An American who was captured by Kenyan forces in January 2007 has filed suit, arguing that FBI agents involved in his interrogation and transfer to other countries violated his constitutional rights.
The suit is the first by a U.S. citizen seeking damages for the practice of "rendition," the extrajudicial transfer of suspects between countries. "U.S. officials repeatedly threatened Mr. Meshal with torture, forced disappearance, and execution in order to coerce him to confess to wrongdoing in which he had not engaged and to associations that he did not have," according to the lawsuit, which targets two FBI agents, identified as Chris Higgenbotham and Steve Hersem, and two unidentified U.S. officials who allegedly questioned Meshal in Kenya and Ethiopia.
Meshal traveled to Somalia in 2006 "to enrich his study of Islam." according to the lawsuit. When U.S.-backed forces launched an offensive on Magadishu, Meshal fled to neighboring Kenya, where he was picked up near the Somali border. He was held at the behest of U.S. officials, often in filthy and crowded cells, according to the lawsuit. He was repeatedly questioned by FBI agents who threatened to send him to Israel or Egypt unless he acknowledged ties to al-Qaeda, the lawsuit alleges. Meshal signed a document waiving counsel, but the lawsuit claims that the FBI told him doing so was the only way he would get home, effectively leaving him no choice.
When a Kenyan human rights group filed a habeas petition on behalf of Meshal, the American was secretly flown back to Somalia, where he was held for a number of days, before being taken to Ethiopia. He was also questioned repeatedly by U.S. agents in Ethiopia before finally being allowed to return to the United States on May 26, 2007.
Meshal, who is now back in his home state of New Jersey, has never been charged with a crime. A spokesman for the FBI declined to comment, citing the Justice Department's policy in civil litigation cases.
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