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OpEdNews Op Eds    H2'ed 2/8/11  

George Bush: Preliminary Indictment for Torture

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Earlier, Francis Boyle explained that he "resurrected a long-defunct World War II era ('unlawful enemy combatant') legal category," later superseded by the four Geneva Conventions.

He described Bush's action as "creat(ing) an anti-matter of legal nihilism where human beings (including US citizens) can be disappeared, detained incommunicado, denied access to attorneys and regular courts, tried in kangaroo courts, executed, tortured, assassinated and subjected to numerous other manifestations of State Terrorism." He almost entirely negated post-WW II international and US laws, including treaties to which America is party.

CCR's response, "provides a strong factual and legal basis to hold (him) accountable" in all 147 countries that ratified the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)...."

BTI "is based on two criminal complaints that were to be filed on February 7 in Switzerland on behalf of two torture victims," supported by CCR and allied groups, "in advance of Bush's planned trip to Geneva on February 12...."

Including are more than 2,500 pages of material. Under Swiss law, preliminary investigations may only begin if torturers enter the country. As a result, Bush cancelled his trip to avoid possible indictment. CCR promises BTI will await him "wherever he travels next."

Moreover, Amnesty International (AI) also repeatedly called for him to be investigated for torture violations, and sent Swiss authorities factual evidence of his culpability.

According to Martin Scheinin, UN Special Rapporteur on Human Rights and Counterterrorism:

"Nobody, from those who administered the practices to those at the top of the chain of command, is under a shield of absolute immunity for the practices of secret detention, extraordinary rendition and torture. Legally this case is quite clear. Bush does not enjoy immunity as a former head of state, and he has command responsibility for the decisions that were taken."

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