Bush to face torture case whenever abroad: activists

By Stephanie Nebehay

GENEVA | Mon Feb 7, 2011 2:47pm EST

GENEVA (Reuters) - Activists vowed on Monday that former U.S. President George 
W. Bush will face a torture case against him wherever he travels outside the 
United States.

Human rights groups had planned to lodge a Swiss criminal case against Bush on 
Monday, before his address to a Jewish charity in Geneva on February 12. 
Organisers canceled his speech last weekend, invoking security concerns.

But the New York-based Center for Constitutional Rights and the European Center 
for Constitutional and Human Rights issued what they called a preliminary 
"indictment" to prosecute Bush abroad for the alleged torture of terrorism 
suspects in U.S. custody.

"This document is not intended to serve as a comprehensive presentation of all 
evidence against Bush for torture; rather, it presents the fundamental aspects 
of the case against him, and a preliminary legal analysis of liability for 
torture, and a response to certain anticipated defenses," it read.

The 42-page "indictment" alleges torture through a CIA interrogation program 
for detainees, approved by Bush, using enhanced methods including 
waterboarding, sleep deprivation, forced stress positions and confining 
detainees in a dark box.

"Our analysis can be modified for a particular plaintiff and country very 
quickly. So if he decides to leave the United States in the future, as soon as 
we hear about it we will have a complaint filed," Katherine Gallagher, senior 
staff attorney at the Center for Constitutional Rights, told Reuters.

PUTTING BUSH ON NOTICE

"This is our way of putting him on notice," she said, adding that there were 
rumors that Bush would go to Canada in October.

The Swiss trip was to have been Bush's first abroad since his memoirs, 
"Decision Points," were published last November, in which he admitted to 
ordering waterboarding. He strongly defended the technique, which simulates 
drowning, as key to preventing a repeat of the September 11 attacks on America.

"Unfortunately, we have yet to see any investigation into his admission in the 
United States, let alone prosecution. When you have such a blatant, unequivocal 
admission of the authorization of torture, you just can't get away with it," 
Gallagher said.

Most human rights experts consider waterboarding a form of torture banned by 
the Convention on Torture, an international pact prohibiting torture and other 
cruel, inhumane or degrading treatment or punishment. Switzerland and the 
United States are among 147 countries to have ratified the 1987 treaty.

The human rights groups said Bush would not be entitled to immunity from 
prosecution as a former head of state. But Swiss officials said last week he 
would enjoy "a certain diplomatic immunity" in Switzerland.

Swiss law requires an alleged torturer to be on Swiss soil before a preliminary 
investigation can be opened, so the groups decided not to lodge their complaint 
in Geneva. They said it would have been on behalf of two torture victims at 
Guantanamo Bay.

They identified them as Sami El Hadjj, a former Al Jazeera journalist and 
former detainee at Guantanamo, and a Pakistani man still held at the U.S. naval 
base on Cuba after being transferred from a secret detention center.

"Bush is a torturer and deserves to be remembered as such," Gavin Sullivan, 
counter-terrorism expert at the Berlin-based European Center for Constitutional 
and Human Rights, said in a statement.



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