Spanish Judge Resumes Torture Case Against Six Senior Bush Lawyers
The Spanish newspaper Público reported exclusively on Saturday that Judge Baltasar Garzón is pressing ahead with a case against six senior Bush administration lawyers for implementing torture at Guantánamo.
Back in March, Judge Garzón announced that he was planning to investigate the six prime architects of the Bush administration's torture policies -- former Attorney General Alberto Gonzales; John Yoo, a former lawyer in the Justice Department's Office of Legal Counsel, who played a major role in the preparation of the OLC's notorious "torture memos"; Douglas Feith, the former undersecretary of defense for policy; William J. Haynes II, the Defense Department's former general counsel; Jay S. Bybee, Yoo's superior in the OLC, who signed off on the August 2002 "torture memos"; and David Addington, former Vice President Dick Cheney's Chief of Staff.
In April, on the advice of the Spanish Attorney General Cándido Conde-Pumpido, who believes that an American tribunal should judge the case (or dismiss it) before a Spanish court even thinks about becoming involved, prosecutors recommended that Judge Garzón should drop his investigation. As CNN reported, Mr. Conde-Pumpido told reporters that Judge Garzón's plans threatened to turn the court "into a toy in the hands of people who are trying to do a political action."
On Saturday, however, Público reported that Judge Garzón had accepted a lawsuit presented by a number of Spanish organizations -- the Asociación Pro Dignidad de los Presos y Presas de España (Organization for the Dignity of Spanish Prisoners), Asociación Libre de Abogados (Free Lawyers Association), the Asociación Pro Derechos Humanos de España (Association for Human Rights in Spain) and Izquierda Unida (a left-wing political party) -- and three former Guantánamo prisoners (the British residents Jamil El-Banna and Omar Deghayes, and Sami El-Laithi, an Egyptian freed in 2005, who was paralyzed during an incident involving guards at Guantánamo).
The newspaper reported that all these groups and individuals would take part in any trial, which is somewhat ironic, as, although Judge Garzón has been involved in high-profile cases that have delighted human rights advocates -- his pursuit of General Pinochet, for example -- he has been severely criticized for his heavy-handed approach to terrorism-related cases in Spain (as in the cases of Mohammed Farsi and Farid Hilali, amongst others), and, in fact, aggressively pursued an extradition request for both Jamil El-Banna and Omar Deghayes on their return from Guantánamo to the UK in December 2007, in connection with spurious and long-refuted claims about activities related to terrorism, which he was only persuaded to drop in March 2008.
It is, at present, uncertain whether another attempt to stifle Judge Garzón will derail him from his pursuit of the Bush administration's lawyers, as he is not known for letting adversaries stand in his way. At the end of June, the Spanish Parliament passed legislation aimed at "ending the practice of letting its magistrates seek war-crime indictments against officials from any foreign country, including the United States," on the basis that no Spanish Court should be able to judge officials of foreign countries except when the victims are Spanish or the crimes were committed in Spain.
However, on Sunday, when Público spoke to Philippe Sands, the British lawyer, and author of Torture Team, which provided much of the first-hand evidence for Garzón's case, Sands explicitly stated that there was "no legal barrier" to prevent Judge Garzón's prosecution from proceeding. He explained that he believed the recent decision by U.S. Attorney General Eric Holder to appoint a special investigator to investigate cases of torture by the CIA is related to the Spanish lawsuit and the importance it has acquired because of its instigation by Judge Garzón. Sands told Público, "The recent decision by Eric Holder emphasizes how appropriate the Spanish investigation is. Many commentators believe that this decision has had a significant and direct impact in the United States, reminding people that there is an obligation to investigate torture."
He added, "Judge Garzón's actions have acted like a catalyst, and are supported by many people in the United States, including some members of Congress. He has reminded everybody that a blind eye cannot be turned to these actions and that there are people who are not going to let that happen." He also explained that Eric Holder's gesture is only a first step, "limited to cases in which interrogators may have exceeded the limits formally approved by lawyers in the Justice Department's Office of Legal Counsel," that the architects of the "legal decisions that purported to justify the use of torture are not in immediate danger in the United States," and that there is, therefore, "no legal barrier to the continuation of the Spanish investigation."
He concluded by stating that it was "important" that Judge Garzón proceeds with the case in Spain, because, although Eric Holder "has confirmed the importance of the Convention Against Torture, he has taken only a first step that "does not really address the actions of those who were truly responsible for its violation."
Note: My thanks to Carlos Sardiña Galache for alerting me to the latest developments in this important story, which was not mentioned in the English-speaking press, and for translating crucial passages.
Andy Worthington is the author of The Guantánamo Files: The Stories of the 774 Detainees in America's Illegal Prison (published by Pluto Press), and maintains a blog here.
Follow Andy Worthington on Twitter: www.twitter.com//GuantanamoAndy
Frank Naif: Yoo's Bad Lawyering, Not Investigations, Threatens CIA
Instead of using his op-ed soapbox to defend his own indefensible legal justifications of an immoral torture program, maybe Yoo should offer to take the investigative heat for the brave CIA men and women.
Frank Naif: Old CIA problems Dog New Interrogation Group
For all of the attention paid to CIA's morale, carving off a chunk of clandestine counterterrorism operations will become part of the hallway lore of a CIA doomed to be put upon by politicians.
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How surprising is this that this received NO coverage in English-language press?
Thank heavens for this judge, but Cheney and Bush need to be prosecuted, no ifs, ands or buts.
Didn*t we bring democracy to Spain?
Bravo and good luck.
Get those bas*ards!
Thank you Spain!
Pretty robes!
