FacebookTwitterGoogle+RedditEmail

What’s the Point of Having Laws Against Torture if They Don’t Apply to the Powerful?

by KATHERINE GALLAGHER

One thing brings these four men together. Hassan bin Attash, Sami el-Hajj, Muhammed Khan Tumani and Murat Kurnaz—they are all survivors of the systematic torture program the Bush administration authorized and carried out in locations including Afghanistan, Iraq, Guantánamo, and numerous prisons and CIA “black sites” around the world. Between them, they have been beaten, hung from walls or ceilings, deprived of sleep, food and water, and subjected to freezing temperatures and other forms of torture and abuse while held in U.S. custody. None was charged with a crime, two were detained while still minors, and one of them remains at Guantánamo.

This week, in a complaint filed with the United Nations Committee against Torture, they are asking one question: how can the man responsible for ordering these heinous crimes, openly enter a country that has pledged to prosecute all torturers regardless of their position and not face any legal action?

The Center for Constitutional Rights (CCR) and the Canadian Centre for International Justice (CCIJ) filed the complaint on the men’s behalf.

The country in question is Canada, visited last year by former U.S. President George W. Bush during a paid speaking engagement in Surrey, British Columbia. Bush’s visit drew hundreds in protest, calling for his arrest, and it also provided bin Attash, el-Hajj, Tumani and Kurnaz the opportunity to call on the Canadian government to uphold its legal obligation under the U.N. Convention against Torture, and conduct a criminal investigation against Bush while he was on Canadian soil.

To this end, the four men, submitted a 69-page draft indictment that CCR and CCIJ had presented to Canada’s attorney general ahead of Bush’s arrival in support of their private prosecution. The submission included thousands of pages of evidence against Bush consisting of extensive reports and investigations conducted by multiple U.S. agencies and the U.N. The evidence is overwhelming, not to mention the fact that Bush has admitted, even, boasted of his crimes, saying “damn right” when asked if it was permissible to waterboard a detainee – a recognized act of torture.

Canada should have investigated these crimes. The responsibility to do so is embedded in its domestic criminal code that explicitly authorizes the government to prosecute torture occurring outside Canadian borders. There is no reason it cannot apply to former heads of state, and indeed, the Convention has been found to apply to such figures including Hissène Habré and Augusto Pinochet. A criminal investigation into the allegations was the lawful thing to do. It was also what Canada had agreed to do when it pledged its support to end impunity for torture by ratifying the Convention.

But Canada looked the other way. Not only did federal Attorney General Robert Nicholson refuse to investigate Bush, but the Attorney General of British Columbia swiftly intervened to shut down a private criminal prosecution submitted to a provincial court in his jurisdiction the morning of Bush’s visit.

Thanks to the Obama administration’s call to look only “forward” – even in the face of torture that demands a proper reckoning – and a court system in the U.S. that has readily closed its doors to torture survivors, the crimes of the Bush era are effectively beyond the reach of justice in the U.S. But the immunity – the impunity – granted to these criminals here should not follow them into other countries, particularly those that are signatories to international laws and treaties against torture.

If the Convention against Torture is to have any hope of fulfilling its mission of preventing torture, the committee must send countries like Canada a clear message: it is their legal obligation to ensure there is no safe haven for torturers and any action to the contrary makes these states effectively complicit in furthering impunity for some of the worst crimes of the past decade.

These four survivors are asking the U.N. to enforce its own convention, nothing more and nothing less. They call upon the U.N., unlike Canada, to unequivocally reject a worldview in which the powerful are exempt from rules, treaties and prohibitions against senseless acts of barbarity.  Will the U.N. hear their call?

Katherine Gallagher is Senior Staff Attorney at the Center for Constitutional Rights.

More articles by:

CounterPunch Magazine

minimag-edit

bernie-the-sandernistas-cover-344x550

zen economics

December 06, 2016
Anthony DiMaggio
Post-Fact Politics: Reviewing the History of Fake News and Propaganda
Richard Moser
Standing Rock: Challenge to the Establishment, School for the Social Movements
Norman Solomon
Media Complicity is Key to Blacklisting Websites
Michael J. Sainato
Elizabeth Warren’s Shameful Exploitation of Standing Rock Victory
David Rosen
State Power and Terror: From Wounded Knee to Standing Rock
Kim Ives
Deconstructing Another Right-Wing Victory in Haiti
Nile Bowie
South Korea’s Presidency On A Knife-Edge
Mateo Pimentel
Some Notes and a Song for Standing Rock
Bill Fletcher Jr – Bob Wing
Fighting Back Against the White Revolt of 2016
Peter Lee
Is America Ready for a War on White Privilege?
Pepe Escobar
The Rules of the (Trump) Game
W. T. Whitney
No Peace Yet in Colombia Despite War’s End
Mark Weisbrot
Castro Was Right About US Policy in Latin America
David Swanson
New Rogue Anti-Russia Committee Created in “Intelligence” Act
George Ochenski
Forests of the Future: Local or National Control?
December 05, 2016
Bill Martin
Stalingrad at Standing Rock?
Mark A. Lause
Recounting a Presidential Election: the Backstory
Mel Goodman
Mad Dog Mattis and Trump’s “Seven Days in May”
Matthew Hannah
Standing Rock and the Ideology of Oppressors: Conversations with a Morton County Commissioner
Kevin Zeese - Margaret Flowers
#NoDAPL Scores Major Victory: No Final Permit For Pipeline
Fran Shor
The End of the Indispensable Nation
Michael Yates
Vietnam: the War That Won’t Go Away
Michael Uhl
Notes on a Trip to Cuba
Robert Hunziker
Huge Antarctica Glacier in Serious Trouble
John Steppling
Screen Life
David Macaray
Trump vs. America’s Labor Unions
Yoav Litvin
Break Free and Lead, or Resign: a Letter to Bernie Sanders
Norman Pollack
Taiwan: A Pustule on International Politics
Kevin Martin
Nuclear Weapons Modernization: a New Nuclear Arms Race? Who Voted for it? Who Will Benefit from It?
David Mattson
3% is not Enough: Towards Restoring Grizzly Bears
Howard Lisnoff
The Person Who Deciphered the Order to Shoot at Kent State
Dave Archambault II
Standing Rock Sioux Tribe Statement on Dakota Access Pipeline Decision
Nick Pemberton
Make America Late Again
Weekend Edition
December 02, 2016
Friday - Sunday
John Pilger
The Coming War on China
Jeffrey St. Clair
Roaming Charges: The CIA’s Plots to Kill Castro
Paul Street
The Iron Heel at Home: Force Matters
Pam Martens - Russ Martens
Timberg’s Tale: Washington Post Reporter Spreads Blacklist of Independent Journalist Sites
Andrew Levine
Must We Now Rethink the Hillary Question? Absolutely, Not
Joshua Frank
CounterPunch as Russian Propagandists: the Washington Post’s Shallow Smear
David Rosen
The Return of HUAC?
Rob Urie
Race and Class in Trump’s America
Patrick Cockburn
Why Everything You’ve Read About Syria and Iraq Could be Wrong
Caroline Hurley
Anatomy of a Nationalist
Ayesha Khan
A Muslim Woman’s Reflections on Trump’s Misogyny
Michael Hudson – Steve Keen
Rebel Economists on the Historical Path to a Global Recovery
FacebookTwitterGoogle+RedditEmail