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Background Brief on the case against Rumsfeld, Gonzales and others. Filed in Germany on Nov 14, 2006

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NNN0LHI Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 07:53 AM
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Background Brief on the case against Rumsfeld, Gonzales and others. Filed in Germany on Nov 14, 2006
http://oraclesyndicate.twoday.net/stories/2931264/

Executive Summary of the Complaint’s Allegations:

Center for constitutional rights From Donald Rumsfeld on down, the political and military leaders in charge of ordering, allowing and implementing abusive interrogation techniques in the context of the “War on Terror” since September 11, 2001, must be investigated and held accountable. The complaint alleges that American military and civilian high-ranking officials named as defendants in the case have committed war crimes against detainees in Iraq, Afghanistan and in the U.S.-controlled Guantánamo Bay prison camp.

The complaint alleges that the defendants “ordered” war crimes, “aided or abetted” war crimes, or “failed, as civilian superiors or military commanders, to prevent their commission by subordinates, or to punish their subordinates,” actions that are explicitly criminalized by German law. The U.S. administration has treated hundreds if not thousands of detainees in a coercive manner, in accordance with “harsh interrogation techniques” ordered by Secretary Rumsfeld himself that legally constitute torture and/or cruel, inhuman and degrading treatment, in blatant violation of the provisions of the 1949 Geneva Conventions, the 1984 Convention Against Torture and the 1977 International Covenant on Civil and Political Rights – to all of which the United States is a party. Under international humanitarian treaty and customary law, and as re-stated in German law, these acts of torture and cruel, inhuman or degrading treatment constitute war crimes.

The U.S. torture program that resulted in war crimes was aided and abetted by the government lawyers also named in this case: former Chief White House Counsel (and current Attorney General) Alberto R. Gonzales, former Assistant Attorney General Jay Bybee, former Deputy Assistant Attorney General John Yoo, and General Counsel of the Department of Defense William James Haynes, II. While some of them claim to merely have given legal opinions, those opinions were false or clearly erroneous and given in a context where it was known and foreseeable to these lawyers that torture would be the result. Not only was torture foreseeable, but this legal advice was given to facilitate and aid and abet torture as well as to attempt to immunize those who tortured. Without these opinions, the torture program could not have occurred. The infamous “Torture Memo” dated August 1, 2002, is the key document that redefined torture so narrowly that such classic and age old torture techniques as water-boarding were authorized to be employed and were employed by U.S. officials against detainees.

Why Germany?

The complaint is being filed under the Code of Crimes against International Law (CCIL), enacted by Germany in compliance with the Rome Statute creating the International Criminal Court in 2002, which Germany ratified. The CCIL provides for “universal jurisdiction” for war crimes, crimes of genocide and crimes against humanity. It enables the German Federal Prosecutor to investigate and prosecute crimes constituting a violation of the CCIL, irrespective of the location of the defendant or plaintiff, the place where the crime was carried out, or the nationality of the persons involved. snip

The Defendants in the Case:
The U.S. high-ranking officials charged include:
- Former Secretary of Defense Donald Rumsfeld
- Former CIA Director George Tenet
- Undersecretary of Defense for Intelligence Dr. Stephen Cambone
- Lieutenant General Ricardo Sanchez
- Major General Walter Wojdakowski
- Major General Geoffrey Miller
- Colonel Thomas Pappas
- Former Chief White House Counsel Alberto R. Gonzales
- Former Assistant Attorney General Jay Bybee
- Former Deputy Assistant Attorney General John Yoo
- General Counsel of the Department of Defense William James Haynes, II
- Vice President Chief Counsel David S. Addington
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leveymg Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 08:11 AM
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1. Is there a presumption of immunity for the President and VP?
Does anyone understand why this complaint omits the very top plateu of the chain- of-command? I can only guess that there's the issue of immunity and/or there's a compelling tactical reason.

Any thoughts on that?
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LA lady Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 08:17 AM
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2. Will Merkel let it stand?
Didn't she toss out something similar?
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Greeby Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 08:37 AM
Response to Reply #2
4. Have a hard job, she wasn't in office back then nt
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notadmblnd Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 08:22 AM
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3. Hence the reason ole Rummy won't be accompanying the Pretzledent
on his little trip later this week.
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Drum Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 09:10 AM
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5. Wow, perhaps accountability isn't as quaint a notion
Edited on Tue Nov-14-06 09:12 AM by Drum
as the Geneva Convention, as seen by the Bushites.

I hope this gains some legal traction, or at least gets flown more in the press everywhere. Happy to give the 5th recommendation.

