Spain Launches Criminal Investigation Into US Torture at Gitmo

by Rhonda J Mangus | May 1, 2009 at 01:56 pm
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Spain Launches Criminal Investigation Into US Torture at Gitmo

Spain Launches Criminal Investigation Into US Torture at Gitmo

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According to this report, Spain is doing what President Obama should be doing: a criminal investigation into the use of torture at Guantanamo Bay, Cuba.


Despite rhetoric coming from the White House that Americans should look "forward not backwards" when it comes to pursuing those responsible for torture, Spain doesn't seem to be listening. Judge Balthazar Garzon, who has been pursuing a criminal case against six former Bush administration officials for torture, has now authorized a wide-ranging criminal investigation into the US torture program at Guantanamo. The recently released torture memos and declassified Senate reports, Garzon said, show that at Guantanamo there is "an authorized and systematic plan for torture and harsh treatment of people deprived of their freedom without any charges and without the most basic elemental rights for detainees, set forth and demanded by international treaties."

According to the Center for Constitutional Rights, Garzon's "writ did not name specific officials as defendants but speaks of investigating the roles of those responsible for authorizing, planning and executing the torture program, particularly in light of the newly release torture memos and the Senate Armed Services Committee report. The case could lead to arrest warrants in Europe and, according to CCR attorneys, places new pressure on the Obama administration to appoint its own special prosecutor to investigate the crimes committed by former officials."

CCR said in a statement today that new case could also include the torture memo lawyers and "may well lead to investigations of top officials," including Donald Rumsfeld and Dick Cheney. There are at least four Spanish citizens alleged to have been tortured by the US at Guantanamo.

"The torture conspirators are in deep trouble," says CCR president Michael Ratner. "Even if the U.S. fails in its obligation to criminally investigate, Spain will. The conspirators can run, but they can't hide. It is conceivable that arrest warrants have already been issued or will be soon. Indictments will almost surely follow. The torture team's travel options are narrowing."



Read full report here.  Read CCR release here

Video: Spain Considers Torture Probe of Bush Officials, here.

Related stories on NowPublic, here.

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0
Amy Judd

An interesting development for sure...

0
Rhonda J Mangus

Amy, thanks for reading, commenting, and for the recommendation. I think it an interesting development too, and I am glad that Spain is not listening to the rhetoric. 




0
Paschen

Spain has courage, I am not sure though that this wont be suppressed and end up leading no where. It is a slap in the face for Obama and usually the US do not take does to well, even if they deserve them at times.

0
Rhonda J Mangus

Paschen, thank you for reading, commenting, and for the recommendation. If the media gives this matter its objective attention, there is no way it can be suppressed and justice should be served accordingly.

I think you might find the story at the link I provided to Roy, interesting.





1
Barbara McPherson

Good news.  It was the Spanish that eventually caught up with Pinochet. 

0
Rhonda J Mangus

Hi Barbara! Thank you for reading, commenting, and for the recommendation! Yes, very good news. And, yes, Judge Baltasar Garzon of Spain was responsible for catching up with Pinochet -- Augusto Pinochet's arrest and trial.



2
Roy C

They have no jurisdiction and this will all go nowhere.

This concept of universal jurisdiction is the ultimate folly of Europeans who, having failed at world conquest with the loss of their exploited colonies, and having been so deluded as to succumb to the twin evils of fascism and communism, now take it upon themselves to declare themselves in charge of judging the world.

Note that the Europeans don't indict criminals such as Robert Mugabe, the tyrant of Zimbabwe, just people they know they can arrest as they pass through Europe, people who don't have politically correct protectors. Mugabe and Castro should be indicted and prosecuted for torture and other crimes, given the criterion used by these politicized Spanish judges.

Pinochet was going to be tried in Chile before he died. The Chileans had jurisdiction.

Universal jurisdiction or universality principle is a principle in international law whereby states claim criminal jurisdiction over persons whose alleged crimes were committed outside the boundaries of the prosecuting state, regardless of nationality, country of residence, or any other relation with the prosecuting country. The state backs its claim on the grounds that the crime committed is considered a crime against all, which any state is authorized to punish, as it is too serious to tolerate jurisdictional arbitrage . The concept of universal jurisdiction is therefore closely linked to the idea that certain international norms are erga omnes, or owed to the entire world community, as well as the concept of jus cogens - that certain international law obligations are binding on all states and cannot be modified by treaty.

0
Rhonda J Mangus

Roy, thank you for commenting and for the additional information. However, Spain Can Actually Prosecute Bush and Co. for Their Crimes. And, from the article, universal jurisdiction complements, it does not super-cede national prosecutions. If the US were investigating 'The Bush 6' (as they have come to be known), other countries would not. Also see what the US promised when it ratified the Convention Against Torture.


