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Details of the al-Nashiri petition to Polish prosecutors were not made public by the lawyers, but the move comes after a series of stories by the AP detailing new revelations about his four-year captivity and those of other terror suspects inside CIA black sites.

“The American justice system has failed Mr. al-Nashiri,” said Nancy Hollander, his civilian attorney in the United States. “The U.S. government has yet to provide any accountability for the illegal imprisonment or horrific torture to which U.S. agents have subjected him for almost a decade. Therefore, we are seeking to intervene in the investigation in Poland in the hopes that a court finally will recognize the injustice he has suffered.”

According to the former intelligence officials and an internal CIA special review of the program, an agency officer named Albert revved a bitless power drill near the head of a naked and hooded al-Nashiri while he was held in the Polish prison. The CIA officer also took an unloaded semiautomatic handgun to the cell where al-Nashiri was shackled and racked the weapon’s ammunition chamber once or twice next to his head, the review reported.

The Arabic-speaking Albert, who once worked for the FBI as a linguist, was not a trained interrogator or authorized to use enhanced interrogation techniques, the special review said.

A U.S. official said the special review, led by an inspector general, showed the agency had dealt with the reported abuses. “The fact that individuals inside the program surfaced these kinds of issues themselves with the inspector general speaks to a high level of rigor and concern about the care and treatment of detainees,” said the official, who also spoke on the condition of anonymity because details of the secret program remain classified.

During al-Nashiri’s Poland detention, Albert also scoured him with a stiff brush and threatened his family, according to both former officials and the special review.

“We could get your mother in here,” and “We can bring your family in here,” Albert is quoted as saying in the CIA document. The stiff brush was “intended to induce pain on al-Nashiri,” according to the special review.

The U.S. official said the use of the brush did not lead to injuries and had also been scrutinized by Justice prosecutors.

Albert and his superior in charge of the jail were both reprimanded. The CIA’s inspector general referred the case to the Bush administration’s Justice Department. Prosecutors declined in September 2003 to charge Albert with a crime but federal authorities are reviewing the case again. Albert has since returned to intelligence work as a contract employee.

Al-Nashiri was waterboarded in Thailand, according to previous accounts. The others subjected to the simulated drowning technique were Zubayda and Khalid Shaikh Mohammed, the accused overseer of the Sept. 11 terror attacks.

According to the former officials and flight records, al-Nashiri was moved from Poland to Rabat, Morocco, on June 6, 2003, where he stayed until Sept. 22, 2003, when he was flown to the Guantanamo Bay camp in Cuba. On March 27, 2004, he was flown from Guantanamo and back to Rabat. Eventually he was moved to another CIA prison in Bucharest, Romania, living with five other detainees before surfacing in Guantanamo again in September 2006.

Al-Nashiri’s case is in limbo as the White House decides whether to prosecute him in a U.S. military or a federal civilian court. He is still detained in Guantanamo, his Polish lawyer says.

Efforts by human rights lawyers to learn more about the CIA secret prison network were set back earlier this month when the 9th U.S. Circuit Court of Appeals dismissed a lawsuit filed by five terrorism suspects against a Boeing Co. subsidiary.

The men said they were flown to secret prisons and tortured. They had sued the Jeppesen Dataplan aviation firm in 2007, claiming their flights amounted to illegal “forced disappearances,” and the San Jose-based subsidiary conspired with the CIA to operate the program.

Ms. Hollander said it was standard Polish procedure not to make the petition public but that could change.

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