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Vincent Warren

Vincent Warren

Posted: February 7, 2011 02:59 PM

Apparently, former president, George W. Bush does "cut and run." On February 7, 2011, two torture victims were to have filed criminal complaints for torture against former president George W. Bush in Geneva. Bush was due to speak there at a charity gala on February 12th. On the eve of the case filing, Bush abruptly canceled his trip, choosing instead to attend the Super Bowl in Dallas. Why would he rather be in Dallas than in Geneva? For one thing, Swiss authorities are under a legal obligation to start a preliminary criminal investigation if a torturer is on Swiss soil. But, thanks to Attorney General Eric Holder's refusal to apply U.S. law to investigate torture, Bush isn't even breaking a sweat in Dallas -- or anywhere in the U.S. for that matter.

The Center for Constitutional Rights (CCR), along with the Berlin-based European Center for Constitutional and Human Rights prepared the detailed case in Switzerland, with support from the International Federation for Human Rights (FIDH). Swiss law requires the presence of an alleged torturer on Swiss soil before a preliminary investigation can be open. Because Bush canceled, the complaints could not be filed as the basis for legal jurisdiction no longer existed. However, the fact that Bush authorized torture remains -- especially on this, the ninth anniversary of his decision that the Geneva Conventions did not apply to the conflict with al Qaeda or to so-called "unlawful combatants".

In the long run, ducking a charge of torture is not as easy as ducking a shoe thrown at a press conference. Accordingly, CCR publicly released the Preliminary Bush Torture Indictment. The Indictment provides a strong factual and legal basis to hold Bush accountable -- in any of the 147 countries which have ratified the Convention Against Torture (CAT) -- for having authorized torture. In addition, the Indictment compiles more than 2,500 pages of publicly available supporting material, and has the support of two Nobel Peace Prize winners, more than 60 NGOs, and two former UN Special Rapporteurs on Torture and on the Independence of Judges and Lawyers.

In light of clear international law, broad international support, and the evidence laid out in the indictment, it's no wonder that Bush canceled his trip to Switzerland in order to evade the possibility for prosecution for torture. And, of course, that's a big part of the point of this aspect of international law: the perpetrators of torture crimes shouldn't be afforded safe haven. But another important question for us to consider as the rest of the world gets much smaller for George W. Bush is, why is Eric Holder comfortable with allowing him safe haven here in the United States?

Vince Warren is the Executive Director of the Center for Constitutional Rights.

 

Follow Vincent Warren on Twitter: www.twitter.com/@VinceWarren

 
 
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11:57 AM on 02/27/2011
Question: Just wondering if George W.Bush should happen to be visiting another country and is arrested/detained, could/would the United States be obligated to try to release-"jail break him" because of the servicemen protection act. IMHO, its all just all so academic, the crime of authorizing water-boarding is just a drop in the bucket- excuse the pun, if Human rights groups have a 2,500-page case of crimes, then Bush should given a Rebuttal to the case evidence and stayed in Switzerland, faced the accusations head on. Avoiding 147 different countries seems like a lot of countries to run from, just does not seem like a dignified action for a former President of the United States to take. Lets hope that it works out better for him, then for some of our service men and women.

http://www.davidevans.googlepages.com
06:02 PM on 02/08/2011
I don't why they're only mentioning torture, Bush should be wanted for murder. If you go to the ACLU's web-site, there are autopsy reports put out by the Department of Defense, that say Homicide right on them. And the reports describe exactly how these people were beaten to death with the cuffs on. We're talking about using a hammer on a mans crotch. There was also a hearing on this in Washington, with Jerrold Nadler. And based on that investigation into the people Bush was holding as terrorists, most of them were innocent farmers / family men, scooped up by Arab Merc's Bush was paying to find terrorists. There was an article about it awhile back, it said Bush knew all of these people were innocent, and held them for years anyway. These people never even had a trial. They couldn't tri them because they had nothing against them. And I won't even get into the fact that 9,11 was just proven to be a lie. NIST and FEMA were proven liars, too.
iflew
Pro Publiae Bonae
02:48 PM on 02/08/2011
What most war criminals say is, "Someone else told me to do it." In George's case it could be John Bolton, Condolesa, or one of the enemies who wanted to be a martyr.

Torture in WWII got a lot of, "My commanding officer is Donald Duck, Mickey Mouse", and a lot of other answers from people who didn't know any more than the minimum to do their jobs. Not everyone has the answers the "interviewers" want.
09:04 AM on 02/08/2011
This has gone beyone insanity. Islamic terrorists have been torturing and slaughtering innocent people daily for years, and this is what you want to spend your time and energy on? This is a great threat that must be stopped? I have long ago lost my respect for the Swiss government for their policy of neutrality. How do they sleep at night, knowing that people are out there risking their lives to make the world a better place. One of my favorite quotes: All that is necessary for the triumph of evil is that good men do nothing (Edmund Burke, if I remember.) So why can't people put their personal hatred of President Bush aside and focus on the real issues facing our country today?
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Nick Mages
09:28 AM on 02/08/2011
They're obligated by law to investigate when a known torturer enters their country. Personal hatred doesn't enter into it so what are you talking about?

