• Research

USA: ‘Congress has made no such decision’: Three branches of government, zero remedy for counter-terrorism abuses: Court dismisses Padilla lawsuit

, Index number: AMR 51/008/2012

It is a fundamental rule of international law that any person whose human rights have been violated shall have access to an effective remedy. However, the US administration has systematically blocked access to remedy for current or former detainees in the counter-terrorism context over the past decade. The latest judicial decision blocking remedy comes from the US Court of Appeals for the Fourth Circuit in the case of José Padilla. All branches of government must now cooperate to ensure that this continuing failure to meet US international human rights obligations is ended.

View report in English