The fight against impunity starts at home: US and torture

December 17, 2014

The issue of impunity is pertinent to the protection of human rights defenders. For that reason I refer to an interesting development that follows the disclosures on torture and abduction by the CIA in the courageous Senate report. If only more countries were willing to investigate so publicly their own records (China, Russia?).

The Federal Prosecutor must investigate former CIA boss Tenet, former Secretary of Defense Rumsfeld and others – and should not wait until they are on German soil. On 17 December 2014 the European Center for Constitutional and Human Rights (ECCHR) in Berlin has lodged criminal complaints against former CIA head George Tenet, former Defense Secretary Donald Rumsfeld and other members of the administration of former US President George W. Bush. The ECCHR is accusing Tenet, Rumsfeld and a series of other persons of the war crime of torture under paragraph 8 section 1(3) of the German Code of Crimes against International Law (Völkerstrafgesetzbuch). “The architects of the torture system – politicians, officials, secret service agents, lawyers and senior army officials – should be brought before the courts,” says ECCHR General Secretary Wolfgang Kaleck, who is appeared that day in front of the German Parliamentary Committee on legal affairs. “By investigating members of the Bush administration, Germany can help to ensure that those responsible for abduction, abuse and illegal detention do not go unpunished.

ECCHR calls on Federal Prosecutor Harald Range to open investigations into the actions of Tenet, Rumsfeld and other perpetrators and to set up a monitoring process as soon as possible. This would allow the German authorities to act immediately in the event that one of the suspects enters European soil and not have to wait until such point before beginning the complex investigations and legal deliberations.

[Together with the US Center for Constitutional Rights (CCR), Kaleck previously submitted criminal complaints against Tenet and Rumsfeld in Germany in 2004 and 2006 and against Bush in Switzerland in 2011. ECCHR is also involved in legal proceedings in Spain and France concerning Guantánamo. The current criminal complaint by ECCHR is supported by former UN Special Rapporteur on Torture Manfred Nowak, the CCR in New York along with its President Emeritus Michael Ratner and its Vice President Peter Weiss, winner of the Martin Ennals Awards 2014 Alejandra Ancheita, Professor for International and Public Law at the Vrije Universiteit Brussels Annemie Schaus, Professor for Criminal Law at the University of Hamburg Florian Jeßberger and Berlin attorney Dieter Hummel.]

For more information see http://www.ecchr.de/us_accountability.html

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