*FOR IMMEDIATE RELEASE*
February 7, 2011
11:02 AM
*CONTACT: Center for Constitutional Rights (CCR) <http://www.ccrjustice.org/>*
[email protected]
CCR Announces Bush Indictment for Convention Against Torture Signatory States
No Immunity for Former Presidents Under Law
GENEVA and NEW YORK - February 7 - Today, two torture victims were to have filed
criminal complaints, with more than 2,500-pages of supporting material, in
Geneva against former U.S. President George W. Bush, who was due to speak at an
event there on 12 February. Swiss law requires the presence of the torturer on
Swiss soil before a preliminary investigation can be opened. When Bush cancelled
his trip to avoid prosecution, the human rights groups who prepared the
complaints made it public and announced that the Bush Torture Indictment would
be waiting wherever he travels next. The Indictment serves as the basis on which
to prepare country-specific, plaintiff-specific indictments, with additional
evidence and updated information. According to international law experts at the
New York-based Center for Constitutional Rights (CCR) and the Berlin-based
European Center for Constitutional and Human Rights (ECCHR), former presidents
do not enjoy special immunity under the Convention Against Torture (CAT).
"Waterboarding is torture, and Bush has admitted, without any sign of remorse,
that he approved its use," said *Katherine Gallagher, Senior Staff Attorney at
CCR and Vice President of the International Federation for Human Rights (FIDH)*.
"The reach of the Convention Against Torture is wide - this case is prepared and
will be waiting for him wherever he travels next. Torturers - even if they are
former presidents of the United States - must be held to account and prosecuted.
Impunity for Bush must end."
While the U.S. has thus far failed to comply with its obligations under the
Convention Against Torture to prosecute and punish those who commit torture, all
other signatories, too, are obligated to prosecute or extradite for prosecution
anyone present in their territory they have a reasonable basis for believing has
committed torture. If the evidence warrants, as the Bush Torture Indictment
contends it does, and the U.S. fails to request the extradition of Bush and
others to face charges of torture there, CAT signatories must, under law,
prosecute them for torture.
In a statement this weekend, the groups who organized the complaints said,
"Whatever Bush or his hosts say, we have no doubt he cancelled his trip to avoid
our case. The message from civil society is clear - If you're a torturer, be
careful in your travel plans."
The complaints that had been scheduled to be filed on Monday asked that the
General Prosecutor of the Canton of Geneva investigate allegations that men were
tortured as part of the Bush administration's well-documented torture program.
Bush proudly recounted in his recently published memoir that when asked in 2002
to if it was permissible to waterboard a detainee - a recognized act of torture
- he replied "damn right."
Monday, February 7, is the ninth anniversary of the day Bush decided the Geneva
Conventions did not apply to ‘enemy combatants.'
According to the Bush Indictment, which was written on behalf of torture victims
by CCR and ECCHR, 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 the violations committed
by his subordinates which he failed to prevent or punish.
"Bush is a torturer and deserves to be remembered as such," said *Gavin
Sullivan, Solicitor and Counterterrorism Program Manager, ECCHR*. "He bears
ultimate responsibility for authorizing the torture of thousands of individuals
at places like Guantánamo and secret CIA ‘black sites' around the world. As all
states are obliged to prosecute such torturers, Bush has good reason to be very
worried."
CCR, ECCHR and FIDH were joined by more than 60 human rights organizations and
prominent individuals who signed on to support the call for George W. Bush's
prosecution, including former UN Special Rapporteur on Torture, Theo van Boven,
former UN Special Rapporteur on Independence of Judges and Lawyers, Leandro
Despouy, and Nobel Peace Prize recipients Shirin Ebadi and Pérez Esquivel. A
number of the human rights organizations which signed on are facing the on-going
harms of the "counterterrorism" policies advanced under the Bush administration
and then adopted or employed in their own countries.. The complaint included
2500 pages of supporting materials.
Manfred Nowak, former UN Special Rapporteur on Torture (2004-2010), was to
submit an expert opinion on the complaints concluding that the conduct to which
both plaintiffs were subjected constitutes torture, that Switzerland had an
obligation to open a preliminary investigation, and that George W. Bush enjoys
no immunity.
The Bush Torture Indictment, the official "letter of denunciation" summarizing
the case and other materials are available here:
http://ccrjustice.org/ourcases/current-cases/bush-torture-indictment.
The Center for Constitutional Rights, in addition to filing the first cases
representing men detained at Guantánamo, has filed universal jurisdiction cases
seeking accountability for torture by Bush administration officials in Germany,
France and submitted expert opinions and other documentation to ongoing cases in
Spain in collaboration with ECCHR. The Center for Constitutional Rights is
dedicated to advancing and protecting the rights guaranteed by the United States
Constitution and the Universal Declaration of Human Rights. Founded in 1966 by
attorneys who represented civil rights movements in the South, CCR is a
non-profit legal and educational organization committed to the creative use of
law as a positive force for social change. Visit _www.ccrjustice.org
<http://www.ccrjustice.org/>_. Follow @theCCR.
The European Center for Constitutional and Human Rights (ECCHR) is an
independent, non-profit legal organization that enforces human rights by holding
state and non-state actors to account for egregious abuses through innovative
strategic litigation. For more information visit
www.ecchr.eu
<http://www.ecchr.eu/>