Survivors File U.N.
Complaint Against Canada for Failing to Prosecute George W. Bush for Torture
November 14, 2012,
Vancouver and New York— Today, four
torture survivors filed a complaint against Canada with the
United Nations Committee against Torture for the country’s failure
to investigate and prosecute former President George W. Bush during his
visit to British Columbia last year. As a signatory to the Convention against
Torture, Canada has an obligation to investigate and prosecute a torture
suspect on its soil. This is the first time a complaint concerning torture
allegations against a high-level U.S. official has been filed with the U.N.
Committee. The Canadian Centre for International Justice (CCIJ) and the
U.S.-based Center for Constitutional Rights (CCR) filed the complaint on
the men’s behalf.
“Canada has the
jurisdiction and the obligation to prosecute a torture suspect present in
Canada, including a former head of state, and even one from a powerful
country,” said Matt Eisenbrandt, CCIJ’s Legal Director. “Canada’s failure to
conduct a criminal investigation and prosecution against Mr. Bush when there
was overwhelming evidence against him constitutes a clear violation of its
international obligations and its own policy not to be a safe haven for
torturers.”
The four men – Hassan
bin Attash, Sami el-Hajj, Muhammed Khan Tumani and Murat Kurnaz – found their
long quest for justice stymied in October 2011. Canada’s Attorney General
refused to conduct a criminal investigation against Mr. Bush, and the Attorney
General of British Columbia swiftly intervened to shut down a private criminal prosecution submitted to a provincial
court in her jurisdiction during Mr. Bush’s visit. This occurred despite the
groups’ submission of a 69-page draft indictment and approximately 4000 pages of
evidence against Bush consisting of extensive reports and investigations
conducted by multiple U.S. agencies and the United Nations.
The Committee against
Torture can require Canada to explain the actions that led to the case being
closed without any investigation and can then issue a decision on whether
Canada has breached its obligations under the convention. If the
committee finds Canada in violation, it can specify appropriate remedial
measures.
“Through this process,
the world can learn whether Canada’s actions were grounded in law or in politics.
Canada’s refusal to investigate and prosecute George W. Bush marked a low-point
in the ongoing struggle to end impunity for torturers and denied these men the
opportunity to achieve some measure of justice,” said Katherine Gallagher,
Senior Staff Attorney at CCR and legal representative for the men. “They
now call upon the Committee to send a clear message that states must uphold
their obligations under the Convention against Torture and cannot allow other
factors – including political considerations – to interfere with the commitment
to end impunity for torturers.”
Ratified by 153
countries around the world, the U.N.
Convention against Torture requires states to investigate alleged
torturers present on their soil and submit them for prosecution—or extradite
them to another country for prosecution. Canada implemented this provision of
the Convention into its domestic criminal code and explicitly authorizes
prosecution for torture occurring outside Canadian borders. Canada, along with
55 other countries, allows individuals to file petitions with the U.N.
Committee for alleged breaches of the Convention; the United States has not
signed on to this provision.
In both Afghanistan and
Guantánamo, the four men who submitted the complaint survived inhumane
treatment including beatings, being hung from walls or ceilings, sleep, food
and water deprivation, and exposure to extreme temperatures. U.S. officials
eventually released Kurnaz after five years, and both el-Hajj, a reporter with
Al-Jazeera, and Khan Tumani, 17 at the time of his detention, after
approximately seven years, without ever bringing charges against them. Bin
Attash, only 16 when he was detained, remains at Guantánamo, though he has
never been formally charged with any wrongdoing.
Earlier this year, CCIJ and CCR submitted a report about the Bush torture case to the
Committee against Torture during an examination of Canada’s compliance with
the Convention. The Committee, in its concluding observations, called on the
Canadian government to “take all necessary measures with a view to ensuring the
exercise of the universal jurisdiction over persons responsible for acts of
torture, including foreign perpetrators who are temporarily present in Canada.”
In February 2011, the Center for Constitutional Rights, on
behalf of two survivors and supported by CCIJ and other human rights
organizations, attempted to initiate criminal proceedings against Bush
ahead of a scheduled visit to Switzerland. Bush cancelled the trip after
news of the prosecution, and the apparent unwillingness of Swiss authorities to
stop it, became known.
Read the complaint at CCR’s case page.
