By Edith Honan
NEW YORK, Dec 11 (Reuters) - The mother of a U.S. citizen
who was detained as an "enemy combatant" from 2002 to 2006 and
says he was tortured, filed a petition against the United States
government on Tuesday with the Inter-American Commission on
Human Rights.
Jose Padilla - a former Chicago gang member and a Muslim
convert who became an al Qaeda recruit and was convicted on
terrorism charges - has maintained his designation as an enemy
combatant, his military detention and his treatment in custody
were unconstitutional.
However, Padilla's lawsuit against former Defense Secretary
Donald Rumsfeld and other officials accountable was dismissed,
and in June the U.S. Supreme Court rejected his appeal.
The American Civil Liberties Union, which filed the petition
on behalf of Padilla's mother, Estela Lebron, said her son's
treatment violated the American Declaration of the Rights and
Duties of Man.
The organization is calling on the United States to
"publicly acknowledge the violations and apologize for its
unlawful conduct."
"The U.S. has historically been a leader in ensuring access
to justice for human rights violations around the world, but it
has effectively closed the courtroom door to all victims and
survivors of the Bush administration's torture regime," said
Steven Watt, senior staff attorney with the ACLU Human Rights
Program.
"Denied redress in U.S. courts, torture survivors like
Padilla are now left with no choice but to turn to international
justice."
The IACHR is an independent human rights body of the
Organization of American States, a Washington-based group
founded to foster cooperation in the Americas. The ACLU filed
the petition jointly with the Yale Law School's Lowenstein
International Human Rights Clinic.
The U.S. Justice Department had no immediate comment.
"LAST CHANCE"
Padilla was taken into custody in Chicago in May 2002 after
arriving at O'Hare International Airport from Pakistan via
Switzerland.
U.S. Attorney General John Ashcroft said at the time Padilla
was suspected of plotting to detonate a radioactive "dirty bomb"
in a U.S. city, but Padilla never was charged with planning such
an attack.
President George W. Bush declared Padilla an enemy combatant
a month later, saying he possessed valuable intelligence about
al Qaeda.
Padilla was taken to a Navy jail in South Carolina, where he
said he was held in isolation, shackled for hours in
excruciating positions and subjected to prolonged periods of
constant light and then complete darkness.
He was convicted in 2007 in a U.S. court in Miami on charges
of conspiracy to murder, kidnap and maim people abroad,
conspiracy to provide material support for terrorism and
providing material support for terrorism.
Padilla is being held in a federal prison in Colorado.
"No human being deserves what happened to our family, and I
will continue to work for my son and for justice as long as I'm
breathing," said Lebron in a statement. "As a mother, I want to
be sure this never happens to anyone else. This petition may be
my last chance."
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