WASHINGTON: The US Supreme Court on Thursday ruled that due to national security concerns two former CIA contractors cannot be questioned in a Polish investigation into the treatment of Abu Zubaydah, a suspected high-ranking Al-Qaeda figure who was repeatedly subjected to a type of torture called waterboarding.
The justices ruled 6-3 that Central Intelligence Agency contractors James Elmer Mitchell and John Bruce Jessen cannot be subpoenaed under a US law that lets federal courts enforce a request for testimony or other evidence for a foreign legal proceeding. Abu Zubaydah, 50, is one of 39 remaining detainees at the US naval base at Guantanamo Bay, Cuba.
The court found that the government could assert what is called the “state-secrets privilege” to prevent the contractors from being questioned in the Polish criminal investigation about their role in interrogating Abu Zubaydah because it would jeopardize US national security.
Poland is believed to be the location of a “black site” where the CIA used harsh interrogation techniques against him. Abu Zubaydah lost an eye and underwent waterboarding — a form of simulated drowning — 83 times in a single month while held by the CIA, according to US government documents.
The contractors’ testimony “would be tantamount to a disclosure from the CIA itself,” Justice Stephen Breyer wrote in the ruling.
“For these reasons, we conclude that in this case the state secrets privilege applies to the existence (or nonexistence) of a CIA facility in Poland,” Breyer added.
The justices were divided on what exactly should happen, with six justices saying Abu Zubaydah’s request should be dismissed. Conservative Neil Gorsuch and liberals Sonia Sotomayor and Elena Kagan said the case should be sent back to lower courts.
Gorsuch wrote a strongly worded dissenting opinion joined by Sotomayor saying that much of what the government claims to be a state secret is already widely known.
“There comes a point where we should not be ignorant as judges of what we know to be true as citizens,” Gorsuch wrote.
“Ending this suit may shield the government from some further modest measure of embarrassment. But respectfully, we should not pretend it will safeguard any secret,” Gorsuch added.
Abu Zubaydah, who is Palestinian, was captured in 2002 in Pakistan and has been held by the United States since then without charges. He has spent more than 15 years detained at Guantanamo.
David Klein, Abu Zubaydah’s lawyer, said that although the court ruled against his client, it left the door open to him filing an amended request that would not require disclosure of the site’s location. That means “there is a pathway for him to finally uncover the truth about what happened to him at the hands of the CIA during a critical part of his detention,” Klein added.
The Justice Department declined to comment.
At the case’s October oral arguments, some justices asked why the government would not let Abu Zubaydah himself be questioned. The Justice Department later told the court it would agree to Abu Zubaydah sending a declaration that could be used in the Polish investigation, although it would have to be reviewed first. Abu Zubaydah’s lawyers called that approach unacceptable.
Abu Zubaydah was “an associate and longtime terrorist ally of Osama bin Laden,” the leader of the Al-Qaeda Islamist militant group killed by US forces in Pakistan in 2011, according to a Justice Department filing.
The justices have turned away multiple cases brought by Guantanamo detainees challenging their confinement. Abu Zubaydah’s own case has been pending in lower courts for more than a decade.
The US government has disclosed that Abu Zubaydah was held overseas and interrogated using “enhanced interrogation techniques” but has not revealed locations. The European Court of Human Rights determined that Abu Zubaydah was held in Poland in 2002 and 2003.
The San Francisco-based 9th US Circuit Court of Appeals ruled in 2019 that Mitchell and Jessen could be subpoenaed, prompting the Justice Department to appeal to the Supreme Court.
Details of CIA activities were confirmed in a 2014 US Senate report that concluded that the interrogation techniques were more brutal than originally disclosed and that the agency misled the White House and public about its torture of detainees captured overseas after Al-Qaeda’s Sept. 11, 2001, attacks on the United States.
