery to families “in line with approved medical procedures and protocols”, the Health Ministry said in a statement on Wednesday.

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Under a ceasefire deal backed by US President Donald Trump and aimed at ending the two-year Gaza war, Israel was to turn over the bodies of 15 Palestinians for every deceased Israeli returned. The remains of 45 people were returned on Monday.

Palestinians awaited information about the bodies that arrived at Nasser Hospital on Tuesday and Wednesday. The forensics team described disturbing conditions, bearing signs of physical abuse.

Some of the Palestinian bodies were blindfolded and handcuffed, indicating “field executions” may have taken place, medical sources told Al Jazeera.

Israel is expected to hand over more bodies, though officials have not said how many are in its custody or how many will be returned. It remains unclear whether the bodies were dug up from cemeteries by the Israeli army during its ground offensive or if they belong to detainees who were killed during the Israeli assault. Throughout the war, Israel’s military has exhumed bodies as part of its search for the remains of captives.

As forensic teams examined the first remains returned, the Health Ministry on Wednesday released images of 32 unidentified bodies to help families recognise missing relatives.

Many appeared decomposed or burned. Some were missing limbs or teeth, while others were coated in sand and dust. Health officials have said Israeli restrictions on allowing DNA testing equipment into Gaza have often forced morgues to rely on physical features and clothing for identification.

The forensics team that received the bodies said some arrived still shackled or bearing signs of physical abuse.

“There are signs of torture and executions,” Sameh Hamad, a member of a commission tasked with receiving the bodies at Nasser Hospital, said.

The bodies belonged to men aged 25 to 70. Most had bands on their necks, including one who had a rope around his neck. Most of the bodies wore civilian clothing, but some were in uniforms, suggesting they were Palestinian fighters.

Hamad said the Red Cross provided names for only three of the dead, leaving many families uncertain of their relatives’ fate.

Israel’s war on Gaza has killed nearly 68,000 Palestinians since October 2023, according to the Health Ministry. Palestinian officials say the true toll could be far higher, with tens of thousands of bodies believed to be under the rubble.

Thousands more people are missing, according to the Red Cross and Palestinian Central Bureau of Statistics.

Rasmiya Qudeih, 52, waited outside Nasser Hospital, hoping her son would be among the 45 bodies transferred from Israel on Wednesday.

He vanished on October 7, 2023, the day of the Hamas-led attack. She was told he was killed by an Israeli strike.

“God willing, he will be with the bodies,” she said.

The Health Ministry released a video showing medical workers examining the bodies, saying the remains would be returned to families or buried if left unidentified.

Rights groups and a United Nations Commission of Inquiry have accused Israel of committing genocide in Gaza, and South Africa has filed a case alleging Israel committed genocide at the International Court of Justice. Israel denies the accusations.

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US activist from Gaza flotilla alleges ‘psychological torture’ by Israel | Israel-Palestine conflict News

A United States citizen who was detained by Israel on the Global Sumud Flotilla, which tried to deliver aid to Gaza, says he and other activists endured abuse and “psychological torture” in Israeli custody.

David Adler, who was released and deported to Jordan on Tuesday, said after Israeli forces intercepted the flotilla in international waters, they took the activists to a prison complex in the Negev desert in southern Israel.

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“We were kidnapped, stripped, zip-tied, blindfolded and sent to an internment camp on a police van without any access to food, to water, to legal support,” he said. “And for the next five days, on and off, we were psychologically tortured.”

In an audio message shared with Al Jazeera through the advocacy group Progressive International, Adler said he and another Jewish activist were picked out and forced to be photographed with Israeli National Security Minister Itamar Ben-Gvir.

“After interception, we were violently forced onto our knees into positions of submission, where the two Jews of the flotilla were taken by the ear and ripped from the group for a photo-op with Ben-Gvir, staring at the flag of the State of Israel, taunted by his goons,” Adler said.

He described his time in detention as a “five-day nightmare of serial and systematic violations of our most basic rights”.

‘My Jewish heritage demands it’

Adler, who is co-general coordinator at Progressive International, added that riot troops would raid the prison with attack dogs at night to “terrify and terrorise” the detainees.

His testimony adds to the allegations of mistreatment of flotilla activists, who included climate campaigner Greta Thunberg.

