Extraordinary rendition, U.S.
As has been practiced by the United States government, captives are transferred from US custody without going through the regular channels of international extradition. [1] This is a form of extrajudicial detention, although the process may or may not involve a hearing in the country involved. If the U.S. requested a country to deport a citizen of a third country, in transit through the second country, the second country could hold an administrative deportation hearing, as distinct from a judicial one.
One of the rationales for avoiding international extradition is that the matter may involve what are legally called state secrets. The state secrets privilege was upheld by the U.S. Court of Appeals for the Fourth Circuit in a unanimous decision, which dismissed the action of Khaled el-Masri [2] asserting claims related to his extraordinary rendition.
The policy of the Obama administration has not been fully elaborated, although this Administration has taken a strong policy against torture.
References
- ↑ , USAM Chapter 9-15.000, International Extradition and Related Matters, US Attorneys' Criminal Resource Manual, U.S. Department of Justice
- ↑ El-Masri v. Tenet, (United States District Court for the Eastern Division of Virginia, Alexandria Division December 6, 2005)