Saturday 28 March 2009
by: | Visit article original @ Reuters
Six former Bush officials are target of Spanish court inquiry. (Photo: Louie Palu / The Walrus)
New York - A top Spanish court has moved toward starting a probe of six former Bush administration officials including ex-Attorney General Alberto Gonzales in connection with alleged torture of prisoners at Guantanamo Bay, The New York Times said on Saturday.
The criminal investigation would focus on whether they violated international law by providing a legalistic justification for torture at the U.S. detention camp in Cuba, the Times said.
The paper said the National Court in Madrid had assigned the case to judge Baltasar Garzon, known for ordering the arrest of former Chilean dictator Augusto Pinochet.
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Bush Torture Lawyers Targeted in Criminal Probe •
Garzon has accepted the case and sent it to the prosecutor's office for review, the newspaper said, citing an official close to the case.
The complaint, prepared by Spanish lawyers with the help of U.S. and European legal experts, also names John Yoo, the former Justice Department lawyer who wrote secret legal opinions saying the president had the authority to circumvent the Geneva Conventions, and Douglas Feith, the former undersecretary of defense for policy.
Spain can claim jurisdiction in the case because five Spanish citizens or residents who were prisoners at Guantanamo Bay say they were tortured there.
The other Americans named are William Haynes II, former general counsel for the Department of Defense; Jay Bybee, Yoo's former boss at the Justice Department's Office of Legal Counsel; and David Addington, chief of staff and legal adviser to ex-Vice President Dick Cheney.
Yoo, already the subject of a Justice Department ethics investigation, declined to comment to the Times. The others either could not be reached or did not immediately respond to requests for comment, the Times said.
Gonzalo Boye, a Madrid lawyer who filed the complaint, said the six Americans had well-documented roles in approving illegal interrogation techniques, redefining torture and abandoning the definition set by the 1984 Torture Convention, the newspaper said.
Bush Torture Lawyers Targeted in Criminal Probe
Saturday 28 March 2009
by: Scott Horton | Visit article original @ Harper's Magazine
One of America's NATO allies - which supported the Bush Administration's war on terror by committing its troops to the struggle - has now opened formal criminal inquiries looking into the Bush team's legacy of torture. The action parallels a criminal probe into allegations of torture involving the American CIA that was opened this week in the United Kingdom.
Spain's national newspapers, El País and Público reported that the Spanish national security court has opened a criminal probe focusing on Bush Administration lawyers who pioneered the descent into torture at the prison in Guantánamo. The criminal complaint can be examined here. Público identifies the targets as University of California law professor John Yoo, former Department of Defense general counsel William J. Haynes II (now a lawyer working for Chevron), former vice presidential chief-of-staff David Addington, former attorney general and White House counsel Alberto Gonzales, former Assistant Attorney General Jay Bybee, now a judge of the United States Court of Appeals for the Ninth Circuit, and former Undersecretary of Defense Doug Feith.
The case was opened in the Spanish national security court, the Audencia Nacional. In July 2006, the Spanish Supreme Court overturned the conviction of a former Spanish citizen who had been held in Guantánamo, labeling the regime established in Guantánamo a "legal black hole." The court forbade Spanish cooperation with U.S. authorities in connection with the Guantánamo facility. The current criminal case evolved out of an investigation into allegations, sustained by Spain's Supreme Court, that the Spanish citizen had been tortured in Guantánamo.
The Spanish criminal court now may seek the arrest of any of the targets if they travel to Spain or any of the 24 nations that participate in the European extraditions convention (it would have to follow a more formal extradition process in other countries beyond the 24). The Bush lawyers will therefore run a serious risk of being apprehended if they travel outside of the United States.
Judge Baltasar Garzón is involved in the investigation, according to the El País report. Garzón is Europe's best known counterterrorism magistrate, responsible for hundreds of cases targeting the activities of ETA and related Basque terrorist organizations. He also spearheaded the successful investigation of Al Qaeda-affiliated terrorist organizations operating in the Maghreb region, including Spanish enclaves in Morocco. But Garzón is best known for his prosecution of a criminal investigation against Chilean dictator Augusto Pinochet that resulted in the issuance of an arrest warrant for Pinochet while he was visiting England.
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