The flotilla – a collection of more than 40 boats and 470 people from across the world – aimed to break the Israeli blockade on Gaza, which has sparked a deadly hunger crisis in the territory.

Israel intercepted the flotilla in international waters last week, a move that human rights advocates have argued is illegal.

Adler was one of more than 20 US citizens in the group and among the last to be released.

Earlier this week, about two dozen lawmakers from the activist’s home state of California penned a letter to Secretary of State Marco Rubio calling on him to push for Adler to be freed.

As he was sailing towards Gaza last week, Adler shared a social media post reflecting on his Jewish identity and the decision to participate in the flotilla.

“If there’s any part of the Torah that I still remember, it is this obligation it bestows upon us: ‘Justice, justice you shall pursue.’ How could we stand by while the State of Israel perverts this holy obligation, overseeing a holocaust of the Palestinian people?” Adler wrote.

“I joined this flotilla just like any other delegate – to defend humanity before it is too late. But on Yom Kippur, I am reminded that I am also here because my Jewish heritage demands it.”

Trump envoy taunts Adler

According to Adler, US officials did not provide any consular services to him and other Americans who were imprisoned by Israel.

“The US general consul said, ‘We are not your babysitters. You’d have no food, no water, no money, no phones, no planes,’” he said. “‘We’re taking you straight to the airport, and you’re on your own.’”

US Ambassador to Israel Mike Huckabee had rebuked Adler personally, calling him a “self-absorbed tool of Hamas”.

Huckabee also echoed the false Israeli claims that the flotilla is “Hamas-funded”.

Palestinian rights advocates and many Palestinians in Gaza welcomed the flotilla, saying it demonstrates the power of individuals to take direct action to help the people in Gaza even if they fail to reach the shores of the territory.

In his message, Adler called the mistreatment of the activists a marker of “how rogue the state of Israel has become in its utter disregard for basic international humanitarian law”.

“I’m obviously very aware that all of this pales in comparison to the treatment that Palestinians endure every single day,” he said.

Israel holds thousands of Palestinian detainees, many without  charge or trial.

Rights groups and United Nations experts have documented horrific and systemic torture of Palestinians in Israeli prisons, including the use of starvation and sexual violence against captives.

Israel continues to imprison US teenager Mohammed Ibrahim, who was arrested in the occupied West Bank in February and has since lost more than a quarter of his body weight, according to his family.

The Israeli government’s Press Office and US Department of State did not respond to Al Jazeera’s request for comment by the time of publication.

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Judge orders Trump administration to say how it’s trying to prevent illegal deportation from Ghana

A federal judge Saturday said it appeared the Trump administration was making an “end run” around U.S. court orders prohibiting five African immigrants to be deported to their home countries by sending them first to Ghana, which was poised to then relocate them to countries where they could face torture or death.

U.S. District Judge Tanya Chutkan ordered the government to detail Saturday night how it was trying to ensure Ghana would not send the immigrants elsewhere in violation of domestic court orders. One of the plaintiffs has already been shipped from Ghana to his native Gambia, where a U.S. court found he could not be sent, Lee Gelernt of the ACLU told Chutkan.

Elianis Perez of the Department of Justice acknowledged that she told Chutkan in court Friday that Ghana had pledged that wouldn’t happen. But she argued that Chutkan had no power to control how another country treats deportees. She noted the Supreme Court this summer ruled the administration could continue sending immigrants to countries they are not from, even if they hadn’t had a chance to raise fears of torture.

Gelernt, however, compared the case to that of Kilmar Abrego Garcia, a Maryland man the Trump administration mistakenly deported to El Salvador despite a court order prohibiting it, then argued it couldn’t get him back. After multiple courts directed the administration to “facilitate” his return, Abrego Garcia came back to the U.S., where he is now fighting human-trafficking charges and another Trump administration push to deport him.

“This appears to be a specific plan to make an end run around these obligations,” Chutkan said of the administration shipping the immigrants to Ghana. “What does the government intend to do? And please don’t tell me you don’t have any control over Ghana, because I know that.”

Chutkan later issued an order giving the administration until 9 p.m. Eastern Time to file a declaration detailing how they were trying to ensure the other immigrants weren’t improperly sent to their home countries from Ghana.

Riccardi writes for the Associated Press.