0
Roy C

And was slapping a detainee in the face or depriving him of sleep considered torture? And was it not folly to sign that convention?

And, as I said, where is all the outrage, especially from you, about how the Castros actually locked up gays for being gay?

0
Rhonda J Mangus

Roy, here again, a read from Matthew Alexander. Too the issue of Cuba, it has moved forward in its treatment of LGBT, and is in fact doing more for its LGBT community than the United States is doing overall.




0
Roy C

Really, that is quite a change, but Castro would still have to go to jail for the past under your logic. A good page on Torture in Cuba.

"Severe pain or suffering" is the key phrase and the key word in the key phrase is "severe".

I still doubt that 12 Americans are going to find those methods as "severe". Obviously, some kind of "less severe" methods are legal under this agreement.

And water-boarding, face-slapping and sleep deprivation are not "severe", simply put.

0
Rhonda J Mangus

Roy, I am always amazed at how quickly some people readily accuse other nations of torture, but are not willing to look at (and condemn) the US and its tortuous practices. In fact, some people will go to great lengths to justify the illegal practice of torture by the US government.

"Severe pain or suffering" is the key phrase and the key word in the key phrase is "severe".

I still doubt that 12 Americans are going to find those methods as "severe". Obviously, some kind of "less severe" methods are legal under this agreement.

And water-boarding, face-slapping and sleep deprivation are not "severe", simply put."

You are entitled to this opinion. There are many however that disagree with you and, as you know, I am one of them.






0
Roy C

Here is a case: torture in Zimbabwe.

What makes an act immoral is not the act itself but the context in which it occurs and its intent. I will tell you that if Robert Mugabe used sleep deprivation to find out who was going to plant a bomb or who had planted a bomb at a railroad station to kill innocents, I would accept that.

I am not inconsistent on that. And people such as Dershowitz, the very liberal Harvard attorney, agree with me.

 


0
Rhonda J Mangus

Roy, a link to photos of US Torture of Iraqi Prisoners at the Abu Ghraib Prison in Iraq.


0
Rhonda J Mangus

Roy, a link to The Effects of Sleep Deprivation.


0
Rhonda J Mangus

How alleged 'rational' people justify torture:  Explaining and Authorizing Specific Interrogation Techniques.



0
albertacowpoke

We already have a court in DeHague.  If it is to be taken offshore that is where it should be handled. 

1
CeeCee

How does this look to have the former President and his Vice arrested for torture. I admit that it was wrong no doubt. However, come on, this will not happen here in the U.S. Let's be real here.  Come on.... Not going to happen.....The President and His Vice arrested and going to jail.... Yeah right! Never will happen.

0
Rhonda J Mangus

CeeCee, I hope for the sake of all world citizens that you are wrong. Thank you for reading and commenting.


0
albertacowpoke

Cee Cee - You.re right. 

0
CeeCee

Alberta, yeah it's a joke and will never happen.... Yes they should be arrested but we all know this will never happen..... The former Pres and his Vice will never be arrested ever...

1
tikun

It is a known fact that former presidents  of the US have a certain immunity against an attempt to put them on trial for some administration policy. If this takes place every administration will be so cautious to act in the interests of the country that nothing risky will ever be undertaken in the interest of the people.

The Hague and other self-proclaimed parties for "justice" will go no where. You may hate Bush, and I was no supporter,  but don't let these feelings blind you to the opening of Pandora's box. 

It will come back to bite everyone in places you never suspected. You don't like the policies of the administration then vote them out. That is how it works in America and well in my opinion.

Anyone can find many actions taken in hindsight that could be used for prosecution. American Presidents often take undisclosed risks in the name of the best interests of the country. Sometimes they are poor decisions. That's how life works. We hope they will all be wise ones but any reasonable person knows that this will not always be the case.

2
Roy C

Tikun, there is a vindictive streak in modern liberals that didn't exist in JFK and people such as Hubert Humphrey.

It is amazing to me that people so critical of the excesses of the zealots of orthodox Christianity can continue to embody this need for hangman's justice with the same zealotry and degree of prejudice.

0
albertacowpoke

The problem with the whole issue is, that it is split along party lines.  Those that call it torture and those that call it enhanced interrogation.   Personally I think the damage was done as soon as those torture memos were released to America and the world.  Later on this month more pictures will be released.  Unfortunately, not all facts and evidence have been put on the table.  My contention is that a pandoras box has been opened, which can.t be closed.  I agree with tikun that the precedent has now been set to to slander previous administrations. 

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Amy Judd
First Flagged at 2:25 PM, May 1, 2009 by Amy Judd
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