A U.S. citizen is scheduled to be released from an Afghan prison as the State Department and FBI faced a deadline yesterday to answer allegations they ordered his torture and manipulated the Afghan judicial system.

Jack Idema is the last of three U.S. citizens imprisoned in Afghanistan for running a private prison. Idema said they were hunting terrorists as part of a mission sanctioned by U.S. counterterrorism officials - a claim that U.S. officials have denied.

Attorneys for the three men filed a lawsuit in Washington in 2005 challenging their detention. In court documents, Idema accused the State Department and FBI of illegally keeping him imprisoned in a deplorable Afghan prison, directing his torture and destroying evidence. He said he has audio recordings and documents to back up his claims.

U.S. District Judge Emmet Sullivan said he was "deeply troubled" by the allegations and gave the U.S. government until yesterday to respond.

"Petitioners allege that United States officials ordered their arrest, ordered their torture, stole exculpatory evidence during their trial and appeal, exerted undue influence over Afghan judges, and either directly or indirectly ordered judges who found petitioners innocent not to release petitioners from prison," Sullivan wrote.

The Justice Department, which represents the U.S. government in court, did not respond. Instead, government attorneys asked that the case be thrown out because they say the Afghan government granted Idema amnesty and commuted his sentence.

"As soon as the travel arrangements for Mr. Idema's departure from the country are made, his release and deportation should follow imminently," government attorneys wrote April 5. "Indeed, as of the time of this filing, it is our understanding that Mr. Idema's release is imminent."

Sullivan has not ruled on whether to dismiss the case. If he does not dismiss it, he said the government will have a month from the time of that decision to respond to Idema's accusations.

Idema's lawyer, John Tiffany, said the U.S. government coordinated Idema's amnesty to avoid having to respond to the allegations of torture and government misconduct.

"The Aghan government doesn't do anything unless the United States government tells them to do it," Tiffany said. "They got caught with their pants down. Finally, a federal judge with courage and intellect said, 'Hey, wait a minute. Let's look at this.' "

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By MATT APUZZO

The Associated Press