Ikhwanweb :: The Muslim Brotherhood Official English Website

Tue109 2018

Last update19:14 PM GMT

Back to Homepage
Font Size : 12 point 14 point 16 point 18 point
:: Issues > Torture
US Must Prosecute Bush Torture Memo Lawyers: UN Torture Envoy
US Must Prosecute Bush Torture Memo Lawyers: UN Torture Envoy
The U.S. is obligated by a United Nations convention to prosecute Bush administration lawyers who allegedly drafted policies that approved the use of harsh interrogation tactics against terrorism suspects, the U.N.’s top anti-torture envoy said Friday
Saturday, April 25,2009 23:40
by Veronika Oleksyn The Huffington Post

The U.S. is obligated by a United Nations convention to prosecute Bush administration lawyers who allegedly drafted policies that approved the use of harsh interrogation tactics against terrorism suspects, the U.N."s top anti-torture envoy said Friday.

Earlier this week, President Barack Obama left the door open to prosecuting Bush administration officials who devised the legal authority for gruesome terror-suspect interrogations. He had previously absolved CIA officers from prosecution.

Manfred Nowak, who serves as a U.N. special rapporteur in Geneva, said Washington is obligated under the U.N. Convention against Torture to prosecute U.S. Justice Department officials who wrote memos that defined torture in the narrowest way in order to justify and legitimize it, and who assured CIA officials that their use of questionable tactics was legal.

"That"s exactly what I call complicity or participation" to torture as defined by the convention, Nowak said at a news conference. "At that time, every reasonable person would know that waterboarding, for instance, is torture."

Nowak, an Austrian law professor, said it was up to U.S. courts and prosecutors to prove that the memos were written with the intention to incite torture.

Nowak and other experts said that a failure to investigate and prosecute when there was evidence of torture left those responsible vulnerable to prosecutorial action abroad.

"If it should turn out ... that the (U.S.) government and its authorities are not willing to prosecute those where we have enough evidence that they instigated or committed torture, then there is also an obligation on all other 145 states" party to the convention to exercise universal jurisdiction, Nowak said.

That means countries would have an obligation to arrest the individuals in question if they were on their soil and extradite them to the U.S. if Washington gave clear assurances they would bring them to justice. In the absence of such assurances, it would fall upon the respective country to take the individuals to court.

Nowak said this happened very rarely because the international community primarily relied on the governments of countries where torture occurs to take the necessary legal action to ensure that justice is served.

Nowak also said any probe of questionable CIA interrogation tactics must be independent and have thorough investigative powers.

"It can be a congressional investigation commission, a special investigator, but it must be independent and with thorough investigative powers," Nowak said.

On Thursday, Obama"s press secretary suggested Obama does not care for an independent panel.

Last week, the Obama administration released secret CIA memos detailing interrogation tactics sanctioned under Bush.

The memos authorized keeping detainees naked, in painful standing positions and in cold cells for long periods of time. Other techniques included depriving them of solid food and slapping them. Sleep deprivation, prolonged shackling and threats to a detainee"s family also were used.

Nowak said Saturday that Obama"s decision not to prosecute CIA operatives who used questionable interrogation practices violates the same U.N. convention. But at that point he did not specifically address the issue of how the convention would apply to those who drafted the interrogation policy and gave the CIA the legal go-ahead.

The Source


Posted in Torture , Human Rights  
Add Comment Send to Friend Print
Related Articles
Investigating Bush’s Crimes
Mohamed Khodr - Bush’s Farewell to Israel: The Genocide of Gaza with American Arms
Brace yourselves - George Bush Will Soon Be Free To Do Just What He Wants
The Bush Legacy Ctd.
2008: Wesley Clark on Democratization After Bush
What Bush Hath Wrought in the Middle East
Bin Laden’s aims with 9/11 and Bush’s in Iraq:
McCain Suggests Bush Has Endorsed Torture
Joel Brinkley: Bush gave Egyptians false hope
Egypt takes a step back from Bush embrace
Bush Administration Middle East Policy: What Went Wrong?
Bush’s speech to Dafus Economic Forum is “Provocative”, says MB MP
Ruqub: Bush’s threats hollow and do not frighten Hamas
Bush says Saudi oil boost doesn’t solve US problem
Bush chides ’poisonous’ Mideast TV stations
Prepared Text of Bush’s Speech To the World Economic Forum
Bush lectures Arab world on political reform, women’s rights
Bush pivots to Arab side of Mideast peace dispute
Statement: The Muslim Brotherhood Condemns Bush’s Visit
Bush Presses Congress on Economy
Top Bush aides pushed for Guant?namo torture
What’s Left of Bush’s Democracy Agenda?
Bush scolds Congress about Iraq
Bush Blisters the Truth on Iraq
Anti-War Demonstrations in US Cities to Protest Bush’s ’Major Victory’
Mr. Bush You Are A Fascist
Bush’s Freedom Agenda: Alive but Not Kicking
News and Opinion on U.S. Foreign Policy After Bush
Bush Admits He Plans to Attack Iran ?
George Bush Delivers the Horse’s Head
Bush’s New War Budget
British MP: Bush supports Israeli murder of Palestinians
EGYPT: Bush Visit Brings Rift with Washington
What Bush left behind
Bush: Last stop on Middle East freedom tour
Bush’s Double-Talk Fits Mubarak’s Egypt
Egyptian Public Opinion Denounces Bush’s Egypt Stop
Leadership, Bush and the New York Times
Mishaal: Bush is fully responsible for the Israeli massacre in Gaza
Democracy Activists Disappointed in Bush