(CN) – The 9th Circuit on Tuesday granted the Obama administration’s request to rehear the case of five former detainees who accused a Boeing subsidiary of helping the CIA fly them to foreign countries, where they were interrogated and tortured.
In April a three-judge panel rejected arguments by the Bush and Obama administrations that the case needed to be dismissed to protect state secrets.
The men, all foreigners, claimed the torture and abuse included being beaten, shocked, deprived of sleep and food, cut with a scalpel, blindfolded and handcuffed, kept in squalid conditions and threatened with sexual torture.
Three men were eventually released; two are serving prison terms in their native countries of Morocco and Egypt.
The five men sued Boeing subsidiary Jeppesen Dataplan, claiming it participated in the CIA’s extraordinary rendition program by providing logistical support to the planes and flight crews that took the men to their detention sites.
The 9th Circuit panel overturned the district court’s dismissal of the case after the government intervened, claiming the government’s contract with Jeppesen had been made on the condition of secrecy.
The judges said they needed more information to determine if the state-secrets privilege applied.
A majority of the 9th Circuit judges on Tuesday agreed to rehear the case.
Judges Reinhardt, McKeown, Gould, Bybee, Milan D. Smith Jr. and Ikuta did not participate in the deliberations or vote, according to the order.