Bush
Torture Indictment in Canada , October 14, 2011
Switzerland
On
February 7, 2011, two torture victims were to have filed criminal complaints
for torture against former president George W. Bush in Geneva, who was due to
speak at an event there on February 12th.
On the eve of the filing of the complaints, George Bush cancelled his
trip. Swiss law requires the presence of
the alleged torturer on Swiss soil before a preliminary investigation can be
open. The complaints could not be filed
after Bush cancelled, as the basis for jurisdiction no longer existed.
These
two complaints are part of a larger effort to ensure accountability for
torturers, including former U.S. officials.
So
on February 7, 2011, CCR publically released the "Preliminary Bush Torture
Indictment." This document
presents fundamental aspects of the case against George Bush for torture, and a
preliminary legal analysis of his liability for torture and a response to some
anticipated defenses. This document
will be updated as developments warrant.
The exhibit list contains references to more than 2,500 pages of
supporting material.
Canada
On
September 29, 2011, CCR and CCJI delivered a letter and Indictment to the
Minister of Justice and Attorney General of Canada, urging him to prosecute
George W. Bush for crimes of torture -- for his role in authorizing and
overseeing his administration’s well-documented torture program -- if he
travels to Canada as scheduled on October 20, 2011. Bush is scheduled to visit Surrey, British
Columbia on October 20th, as a paid speaker at the Surrey Regional Economic
Summit at the invitation of Surrey Mayor Diane Watts.
According
to the Indictment, former President Bush
bears individual and command responsibility for the acts of his subordinates,
which he ordered, authorized, condoned, or otherwise aided and abetted, as well
as for violations committed by his subordinates, which he failed to prevent or
punish. In particular, Bush is alleged
to have authorized or overseen enforced disappearance and secret detention,
extraordinary rendition, waterboarding, exposure to extreme temperatures, sleep
deprivation, punching, kicking, isolation in “coffin” cells for prolonged
periods, threats of bad treatment, solitary confinement, and forced nudity.
The
Indictment .. details the grave evidence that former President Bush sanctioned
and authorized acts of torture, which violates Canadian laws and the international
treaties that Canada has ratified. Consequently,
the Canadian government has both the jurisdiction and the obligation
to prosecute George W. Bush if he sets foot in Canadian territory.
One
hundred and forty-seven countries, including Canada and the United States, are
party to the United Nations Convention Against Torture (CAT), meaning that
those countries have committed to promptly investigate, prosecute, and punish torturers.
While the U.S. has thus far failed to
comply with its obligations under the CAT, all other signatories are similarly
obligated to prosecute or extradite for prosecution anyone present in
their territory who they reasonably believe has committed torture. If the evidence warrants, as the Bush
indictment contends it does, and if the U.S. fails to request that Bush be
extradited to face charges of torture, Canada must, under law, prosecute him
for torture.
Indictment
– Canada
Rights
groups urge Canada to arrest ex-US president Bush ahead of visit , October 14,
2011
In
November, the American Civil Liberties Union (ACLU)
[advocacy website] urged US Attorney General Eric Holder to investigate Bush
for violation of the federal statute prohibiting torture [18
USC § 2340A]. Also citing his memoir, the ACLU argued that the use of
waterboarding has historically been prosecuted as a crime in the US. The letter
also argued that failure to investigate Bush would harm the US's ability to
advocate for human rights in other countries. Bush's secretary of defense Donald Rumsfeld [JURIST news archive] has
also faced possible criminal charges in Europe, when, in 2007, a war crimes complaint was filed against him [JURIST
report] in Germany for his involvement in detainee treatment. The case was later dismissed [JURIST report].
HRW
press release , OCTOBER 12, 2011
On
September 21, 2011, Amnesty International sent a memorandum to
Canada’s minister of justice and attorney general detailing the basis for
charges against Bush. On September 29, the Canadian Centre for International
Justice (CCIJ) and the Center for Constitutional Rights (CCR) sent the minister
of justice a draft
indictment setting forth the factual and legal basis for charging
Bush with torture.
Human Rights Watch has reported on specific interrogation techniques authorized by the Bush administration, including waterboarding, confining detainees in a dark box for up to 18 hours at a time, prolonged sleep deprivation, exposure to heat or cold, pushing detainees into walls, and the use of stress positions.
Human Rights Watch has reported on specific interrogation techniques authorized by the Bush administration, including waterboarding, confining detainees in a dark box for up to 18 hours at a time, prolonged sleep deprivation, exposure to heat or cold, pushing detainees into walls, and the use of stress positions.
Even
without Bush’s presence in Canada, the Canadian government can charge Bush for
torture if a Canadian citizen is the victim. On September 26, 2002, US
authorities detained Syrian-born
Canadian national Maher Arar, while on his way home to Montreal, at
John F. Kennedy airport in New York City, and flew him to Syria, via Jordan.
Arar alleges that in Syria he was beaten in the stomach, face, and back of the
neck, whipped with a two-inch thick electric cable on the palms, hips, and lower
back, and interrogated for up to 18 hours a day. He was confined in a dark,
dank, underground, grave-like cell that was three feet wide, six feet long, and
seven feet tall for more than 10 months.
The Syrian government released Arar after nearly a year, finding he had no connection to any terrorist or criminal activity. The Canadian government, following an extensive inquiry, cleared Arar of all terror connections, offered him a formal apology, acknowledged playing a role in his rendition, and provided compensation of CA$10.5 million plus legal fees. The inquiry expressly concluded that Arar had been tortured in Syria. The Bush administration refused to assist the Canadian inquiry and disregarded Prime Minister Stephen Harper’s request that the US government acknowledge its inappropriate conduct.
The Syrian government released Arar after nearly a year, finding he had no connection to any terrorist or criminal activity. The Canadian government, following an extensive inquiry, cleared Arar of all terror connections, offered him a formal apology, acknowledged playing a role in his rendition, and provided compensation of CA$10.5 million plus legal fees. The inquiry expressly concluded that Arar had been tortured in Syria. The Bush administration refused to assist the Canadian inquiry and disregarded Prime Minister Stephen Harper’s request that the US government acknowledge its inappropriate conduct.
AI
press release , 12 October 2011
Human
rights group wants ex-president Bush arrested for human rights abuses when he
visits Surrey
Ottawa
dismisses Amnesty International 'stunt'.
OCTOBER 13, 2011
Canada
brushed off a call by Amnesty International Wednesday to arrest former U.S.
President George W. Bush for human rights abuse, saying the organization was
engaging in cheap stunts.
Immigration
Minister Jason Kenney, noted in an email that in the past, Amnesty had not
asked for Canada to bar former Cuban leader Fidel Castro, even though the
rights organization itself said he had presided over "arbitrary arrests,
detention, and criminal prosecution."
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DO
immunity
rationae materiae
Pinochet
case in House of Lords
Democratic
Republic of the Congo v. Belgium (ICJ, 2000)
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