Spanish Supreme Court urged to proceed with case against former US officials accused of facilitating torture

Spanish Supreme Court urged to proceed with case against former US officials accused of facilitating torture

The ICJ and others argue that Spain should assume jurisdiction, as the US has allowed for impunity of top officials who facilitated torture.

The ICJ joined the Center for Constitutional Rights, the European Centre for Constitutional and Human Rights and other leading organizations and scholars, arguing that the Spanish Supreme Court should reopen the investigations for participation in or aiding and abetting torture and other human rights abuses against six senior legal officials of the Bush Administration.

The brief argues that Spain should exercise jurisdiction under Spanish law because the US itself has failed to carry out any meaningful investigations and prosecutions against the officials, who are alleged to have provided legal authorisation for torture practices against “war on terror” detainees.

The officials are David Addington (former Counsel to, and Chief of Staff for, former Vice President Cheney): Jay S. Bybee (former Assistant Attorney General, Office of Legal Counsel (OLC), U.S. Department of Justice (DOJ); Douglas Feith (former Under Secretary of Defense for Policy, Department of Defense (DOD); Alberto R. Gonzales (former Counsel to former President George W. Bush, and former Attorney General of the United States); William J Haynes (former General Counsel, DOD); and John Yoo (former Deputy Assistant Attorney General, OLC, DOJ).

SpainUSA-Bushlawyers-AmicusBrief-2012-eng (download third party intervention)

Garzón trial: the application of international law to the crimes of the Spanish Civil War and the Franco regime does not constitute criminal malfeasance

Garzón trial: the application of international law to the crimes of the Spanish Civil War and the Franco regime does not constitute criminal malfeasance

The ICJ and other human rights groups call on the Supreme Court of Spain to act in accordance with international law standards on the independence of the judiciary and accountability for international crimes. Judge Garzón is accused of criminal malfeasance for authorizing investigations into the alleged disappearance, torture and execution of more than 110.000 persons during the Spanish Civil War and the subsequent Franco’s regime. The trial against Judge Garzón will begin on 24 January 2012.

Spain-trial judge Garzón-press release-2012 (full text in English, PDF)

Spain-trial judge Garzón-press release-2012-SPA (full text in Spanish, PDF)

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