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mom cat Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 09:31 AM
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6. Intresting how Rummy left just before the German case was officially filed.
Another coinkeedink.
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phiddle Donating Member (749 posts) Send PM | Profile | Ignore Tue Nov-14-06 12:04 PM
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7. (Not a lawyer) Is is even possible that the plaintiffs or
German government ask the incoming Congress for information and/or investigation?
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pberq Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 12:52 PM
Response to Original message
8. Democracy Now - interviews Michael Ratner and Janis Karpinski
http://www.democracynow.org/article.pl?sid=06/11/14/1517243

. . .AMY GOODMAN: We go first to Michael Ratner, the president of the Center for Constitutional Rights, joining us now from Berlin. Democracy Now! welcomes you, Michael. Can you explain the lawsuit and the major news conference that you held today? The world, for the first time, really, picking up this story.

MICHAEL RATNER: I think that's right, Amy. This is the first time they're really picking it up. The press conference was well attended. This is news all over the world. I mean, one of the things we noticed wbout this lawsuit was the number of groups willing to join. The Center for Constitutional Rights, we have a major group of human rights organizations under the title FIDH, the International Federation of Human Rights, which has 140 branches. We have Theo Van Boven, the former rapporteur for the United Nations on torture has joined the suit, Nobel Prize winners and others. It's really -- it’s taken off. I think people are tired, really tired and angry over what the United States has perpetrated in the name of fighting the so-called war on terror.

What we did today was file a 220-page complaint -- we've been working on this for quite a while -- against 14 high-level US officials, Rumsfeld being the lead one, but, of course, General Sanchez being in there, Tenet, the former head of the CIA, and a number of the lawyers who wrote some of the so-called torture memos, particularly lawyers Yoo and Bybee. The procedure here you is file that complaint with the prosecutor, and the prosecutor then decides whether or not to begin an investigation. . . .
<More>


http://www.democracynow.org/article.pl?sid=06/11/14/1517249

. . .AMY GOODMAN: Can you tell us how it happened? When you were in Iraq, when you were in charge at Abu Ghraib, tell us how you learned about the torture that was taking place, and your jurisdiction, your authority over the area in the prison where these prisoners were tortured.

JANIS KARPINSKI: Well, I think it's a critical point and certainly important in the discussion because I was responsible for 17 prison facilities in Iraq, and they were spread all over Iraq. And they were in various stages of disrepair. And our purpose was to assist the prisons' experts under the Coalition Provisional Authority with the rebuilding of these and re-opening of these prisons. We never wanted to use and we never planned to use Abu Ghraib for any long-term detention operation because it was, number one, in one of the most dangerous locations in all of Iraq, in the middle of the Sunni Triangle, and it had a notorious history of abuse and torture under Saddam Hussein. So we were moving in the direction of transferring all of the Iraqi criminals being held at Abu Ghraib to other facilities as they became open and operational. And our Iraqi criminal population was very limited at Abu Ghraib. Again, we were moving towards closing it completely. And then they -- the coalition provisional -- excuse me, the CJTF-7, the coalition forces, undertook these raids and roundups, as they would come to be called, in the different sectors. So that the combat divisions would put together plans to go out and apprehend targeted individuals. But, with very little description of the individuals they were attempting to capture and apprehend, very often these operations would take place in a location where there would be 20, 30, 50, 100 people meeting for some reason. And when the operation -- Operational Force arrived there, they would see that there were not two or three individuals, but 50 or more so they would arrest everybody. And they started to turn these new security detainees over to Abu Ghraib, contrary to what our plans were of closing it completely. Now we have an enormous growing population. But in November of 2003, the prison responsibility for Abu Ghraib was transferred from the Military Police Control, my control, to the Military Intelligence Control. Making it an interrogation center for all of Iraq, as general miller planned and directed during his visit in September of 2003. So, I had 16 other prison facilities to be concerned with and to focus on. In fact, in January of 2004, when I first heard about this ongoing investigation at Abu Ghraib, I couldn't find out from anybody, any information or any details of what this investigation really encompassed. And it wasn't until the 23rd of January when I saw the pictures for the first time. And I asked -- when I saw the pictures, I asked the Commander of the Criminal Investigation Division where is the military intelligence in all of this? And seeing one of the contract people in some of the photographs I said why are the translators in any of these photographs? And I was told, ma'am, those aren't translators, those are contract interrogators. So, it was first time not only seeing the pictures, but the first time I was receiving details of contract interrogators actually working out at Abu Ghraib. When I tried to go to see some of the soldiers, to get access to some of the soldiers seen in some of those photographs, I was told, by the J.A.G. Officer, representing General Sanchez, those soldiers did not work for me so I had no right to go and speak to any of them. In fact, they work for the Military Intelligence Commander. That is a different story, in April of 2004 when the photographs were released for the world. But,-- there were specific steps taken to keep me from speaking to the individuals, from having information, and from having any insight in terms of what was going on in interrogation operations.

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