It's defnitely time for justice.
Just send them to the Hague.
Someday we will see some justice in this matter and our children and grandchildren will rejoice in the truth of our wisdom in pursuing it.
I've been waiting all my life. The usual suspects from Iran Contra. I want justice now. The American people are starved for justice.
Me too.
I think our big problem is that our government is representing the corporations and not the people. That has a tendency to get in the way of justice.
Our founding fathers saw the danger in giving corporations control over anything, did not give them any control, and limited their existence. The American Revolution was all about rebellion to British corporations.
The change in these policies began in the in last third of the nineteenth century. Shortly before Lincoln"s death, he warned that "Corporations have been enthroned . . . . An era of corruption in high places will follow and the money power will endeavor to prolong its reign by working on the prejudices of the people . . . until wealth is aggregated in a few hands . . . and the republic is destroyed."
A short but very important history of corporations in the United States:
http://www.thirdworldtraveler.com/Corporations/Hx_Corporations_US.html
I think we need to redefine some precepts.
Are there any judges here in the US that feel the same way? if there are that would hold a bit more clout. What good is a foreign judge going to do? My neighbor thinks my grass is too long, But he has zero power to enforce his belief. Who cares what the Spanish government thinks? Right or wrong they are powerless to enforce any claim they come up with.
I was kind of hoping he might press charges against Gadafi who murdered 200,000 people in Chad in the 1970s and killed over 400 by blowing up two airliners. Maybe this Spanish judge would like to press charges against the Iranian regime for murdering hundreds of their own people. Possibly he could press charges against the member of the Iranian parliment who bombed the Argentine Jewish Community Center killing 80 innocents. Actually, I would like to see him press charges against Chavez for supporting the murderous FARC rebels against the people of Columbia. But if he wants to go after torture, he should name Hafez Assad of Syria whose notorious secret police torture hundreds of their own citizens to death each year. Just some thoughts. Oh wait---let's not forget Hamas who committed over 35 extra judicial executions by pushing their political enemies off buildings in Gaza last Winter.
One thug at a time. Don't forget that this judge set the ball rolling on Pinochet.
He is my hero.
"But if he wants to go after torture, he should name Hafez Assad of Syria whose notorious secret police torture hundreds of their own citizens to death each year."
I think it may be a little too late for Mr. Assad, I think he died in about 2000.. I guess
the could go after his son...
And a couple of other countries come to mind..
lb
"Nobody expects the Spanish Inquisition"
Okay I couldn't resist ...but really, I hope they go all the way with this.
Would our Spanish countries to the south honor any verdict of the court? would Paraguay honor the verdict? Would bush be forced to sell his compound in Paraguay?
I doubt the influence of Spain in S America. But if he indicts in Spain, the entire EU must extradite any convict to Spain if they so much as set a foot in any country which is signatory to EU laws. So if he proceeds, they are no longer welcome in any EU country. Except of course in Holland to be tried again in the Hague.
Please, for the love God (can I say that on the huffington post?), when will "progressives" realize we have this great document called the U.S. Constitution. Who gives a rat's @ss what a whacky judge in Spain thinks! Besides we have enough whacky judges here in the U.S. that rarely use the U.S. Constitution in their rulings.
The Judge in Spain is following international laws that we agreed to follow too. How whacky is that? Have you actually read the Constitution of this country?
The Judge in Spain is following international treaties, or shared laws of engagement that we (our country) ratified and agreed to follow too. That is hardly "wacky'.
I agree that the constitution of this country is a great document.
So you don't care that Bush started a 600 Billion dollar war with hundreds of thousands of innocent people killed and millions of innocent people displaced?
This great document of yours lets you think Bush can get away with the war based on a lie?
Yikes, it's Americans like you who do damage to the US reputation.
Please, you are signatory to a UN law that forbids torture. Since you violated that law, any country that is also signatory may try and indict. You are the one who is wacky - like Gonzales and co.
Seems to me this Spanish judge is closer to the spirit of the US Constitution than the US Gov't. At least he's prosecuting the War Ciminals where the US is not and he's abiding by International Law where the US is not. If found guilty, the US is bound by Internaltional Laws and Treaties to turn over the defendants or imprison them in the US. Funny thing about War Crimes. No matter where you are, you will be sought out and prosecuted... internationally.
Paul J. Balles reviewing Michael Haas’ book, George W. Bush, War Criminal,
“…Haas provides clear descriptions of each of 269 war crimes committed by George W. Bush, including sources for the supporting evidence for each along with complete bibliographical references. The book is incredibly well researched.
…Haas makes it clear that civilization itself is on trial when major war criminals go about their business with impunity. That was the sentiment expressed by Justice Robert Jackson at Nuremberg.
…Haas wisely points out that "the potential for allowing a superpower to perpetrate war crimes with impunity would not only bury the concept of war crimes and trivialize Nuremberg, but might usher in a new era of international barbarism wherein a lone superpower could operate unchecked as a world tyrant".
http://www.redress.cc/americas/pjballes20090908
A nice new link. Thanks. You sound like RichMisty.
This is one book I will definitely want to read.
Redress is needed, redress must happen, and Bush and Cheney must answer for their crimes...
I'm salivating like a starved 300lb man near a 12oz T-bone, over the prospect of some actual justice being done about the torture that went on under Bush. I hope something actually gets done with this case. I wish I believed intercessory prayer worked, because I'd be doing that to. Prison! Prison! Prison!
Co-sign.
I could not agree more with the Judge, and I believe it is deplorable that our DOJ, and the current Administration, are not vigorously pursuing those who broke International and Federal law. I wish I could cuss about it, openly, on this thread....,
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