The U.S. Supreme Court vacated a decision of a federal appeals court to require the Pentagon to release photos of showing torture of detainees in Iraq and Afghanistan. -DB
The U.S. Supreme Court on Monday vacated and remanded a decision by the U.S. Court of Appeals for the Second Circuit that required the Pentagon to release photos of abused detainees in Iraq and Afghanistan.
Defense Secretary Robert Gates [official profile; JURIST news archive] exercised his authority [JURIST report] under the Act in November. Gates feared that the release of the photos would endanger American lives. The American Civil Liberties Union (ACLU) [advocacy website] vowed [press release] to continue to fight for the photos to be released.
The detainee abuse photos are now part of the records of the Department of Defense and the Department of the Army. In August, the Obama administration petitioned the U.S. Supreme Court [JURIST report] to overturn the order to release the photos, alleging that this could lead to further violence in Iraq and Afghanistan that would endanger US civil and military personnel. In spite of its previous ruling, the Second Circuit ruled in June that the US government could continue to withhold photos [JURIST report] of alleged detainee abuse while it awaits a response from the Supreme Court. The original court mandate to release the photos came from a Freedom of Information Act (FOIA) [text] challenge successfully brought by the ACLU in 2005.
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