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Fourth Circuit affirms CIA contractor detainee abuse conviction

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] The US Court of Appeals for the Fourth Circuit on Monday affirmed the conviction of a Central Intelligence Agency (CIA) contractor on assault charges related to the abuse of an Afghan detainee. The court found that the district court had properly exercised maritime and territorial jurisdiction over the actions of David Passaro while he was employed by the CIA at Asadabad Firebase in Afghanistan. Although the court rejected the construction of "military ... mission" used by the US District Court for the Eastern District of North Carolina as too narrow, the duration and nature of the site's use, and improvements made to the fortification lead the Fourth Circuit "to conclude that it possesses all the qualities of a permanent U.S. military base abroad, albeit on a smaller scale ...." In determining "whether a federal court has jurisdiction over ... an American citizen for committing brutal assaults abroad," the court found that: Congress has determined that individuals committing such crimes on the premises of United States military missions abroad are subject to prosecution in United States federal courts. The Executive has determined to bring the first such case against David Passaro. We are satisfied that Passaro received a fair trial from a conscientious jury, in a court that had jurisdiction to try him.While upholding the conviction, the court found error in the district court's application of the "dangerous weapon" enhancement of the Federal Sentencing Guidelines, and remanded the case for re-sentencing. Passaro was found guilty in 2006 and sentenced in 2007 to 100 months in prison on charges that he beat Abdul Wali during an interrogation in northeastern Afghanistan. Wali subsequently died in US custody. On Sunday, the Los Angeles Times reported that US Attorney General Eric Holder was expected to appoint a special counsel who will be tasked with investigating the alleged abuse of detainees and other terrorism suspects by CIA interrogators. Last month, Human Rights Watch (HRW) sent an open letter to Holder in order to "express strong support for opening a criminal investigation into abusive interrogation practices by the US government since the attacks of September 11, 2001." In April, Democratic members of the US House Judiciary Committee sent Holder a letter urging him to appoint a special counsel to investigate torture allegations made against Bush administration officials.In February 2007, HRW welcomed Passaro's conviction, but accused the US of consistently failing to investigate allegations of detainee abuse.

Full post as published by JURIST - The Paper Chase on August 10, 2009 (boomark / email).