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UN probe finds evidence of ‘systematic torture’ in Myanmar | Human Rights News

Investigators name senior figures among those responsible for alleged abuses at detention facilities.

United Nations investigators say they have gathered evidence of systematic torture in Myanmar’s detention facilities, identifying senior figures among those responsible.

The Independent Investigative Mechanism for Myanmar (IIMM), set up in 2018 to examine potential breaches of international law, said on Tuesday that detainees had endured beatings, electric shocks, strangulation and fingernail removal with pliers.

“We have uncovered significant evidence, including eyewitness testimony, showing systematic torture in Myanmar detention facilities,” Nicholas Koumjian, head of the mechanism, said in a statement accompanying its 16-page report.

The UN team said some prisoners died as a result of the torture.

It also documented the abuse of children, often detained unlawfully as proxies for their missing parents.

According to the report, the UN team has made more than two dozen formal requests for information and access to the country, all of which have gone unanswered. Myanmar’s military authorities did not respond to media requests for comment.

The military has repeatedly denied committing atrocities, saying it is maintaining peace and security while blaming “terrorists” for unrest.

The findings cover a year that ended on June 30 and draw on information from more than 1,300 sources, including hundreds of witness accounts, forensic analysis, photographs and documents.

The IIMM said it identified high-ranking commanders among the perpetrators but declined to name them to avoid alerting those under investigation.

The report also found that both government forces and armed opposition groups had committed summary executions. Officials from neither side of Myanmar’s conflict were available to comment.

The latest turmoil in Myanmar began when a 2021 military coup ousted an elected civilian government, sparking a nationwide conflict. The UN estimates tens of thousands of people have been detained in efforts to crush dissent and bolster the military’s ranks.

Last month, the leader of the military government, Min Aung Hlaing, ended a four-year state of emergency and appointed himself acting president before planned elections.

The IIMM’s mandate covers abuses in Myanmar dating back to 2011, including the military’s 2017 campaign against the mostly Muslim Rohingya, which forced hundreds of thousands of members of the ethnic minority to flee to Bangladesh, and postcoup atrocities against multiple communities.

The IIMM is also assisting international legal proceedings, including cases in Britain. However, the report warned that budget cuts at the UN could undermine its work.

“These financial pressures threaten the Mechanism’s ability to sustain its critical work and to continue supporting international and national justice efforts,” it said.

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Sites of Khmer Rouge execution, torture in Cambodia added to UNESCO list | Arts and Culture News

Added to the World Heritage list are two prisons: Tuol Sleng and M-13, as well as the execution site Choeung Ek.

Three notorious locations used by Cambodia’s brutal Khmer Rouge regime as torture and execution sites to perpetrate the genocide of Year Zero five decades ago have been added to UNESCO’s World Heritage list.

Two prisons and an execution site were inscribed on the list by the United Nations cultural agency on Friday during the 47th Session of the World Heritage Committee in Paris.

It coincided with the 50th anniversary of the rise to power by the communist Khmer Rouge, which caused the deaths of an estimated 1.7 million Cambodians through starvation, torture and mass executions during a four-year reign of violence from 1975 to 1979 before it was brought to an end by an invasion from neighbouring Vietnam.

UNESCO’s World Heritage list lists sites considered important to humanity and includes the Great Wall of China, the Pyramids of Giza in Egypt, the Taj Mahal in India and Cambodia’s Angkor archaeological complex.

Cambodian Prime Minister Hun Manet issued a message on Friday directing people to beat drums simultaneously across the country on Sunday morning to mark the UNESCO listing.

“May this inscription serve as a lasting reminder that peace must always be defended,” Hun Manet said in a video message aired by state-run television TVK. “From the darkest chapters of history, we can draw strength to build a better future for humanity.”

Two sites added to the list are in the capital, Phnom Penh – the Tuol Sleng Genocide Museum and the Choeung Ek Genocide Centre.

Tuol Sleng is a former high school that was converted into a notorious prison known as S-21, where an estimated 15,000 people were imprisoned and tortured.

Today, the site is a space for commemoration and education, housing the black-and-white mugshots of its many victims and the preserved equipment used by Khmer Rouge tormentors.

The UNESCO inscription was Cambodia’s first nomination for a modern and non-classical archaeological site and is among the first in the world to be submitted as a site associated with recent conflict, Cambodia’s Ministry of Culture and Fine Arts said in a statement on Friday.

