Boeing Subsidiary May Have Provided Extraordinary Rendition Flights for CIA

A Boeing Co. subsidiary that may have provided secret CIA flight services was sued Wednesday by the American Civil Liberties Union on behalf of three terrorism suspects who claim they were tortured by the U.S. government.^[1] The lawsuit alleges that flight services provided by Jeppesen Dataplan Inc. enabled the secret transportation of the suspects to secret prisons, where they were tortured and subjected to other "forms of cruel, inhuman and degrading treatment."^[2]

The ACLU said the company "either knew or reasonably should have known" that they were facilitating the torture of terrorism suspects by providing flight services for the CIA.^[3] Companies "are not allowed to have their heads in the sand, and take money from the CIA to fly people, hooded and shackled, to foreign countries to be tortured," ACLU attorney Ben Wizner said.^[4]

Jeppesen Dataplan says it provides services such as flight plans, fuel and airport data to airlines, private pilots and various companies, but it doesn't ask its customers for details of their business.^[5] "We don't know the purpose of the trip for which we do a flight plan.....We don't need to know specific details. It's the customer's business, and we do the business that we are contracted for...It's not our practice to ever inquire about the purpose of a trip," said Mike Pound, a spokesman for the Englewood, Colo.-based Jeppesen.^[6]

The three detainees have claimed through their family and lawyers that they have been tortured and abused against universally accepted legal standards. One claimed to have been routinely tortured under interrogation about al-Qaida and Osama bin Laden.^[7]

The cases involve the alleged mistreatment of Binyam Mohamed, an Ethiopian citizen, in July 2002 and January 2004; Elkassim Britel, an Italian citizen, in May 2002; and Ahmed Agiza, an Egyptian citizen, in December 2001; Mohamed is currently being held at GTMO in Guantanamo Bay, Cuba; The ACLU alleges the suspects were apprehended under the U.S. government's "extraordinary rendition program."^[8]

Extraordinary rendition is the covert arrest and relocation of suspects to be detained and interrogated in countries where the protection of U.S. laws do not apply. We have previously discussed extraordinary renditions, here.

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^[1] Pat Milton, ACLU: Boeing offshoot helped CIA, Associated Press Newswire May 30, 2007, available at LEXIS, News Library, Wire News Services File.
^[2] Id.
^[3] Id.
^[4] Id.
^[5] Id.
^[6] Id.
^[7] Id.
^[8] Id.

Hashmi Pleads Not Guilty: Update

Syed Hashmi, the first American extradited from the U.K. on terror charges, pleaded not guilty to charges of aiding al-Qaida, on Tuesday May 29.^[1] He instead asserted that he was an activist, not a terrorist. It has been alleged that he provided al-Qaida fighters with equipment to attack U.S. soldiers in Afghanistan.^[2]

“He is not a terrorist. He is an academic. He’s been a political activist,” his lawyer, Sean Maher said.^[3] Maher said Hashmi has been outspoken at rallies, mostly in the United States, about his views opposing some U.S. policies, though he would not be more specific.^[4] Hashmi's attorney also asserted that while he had not seen the government’s evidence against his client, he believed the equipment was “glorified camping equipment” which included sleeping bags and goggles.^[5]

Prosecutors accuse Hashmi, who was born in Pakistan and is also known as “Fahad,” of supplying unspecified equipment for al-Qaida “to fight against United States forces in Afghanistan.”^[6] If convicted, he could face up to 50 years in prison. Among charges in the three-count indictment was the top count of conspiring to contribute funds, goods or services to the terrorist group.^[7]

We have previously discussed Hashmi's case in this blog, here.

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^[1] Larry Neumeister, Terror Suspect: Charges Unfounded, Associated Press Newswire, May 29, 2007, available at LEXIS, News Library, Wire News Services File.
^[2] Id.
^[3] Id.
^[4] Id.
^[5] Id.
^[6] Id.
^[7] Id.

Hashmi is First Terror Suspect Extradited to U.S.

Syed Hashmi was an American student before he was arrested last year in London on allegations of providing al-Qaida fighters with equipment to attack American soldiers was in federal custody Saturday.^[1] Hashmi is the first terror suspect extradited to the United States by British authorities.^[2]

The Pakistani native is an American citizen, but lived in Britain for the three years preceding his arrest; he was arrested boarding a plane to Pakistan at Heathrow Airport.^[3] In March, the British High Court rejected Hashmi’s claim that the U.S. arrest warrants were flawed.^[4]

Hashmi, also known as "Fahad," was indicted in May 2006 on charges of supplying unspecified equipment for al-Qaida "to fight against United States forces in Afghanistan," he was also charged with agreeing to help others provide military gear for al-Qaida to use in Pakistan.^[5]

It has been alleged that Hashmi was associated with Mohammed Junaid Babar, who pleaded guilty in August 2004 to smuggling night-vision goggles, money and military supplies to an al-Qaida official establishing a "jihad training camp" in Pakistan.^[6] Babar acknowledged meeting with a terrorist official near the Afghanistan border in the same area where the gear provided by Hashmi was allegedly brought.^[7]

Hashmi is to be arraigned Wednesday before U.S. District Judge Loretta A. Preska, and could face up to 50 years in prison if he is convicted of all charges in the three-count indictment, including the top count of conspiring to contribute funds, goods or services to the terrorist group.^[8]

Contributing or supplying services to designated terrorist groups (or conspiring to contribute or supply services to these entities), is a violation of regulations issued under the International Economic Emergency Powers Act,^[9] we have previously discussed IEEPA in this blog, here.

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^[1] Larry McShane, Terror suspect extradited to U.S., Associated Press Newswire, May 26, 2007, available at LEXIS, News Library, Wire News Services.
^[2] Id.
^[3] Id.
^[4] Id.
^[5] Id.
^[6] Id.
^[7] Id.
^[8] Id.
^[9] 50 U.S.C. §§ 1701-07 (2007).