'and this is what you want to spend your time and energy on' - What should their justice dept be spending their time on if not prosecuting crimes, in this case a pretty big one?
10:03 AM on 02/08/2011
So the Swiss investigate allegations of torture after the fact, but what do they do to prevent it from happening in the first place? President George W. Bush is not a "known torturer;" The people who hate him have jumped on this allegation as a means to punish him or get some sort of satisfaction from seeing him humiliated. So what should their justice department spend their time on? How about all the crimes that the islamic terrorists I mentioned above have commited against humanity? How about the rampant human rights violations around the world? Do they really think President Bush is the greatest threat out there?
06:11 PM on 02/08/2011
Oh, I get it, so you want to torture innocent people to death to stop the terrorists. And what does that make us, the good guy's? You really need to look into this deeper.
02:05 PM on 02/08/2011
You quoted: All that is necessary for the triumph of evil is that good men do nothing (Edmund Burke, if I remember.) By that same sentiment, letting Bush get away with authorizing torture is just as bad. Our country has lost its ability to lead by example by performing the same atrocities that we are supposedly fighting against. Two wrongs do not make a right!
12:11 AM on 02/08/2011
Bush clearly was asked not to come. The last thing either the Swiss Government or the Obama Administration want or need is this kind of political crisis.
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06:21 AM on 02/08/2011
How can you say clearly? Who are you? Give me a break.
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TexasDem0
USMC Vietnam vet,Veteran for Peace
08:34 PM on 02/07/2011
From the article: "But another important question for us to consider as the rest of the world gets much smaller for George W. Bush is, why is Eric Holder comfortable with allowing him safe haven here in the United States?"

The logical answer would be that he's following the instructions of his boss.
06:53 AM on 02/08/2011
Eric Holder is no more than a figurehead.
07:33 PM on 02/07/2011
I am not sure of all the facts as to why the trip was cancelled (as i am sure nobody in the media does) but i am from the dallas area and know that people/local news have been saying that Bush would be attending the super bowl for MONTHS. The super bowl has nothing to do with a trip to Switzerland.....why include in this article? bush is still popular in texas and nobody wants to believe it.
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Nancy Lynne Kriescher
Dem. now, Former deeply involved Republican.
04:11 AM on 02/08/2011
I wish George Bush, whom i voted, campaigned for, although no longer a Repub., as of 2/08.. would have considered donating his pricey seats,to a family, who lost their, husband, father, son, brother in Iraq.
06:12 PM on 02/07/2011
Lucky for him the Swiss Government didn't just keep it quiet until he landed there.

One has to wonder who warned him and why they chose to side with the alleged perpetrator rather than the victims who were seeking to have their case heard in a fair and open court. Once again we see evidence of Government's failure to follow the rule of law.

I've regularly found that the characteristics of an organisation reflect those of the CEO / MD. The rot always starts at the top - if you do not address that you can never fix the problem. Witness Tunisia, Egypt, North Korea, the rot starts at the top, and the correction is happening from the top-down.

As Glenn Greenwald says in his Feb 7, 2011 article in Salon called "The Egyptian Mirror", it's interesting what one accepts about those others over there but not about these here at home.
08:02 PM on 02/07/2011
There is no indication from anything remotely resembling an official source that anything was going to happen. This is a publicity stunt by the groups that prepared the document. You can "start an investigation," if the local law even requires that, without making an arrest. At best, someone would have opened a file and let it sit.
12:09 AM on 02/08/2011
"Lucky for him the Swiss Government didn't just keep it quiet until he landed there."

Your kidding, aren't you? You have to wonder why he was (plainly) asked not to come? Do you really think that the Swiss government, or any other European government for that matter, wants a hot potato like that on its hands?
01:49 AM on 02/08/2011
Thanks for supporting my argument Cato;

1/ while standard procedure would be to wait for a war criminal to arrive and then nail him, the Swiss Government failed to do so, likely asking him not to come - providing clear evidence of the Swiss Government­'s failure to follow standard procedure in applying the law. One might almost say the act was complicit in aiding and abetting a war criminal.
2/ the rot is at the top - in both the U.S. (Bush) and Switzerland (Who-T-F)
3/ we see these failings in 'those-over-there' Asian/African/Central American countries as representing Gov't corruption but do not see it in 'these-here-at-home' US/Europe/Aus/Canada where it is a simple hot-potato issue, not aiding and abetting a war criminal

Your support is much appreciated, thanks!
06:03 PM on 02/07/2011
"What we have here is a total lack of respect for the law"
At least that fictional sherrif was chasing a speeder... no one here even bothers to prosecute real crimes. Instead we try to set up impediments to voting (voter ID acts), blame our problems on illegal immigrants, and drug cartels.

Yup... I'd say our Congress shows a complete lack of respect for the American Citizen.
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gurukalehuru
cwtc7
05:17 PM on 02/07/2011
Amen. Prosecutions are long overdue.
05:15 PM on 02/07/2011
So it's not okay to torture someone who has or is about torture our citizens? I think all these accusations against Bush are beyond ridiculous. The left is trying desparately to find a way to get Bush somehow. Why would someone not approve of waterboarding the alleged mastermind behind 9/11?
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parlimentMike
Terrorists keep you in fear
06:16 AM on 02/08/2011
What if they just torture folks until they find out they're innocent and stop then? What if they're not sure enough about a guys guilt, torture him, and never bring him to trial? What does a bombed village get to do to downed American pilots in your world?
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06:49 AM on 02/08/2011
Well in the old days...enlisted people were killed when captured since it was thought that their families had no political power. And officers, including pilots, were kept alive because it was thought that their families had more power to pressure the government to stop the war. Pilots were despised because they voluntarily bombed villages. Officers, unlike enlisted, could resign.
01:26 PM on 02/08/2011
Hmm, the "let's become as bad as the bad guys" argument! That's one of my favorites. Immoral superiority, FTW!

What about the fact that they also tortured innocent people? What about the fact that the techniques they "borrowed" from the Vietcong were specifically designed to elicit false confessions?