The Center for Constitutional Rights will file the claim in Germany next week on behalf of Mohammad Al-Qahtani and 11 Iraqis who claim they were tortured in Baghdad's infamous Abu Ghraib prison. German courts claim a "universal jurisdiction" for war crimes.

Qahtani, who was stopped by an alert U.S. Customs officer in Orlando, Fla., before meeting with 9/11 cell leader Mohamed Atta days before the attacks, claims in legal papers he was tortured at the U.S. military prison in Guantanamo Bay, Cuba.

The CCR alleges that abuse of terrorist suspects at Gitmo and Abu Ghraib were condoned or authorized by Rumsfeld, who was axed by President Bush after this week's election results.

Retired Army Col. Janis Karpinski is the star witness backing the detainees, who also name ex-CIA Director George Tenet, Attorney General Alberto Gonzales, ex-Iraq commander Lt. Gen. Ricardo Sanchez and retired Gitmo commander Maj. Gen. Geoffrey Miller.

Before Bush demoted her from brigadier general because of the abuse, Karpinski commanded the Long Island-based 800th Military Police Brigade that ran all of Iraq's prisons, including Abu Ghraib.

"It was clear the knowledge and responsibility [for Abu Ghraib detainee abuses] goes all the way to the top of the chain of command to the Secretary of Defense Donald Rumsfeld," Karpinski said in the legal brief.

Karpinski did not return calls by the Daily News yesterday.