Binyam Mohamed and four others are suing Jeppeson Dataplan Inc. in England and the US for their part in the US Central Intelligence Agency’s extraordinary rendition programme.
Extraordinary rendition is the name which has been given to the CIA's programme of flying terror suspects to secret locations outside the US, where they could be subjected to torture and violent interrogation and kept in deplorable conditions, without access to justice or the rule of law.
Jeppeson, which is a wholly owned subsidiary of Boeing, was a key player in this programme, in that it provided flight planning and logistical support in the transfer of prisoners, knowing that they were being transferred to third countries. Reprieve client, Binyam Mohamed and others have sued Jeppesen for its involvement in their rendition and consequent torture.
The first case was brought in the US. Before Jeppeson answered the complaint, the US Government intervened claiming that the subject matter of the case was a state secret and thus covered by the cloak of legal privilege. The District Court agreed and dismissed the case.
Binyam and the other Claimants appealed and on the 28th April 2009, the US Court of Appeals reversed the decision (judgment here), stating that each piece of evidence must be weighed separately as to the ‘danger’ it would pose if made public and that the case could then proceed with whatever evidence was deemed safe to be revealed. We are waiting to hear the US Government's response to this judgment.
In England, Binyam and other Claimants have brought similar procedings against the arm of Jeppesen which is based in the UK. Jeppesen has applied for the claim to be struck out (arguing that it has no merit) and that application will be heard in Court in July. Watch this space...
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