US Supreme Court nixes CIA contractors’ testimony on Guantanamo detainee arrested in Pakistan
https://arab.news/rbc42
US Supreme Court nixes CIA contractors’ testimony on Guantanamo detainee arrested in Pakistan
- Suspected Al-Qaeda figure Abu Zubaydah is one of 39 remaining detainees at Guantanamo Bay, was subjected to waterboarding
- Abu Zubaydah, who is Palestinian, was captured in 2002 in Pakistan and has been held by the United States since without charges
‘Look ahead or look up?’: Pakistan’s police face new challenge as militants take to drone warfare
- Officials say militants are using weapons and equipment left behind after allied forces withdrew from Afghanistan
- Police in northwest Pakistan say electronic jammers have helped repel more than 300 drone attacks since mid-2025
BANNU, Pakistan: On a quiet morning last July, Constable Hazrat Ali had just finished his prayers at the Miryan police station in Pakistan’s volatile northwest when the shouting began.
His colleagues in Bannu district spotted a small speck in the sky. Before Ali could take cover, an explosion tore through the compound behind him. It was not a mortar or a suicide vest, but an improvised explosive dropped from a drone.
“Now should we look ahead or look up [to sky]?” said Ali, who was wounded again in a second drone strike during an operation against militants last month. He still carries shrapnel scars on his back, hand and foot, physical reminders of how the battlefield has shifted upward.
For police in the northwestern Khyber Pakhtunkhwa (KP) province, the fight against militancy has become a three-dimensional conflict. Pakistani officials say armed groups, including the Tehreek-e-Taliban Pakistan (TTP), are increasingly deploying commercial drones modified to drop explosives, alongside other weapons they say were acquired after the US military withdrawal from neighboring Afghanistan.
Security analysts say the trend mirrors a wider global pattern, where low-cost, commercially available drones are being repurposed by non-state actors from the Middle East to Eastern Europe, challenging traditional policing and counterinsurgency tactics.
The escalation comes as militant violence has surged across Pakistan. Islamabad-based Pakistan Institute for Conflict and Security Studies (PICSS) reported a 73 percent rise in combat-related deaths in 2025, with fatalities climbing to 3,387 from 1,950 a year earlier. Militants have increasingly shifted operations from northern tribal belts to southern KP districts such as Bannu, Lakki Marwat and Dera Ismail Khan.
“Bannu is an important town of southern KP, and we are feeling the heat,” said Sajjad Khan, the region’s police chief. “There has been an enormous increase in the number of incidents of terrorism… It is a mix of local militants and Afghan militants.”
In 2025 alone, Bannu police recorded 134 attacks on stations, checkpoints and personnel. At least 27 police officers were killed, while authorities say 53 militants died in the clashes. Many assaults involved coordinated, multi-pronged attacks using heavy weapons.
Drones have also added a new layer of danger. What began as reconnaissance tools have been weaponized with improvised devices that rely on gravity rather than guidance systems.
“Earlier, they used to drop [explosives] in bottles. After that, they started cutting pipes for this purpose,” said Jamshed Khan, head of the regional bomb disposal unit. “Now we have encountered a new type: a pistol hand grenade.”
When dropped from above, he explained, a metal pin ignites the charge on impact.
Deputy Superintendent of Police Raza Khan, who narrowly survived a drone strike during construction at a checkpoint, described devices packed with nails, bullets and metal fragments.
“They attach a shuttlecock-like piece on top. When they drop it from a height, its direction remains straight toward the ground,” he said.
TARGETING CIVILIANS
Officials say militants’ rapid adoption of drone technology has been fueled by access to equipment on informal markets, while police procurement remains slower.
“It is easy for militants to get such things,” Sajjad Khan said. “And for us, I mean, we have to go through certain process and procedures as per rules.”
That imbalance began to shift in mid-2025, when authorities deployed electronic anti-drone systems in the region. Before that, officers relied on snipers or improvised nets strung over police compounds.
“Initially, when we did not have that anti-drone system, their strikes were effective,” the police chief said, adding that more than 300 attempted drone attacks have since been repelled or electronically disrupted. “That was a decisive moment.”
Police say militants have also targeted civilians, killing nine people in drone attacks this year, often in communities accused of cooperating with authorities. Several police stations suffered structural damage.
Bannu’s location as a gateway between Pakistan and Afghanistan has made it a security flashpoint since colonial times. But officials say the aerial dimension of the conflict has placed unprecedented strain on local forces.
For constables like Hazrat Ali, new technology offers some protection, but resolve remains central.
“Nowadays, they have ammunition and all kinds of the most modern weapons. They also have large drones,” he said. “When we fight them, we fight with our courage and determination.”
