12/19/06

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A lawyer for a German man who was abducted while on vacation in Macedonia and said he was tortured while in C.I.A. custody in Afghanistan urged a federal appeals court on Tuesday to reinstate his lawsuit against the agency, which had been dismissed for national security reasons.

In May, a federal trial judge threw out the suit brought by Khaled el-Masri, who said he was an innocent victim of the Central Intelligence Agency's program of transferring terrorism suspects secretly to other countries for detention and interrogation. Judge T. S. Ellis III of Federal District Court in Alexandria said that although it appeared a great injustice might have been done to Mr. Masri, he was persuaded by the government that there was no way to even begin a trial without impermissibly disclosing state secrets.

Benjamin Wizner, a lawyer with the American Civil Liberties Union, told a three-judge appeals panel on Tuesday that the government's position was absurd because what happened to Mr. Masri had hardly remained secret. He noted that the German government was openly investigating whether its officials had played a role in Mr. Masri's ordeal, and numerous news accounts have quoted unidentified American officials as confirming what happened.

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