Posted on 05/07/2009 1:25:50 AM PDT by nickcarraway
Human rights organizations and legal scholars are applauding the efforts of Spanish lawyers in seeking the indictment of six former officials of the George W. Bush administration in connection with the torture of detainees at the U.S. military's Guantanamo Bay prison.
Some, however, think more should be done at home.
Ben Wizner, attorney in the National Security Project of the American Civil Liberties Union, said, “The idea of Spain investigating America's treatment of detainees is an embarrassment to us. Once we were the world's leading champions, not only of human rights, but of accountability. We shouldn't be depending on other countries to clean up our mess.
“If the Obama administration did what the law required—appoint a special prosecutor—we would see fewer of our allies feeling they have to do our work,” he added.
Spanish prosecutors were asked to review the case by Baltasar Garzon, the crusading investigative judge who ordered the arrest of the former Chilean dictator Augusto Pinochet in 1998.
Judge Garzon asked for the review following a complaint filed by Spanish human rights lawyers led by the Association for the Dignity of Inmates, who could pursue the case in court even if prosecutors decide not to take it further. That occurred in the Pinochet case. Officials say that it is “highly probable” that the case will go forward and that it could lead to arrest warrants.
The U.S. officials involved in the investigation include former U.S. Attorney General Alberto Gonzales; John Yoo, the former Justice Department lawyer who wrote secret legal opinions saying President George W. Bush had the authority to circumvent the Geneva Conventions; Douglas Feith, the former undersecretary of defense for policy; William Haynes II, former general counsel for the Department of Defense; Jay Bybee, Mr. Yoo's former boss at the Justice Department's Office of Legal Counsel and now a federal judge; and David Addington, chief of staff and legal adviser to former Vice President Dick Cheney.
The investigation would likely focus on whether those officials violated international law by providing a legal justification for torture.
The six are said to have “participated actively and decisively in the creation, approval and execution of a judicial framework that allowed for the deprivation of fundamental rights of a large number of prisoners, the implementation of new interrogation techniques including torture, the legal cover for the treatment of those prisoners, the protection of the people who participated in illegal tortures and, above all, the establishment of impunity for all the government workers, military personnel, doctors and others who participated in the detention center at Guantanamo.”
The six Americans had well-documented roles in approving illegal interrogation techniques, redefining torture and abandoning the definition set by the 1984 Torture Convention, said Gonzalo Boye, a spokesman for the Association for the Dignity of Inmates.
The views of Michael Ratner, president of the Center for Constitutional Rights—which has played a major role in mobilizing lawyers to defend Guantanamo detainees—probably represents the consensus among U.S. human rights advocates. He said, “The importance of this investigation cannot be understated. Contrary to statements by some, the Spanish investigations are not ‘symbolic.' Just ask Augusto Pinochet, who was stranded under house arrest in England and who ultimately faced criminal charges in Chile because of the pressure of the Spanish courts.”
He added, “If and when arrest warrants are issued, 24 countries in Europe are obligated to enforce them. The world is getting smaller for the torture conspirators.”
“I hope Spain goes ahead with a full and fair investigation,” said Brian Foley, visiting associate professor of Law at Boston University. “These are serious allegations, and there needs to be a forum to air them. U.S. officials seem unwilling to look into the alleged war crimes, which is unfortunate and further diminishes any remaining U.S. moral authority. I hope the Spanish investigation is open and transparent, revealing the truth for the whole world to see, including—perhaps especially—American citizens. We need to face what has been done in our name.”
Spain's law allows it to claim jurisdiction in the case because five Spanish citizens or residents who were prisoners at Guantanamo Bay say they were tortured there. The U.S. detention camp in Cuba was set up to hold foreigners captured after U.S.-led forces invaded Afghanistan to root out Al-Qaeda and its Taliban protectors in response to the attacks of 9/11 against the United States. U.S. officials held that Guantanamo was beyond the reach of U.S. law, thus giving detainees no rights. But three landmark rebukes by the U.S. Supreme Court have destroyed that defense by ruling that prisoners have a right to challenge their detentions in U.S. civilian courts.
In one of his first acts in office, President Barack Obama set a one-year deadline for shutting the prison where about 245 people are still detained and which has been widely viewed by the international community as a stain on the U.S. human rights record.
Under Spanish law, prosecutors recommend whether to proceed with cases and determine whether any trial would come under the jurisdiction of the High Court. While there is no set deadline for a decision, a recommendation was expected soon, according to court officials.
Other articles found in the FINAL CALL:
Articles by MINISTER LOUIS FARRAKHAN
http://www.finalcall.com/artman/publish/cat_index_9.shtml
I just used this to slam a herd of liberals....
Posted the article without the link...they all jumped and screamed....
I posted the link and made this statement:
How weak is your arguement?
Minister Louis Farrakhan is on YOUR side of it.....
Nuff said.
Yep, “nuff said.”
Well, in the future, to avoid these ‘international entanglements’, we should follow the Geneva Convention.
All these prisoners should have been shot!! That is the part of the GC no one wants to talk about.
Pound sand you socialist rat bastards!
I believe I read that Holder has promised assistance to this new band of inquisitors.
I screwed up a liberal on youtube with the GC. He responded by saying that since no war was declared, the GC does not apply. I had to remind him that according to international law, GC will apply in nonwars to both combatants. The GC is very specific on what happens if a combatant is found in civilian clothes, armed and fighting. I also pointed out that if the enemy uses civilians as human shields, the forces under attack can still shoot back, and the death of the civilians is the responsibility of the ones using them as shields per GC. Thus the enemy forces and their commander specificly can be charged with war crimes and executed per GC. These rules were put in to minimize the death of civilians at great penalty to the forces that attempt to abuse them to a military advantage. Live by international law, die by international law.
How’s Spain doing with the palestinians who tortured the Israelis?
Being judged by Spain for not wearing gloves while handling a Koran, is laughable. What has this world come to?
Tell us about your inquisitions, Spain. Aw come on, tell us.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.