‘The Killing Fields’

Choeung Ek – a former Chinese cemetery – was a notorious “killing field” where S-21 prisoners were executed nightly. The story of the atrocities committed there is the focus of the 1984 film “The Killing Fields”, based on the experiences of New York Times photojournalist Dith Pran and correspondent Sydney Schanberg.

More than 6,000 bodies were exhumed from at least 100 mass graves at the ground in the early 1980s, according to Cambodian government documents filed with UNESCO.

Every year, hundreds hold remembrance prayers in front of the site’s memorial displaying victims’ skulls, and watch students stage dramatic re-enactments of the Khmer Rouge’s bloody crimes.

Another prison site, known as M-13 and located in a rural area in central Kampong Chhnang province, was one of the most important prisons of the early Khmer Rouge, where its cadres “invented and tested various methods of interrogation, torture and killing” but is today only a patch of derelict land.

A special tribunal sponsored by the UN, costing $337m and working over 16 years, only convicted three key Khmer Rouge figures, including S-21 chief torturer Kaing Guek Eav, before ceasing operations in 2022.

Pol Pot, leader of the Khmer Rouge regime, died in 1998 before he could be brought to trial.

Buddhist monks line up to received food and alms during the annual 'Day of Remembrance' for the victims of the Khmer Rouge regime at the Choeung Ek memorial in Phnom Penh, Cambodia on May 20, 2025.
Buddhist monks line up to receive food and alms during the annual ‘Day of Remembrance’ for the victims of the Khmer Rouge regime at the Choeung Ek memorial in Phnom Penh, Cambodia, on May 20, 2025 [Tang Chhin Sothy/AFP]



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Kilmar Abrego Garcia says he was beaten and subjected to psychological torture in El Salvador jail

Kilmar Abrego Garcia said he suffered severe beatings, severe sleep deprivation and psychological torture in the notorious El Salvador prison the Trump administration had deported him to in March, according to court documents filed Wednesday.

He said he was kicked and hit so often after arrival that by the following day, he had visible bruises and lumps all over his body. He said he and 20 others were forced to kneel all night long and guards hit anyone who fell.

Abrego Garcia was living in Maryland when he was mistakenly deported and became a flashpoint in President Trump’s immigration crackdown. The new details of Abrego Garcia’s incarceration in El Salvador were added to a lawsuit against the Trump administration that Abrego Garcia’s wife filed in Maryland federal court after he was deported.

The Trump administration has asked a federal judge in Maryland to dismiss the lawsuit, arguing that it is now moot because the government returned him to the United States as ordered by the court.

A U.S. immigration judge in 2019 had barred Abrego Garcia from being deported back to his native El Salvador because he likely faced persecution there by local gangs who had terrorized him and his family. The Trump administration deported him there despite the judge’s 2019 order and later described it as an “administrative error.” Trump and other officials have since doubled down on claims Abrego Garcia was in the MS-13 gang.

On March 15, Abrego Garcia was deported to El Salvador and sent to the country’s mega-prison known as the Terrorism Confinement Center, or CECOT.

In the new court documents, Abrego Garcia said detainees at CECOT “were confined to metal bunks with no mattresses in an overcrowded cell with no windows, bright lights that remained on 24 hours a day, and minimal access to sanitation.”

He said prison officials told him repeatedly that they would transfer him to cells with people who were gang members who would “tear” him apart. Abrego Garcia said he saw others in nearby cells violently harm each other and heard screams from people throughout the night.

His condition deteriorated and he lost more than 30 pounds in his first two weeks there, he said.

Sen. Chris Van Hollen, a Maryland Democrat, visited Abrego Garcia in El Salvador in April. The senator said Abrego Garcia reported he’d been moved from the mega-prison to a detention center with better conditions.

The Trump administration continued to face mounting pressure and a Supreme Court order to return him to the United States. When the U.S. government brought back Abrego Garcia last month, it was to face federal human smuggling charges in Tennessee.

Attorney General Pam Bondi said at the time of Abrego Garcia’s return that this “is what American justice looks like.” But Abrego Garcia’s attorneys called the charges “preposterous” and an attempt to justify his mistaken expulsion.

A federal judge in Tennessee has ruled that Abrego Garcia is eligible for release — under certain conditions — as he awaits trial on the criminal charges in Tennessee. But she has kept him in jail for now at the request of his own attorneys over fears that he would be deported again upon release.

Justice Department spokesman Chad Gilmartin told The Associated Press last month that the department intends to try Abrego Garcia on the smuggling charges before it moves to deport him again.

Separately, Justice Department attorney Jonathan Guynn told a federal judge in Maryland last month that the U.S. government plans to deport Abrego Garcia to a “third country” that isn’t El Salvador. Guynn said there was no timeline for the deportation plans. But Abrego Garcia’s attorneys cited Guynn’s comments as a reason to fear he would be deported “immediately.”

Baumann and Finley write for the Associated Press.

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Stop Winking at Torture and Codify It

Alan M. Dershowitz is a professor of law at Harvard. His latest book is “America on Trial.”

Atty. Gen. John Ashcroft’s recent testimony that President Bush had “made no direct order” authorizing any of the practices photographed at Abu Ghraib prison was calculated to cloak the president with deniability. But it raises the real question: What constitutes the kind of “torture” that, according to Ashcroft, “this administration opposes”? And what exactly are the information-gathering techniques that the Bush administration does approve of? We don’t know because it refuses to be specific, opting instead for the wink-and-nod approach — publicly condemning torture in a general sort of way while discreetly demanding results by whatever means it takes.

This approach would be far more difficult if explicit approval from the president were required for any extraordinary interrogation methods. Such a “torture warrant” approach would force the president to specify precisely what is allowed and what is not: sleep deprivation? hooding? stress positions? threats? attack dogs? sexual humiliation? a sterilized needle under the nail?

A codification of torture would be controversial, of course, but it would produce accountability of precisely the kind this administration wants to avoid. To date, only one other democracy has ever openly confronted this issue — Israel.

Before 1999, Israel tried to come to terms with the torture issue. Rather than denying it publicly and winking at it privately like many other countries (and many police forces even in the United States), Israeli officials sought to codify what was and was not permissible in order to wage the most effective battle against terrorism within the rule of law.

They set out rules allowing “moderate physical pressure” in specific cases — including such nonlethal tactics as sleep deprivation, tying up prisoners in painful positions with hoods over their heads, violent shaking and loud music. The argument was that such measures were justified in “ticking bomb” cases in which getting instant information out of a terrorist suspect about an imminent attack was essential.

Esther Wachsman, for example, whose son was kidnapped by militants, has said she knew Israeli agents tortured a captured Palestinian to force him to reveal the 19-year-old’s whereabouts and that she had no regrets about it. “Was this man going to reveal this kind of information if they served him tea and played some Mozart?” she asked.

For some years the rules were in place, even though opponents argued that torture of any kind was a black-and-white issue — always wrong, never allowable.

In the end, the Israeli Supreme Court issued a decision in 1999 prohibiting all forms of rough interrogation. In rendering this decision, the court described in detail what was prohibited: shaking, stress positions, hooding, playing “powerfully loud music” and other physical pressures. The court did leave open a tiny window in ticking-bomb cases. It suggested that if an interrogator honestly and reasonably believed that the only way to prevent an attack was to apply moderate physical pressure, he could try to persuade a court after the fact that his actions fell under the defense of “necessity.” Thus far, no such defense has been offered.

This decision stimulated an important debate inside and outside of Israel. It is unlikely that it ended all physical abuse, but even Israel’s most strident critics acknowledge that it has certainly been curtailed.

The Israeli high court thrust itself into the debate over interrogation methods. The U.S. Supreme Court, on the other hand, seems to be trying to stay away from micromanaging interrogation techniques. In a recent decision, a majority ruled that the 5th Amendment does not prohibit torture itself — only the use of self-incriminating statements produced by torture in criminal prosecutions. Nor does the 8th Amendment’s prohibition against “cruel and unusual punishment” preclude torture of detainees, because it applies only to punishments imposed after conviction. That leaves only the vague “due process” clause, which is in disrepute among a majority of the justices.

We need an open and candid debate, as Israel had, about what forms of rough interrogation, if any, should be permissible against what kinds of detainees under what circumstances. Specificity is required. Broad generalizations like “this administration opposes torture” have not worked and will not work in the future. A proposed interrogation code would be a good starting point.

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