German Prosecutor Dismisses Torture Case Against Rumsfeld

By Jeralyn, Section Terror Detainees
Posted on Sun Apr 29, 2007 at 02:45:34 PM EST
Tags: abu ghraib (all tags)

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The torture case charges against former Defense Secretary Donald Rumsfeld, Alberto Gonazales, George Tenet and others have been dropped, at the request of the prosecutor.

In her decision, German Federal Prosecutor Monika Harms argued that the case does not confront crimes committed on German soil, nor involve victims or perpetrators with ties to Germany. Harms also stated that the investigation does not have a reasonable chance of succeeding.

The case was filed in Germany because of the country's obligation under the German law of universal jurisdiction to try cases that deal with torture and other serious crimes, regardless of where the crime took place or what the nationality of the victims or perpetrators.

The Center for Constitutional Rights, which brought the case, says:

"Fundamentally, this is a political and not a legal decision," said CCR President Michael Ratner. "We will continue to pursue Rumsfeld, (U.S. Attorney General Alberto) Gonzales, and the others in the future -- they should not feel they can travel outside the United States without risk. Our goal is no safe haven for torturers."

The case may be refiled in Spain.

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German Prosecutor Dismisses Torture Case Against Rumsfeld | 26 comments (26 topical)

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Political (5.00 / 1) (#10)
by LarryE on Mon Apr 30, 2007 at 01:06:22 AM EST

Let's see. The article says that under German law, courts there have jurisdiction to try cases dealing with torture no matter where or by who it was committed.

The prosecutor dropped the case because the torture didn't happen in Germany and those involved were not tied to Germany - even though by law neither of those were requirements to proceeding.

Yeah, I think we can say this was a political decision.

: Well a political end ... (none / 0) (#15)
by Deconstructionist on Mon Apr 30, 2007 at 07:04:59 AM EST

to a political publicity stunt seems appropos and is about as surprising as, oh, the sun rising this morning.
As I said when this was initiated, the Germans are not fools.

Yes, there was resistance in Germany (5.00 / 2) (#16)
by Deconstructionist on Mon Apr 30, 2007 at 07:10:46 AM EST

but it was from a small minority once Hitler consolidated his power and constructed his security apparatus. The sad truth is far more people in Germany supported Hitler than actively resisted him and even among those who did not support him, the response was overwhelmingly of passive acquiescence. Granted, opposition was very risky but let's not distort history simply because we think Germany's population is currently more anti-Administration than our own.

Agree. (none / 0) (#24)
by Gabriel Malor on Mon Apr 30, 2007 at 10:13:45 AM EST

I agree. Also, all this yelling about internal resistance misses the point.

Al wrote that German democracy resisted and then overcame fascism. That's nonsense. The Allies overcame fascism and imposed democracy on a portion of Germany. It took forty years for the other part of the country to overthrow communism.


: Gabriel (none / 0) (#25)
by jimakaPPJ on Mon Apr 30, 2007 at 11:55:12 AM EST

Good point.
Al blew one by me.

War Criminals (4.00 / 1) (#3)
by Dulcinea on Sun Apr 29, 2007 at 05:09:37 PM EST

Seems Iraq will be able to file charges against the war criminals for the crimes they committed on Iraqi soil.

Well then (none / 0) (#1)
by jarober on Sun Apr 29, 2007 at 03:58:57 PM EST

Do they have Clinton (et.al.) in their sights as well? Rendition started under Clinton (possibly earlier), so if they are serious about this (rather than making it simply a partisan witch hunt) - then they have to go after everyone involved in rendition - and that dates back prior to January, 2001.

: a partisan witch-hunt? (5.00 / 2) (#6)
by Dadler on Sun Apr 29, 2007 at 06:59:51 PM EST

Wouldn't that mean one group of witches hunting down an opposing group of witches?
What about a non-binding half-partisan warlock quest?
When you haven't got a horse, just bang two halves of a coconut together.
And Clinton had a Republican as Secretary of Defense for his first term. What kind of neener-neener points is that worth?

No (none / 0) (#2)
by squeaky on Sun Apr 29, 2007 at 04:11:17 PM EST

But, feel free to start a case.

Germany? (none / 0) (#4)
by koshembos on Sun Apr 29, 2007 at 05:51:18 PM EST

First, I find such laws on the books in Europe hypocritic and outlandish. Europe killed 120 millions people in the 20th century and suddenly they become judges to the world. Austria, Nazism, Belgium, 10 million Kongolese, and others have not even admitted to committing any crimes.

Second, the Bush administration should be dealt with by the International Crime Tribunal and not nickel and dimed by Germany, Belgium or Spain with their awful past.

By all means send them to the ICC (5.00 / 2) (#5)
by Al on Sun Apr 29, 2007 at 06:40:39 PM EST

but don't confuse the German or Spanish democracies with the fascists that they resisted, and ultimately triumphed over.


The Allied military triumphed over Hitler (5.00 / 1) (#21)
by fairleft on Mon Apr 30, 2007 at 09:22:42 AM EST

Internal resistance was a minimal factor at best in the 'triumph'.

And, lest we get all stars-and-stripey, it was the Soviet Union's military who played the biggest role in the allies triumph.


: Fairleft (none / 0) (#29)
by jimakaPPJ on Mon Apr 30, 2007 at 02:46:41 PM EST

I think the USSR was considered part of the "allies."

Al (1.00 / 1) (#8)
by jimakaPPJ on Sun Apr 29, 2007 at 08:14:52 PM EST

Uh, I don't remember Germany having any internal resistance..


surely you jest (5.00 / 2) (#12)
by Jen M on Mon Apr 30, 2007 at 05:58:57 AM EST

No internal resistance in Germany? You are joking? Right?


Jen M (1.00 / 1) (#17)
by jimakaPPJ on Mon Apr 30, 2007 at 08:38:58 AM EST

Actually I was thinking more along the line of the Spainish Civil war, which Al spoke of.

However, I confess that the subject of resistance within Germany after Hitler came to power hasn't been widely spoken of in this country. In fact, outside of "Schindler's List," I can think of no "popular" books/movies, and none concerning the period before the war.

Of coure I have read of the book burnings, attacks on Jews and other minorities before Hitler came to power, and after.

But nothing that rose to "internal resistance."

One of the things I like about TL is that I occassionaly learn things. I think I will do a little digging.


There's a new book out (speaking of rose) (5.00 / 1) (#20)
by Jen M on Mon Apr 30, 2007 at 09:00:44 AM EST

I want to read I think the reasons the German resistance got glossed over is 1. the early resistance disapeared into the 'fog' and everyone else learned their lesson and 2. The communists lay low and didn't resist until Hitler attacked Russia. After the war we weren't in the mood to make heroes of communists. Oh, and the Desert Fox did not die of injuries sustained when an allied plane strafed his car!


Jen M (1.00 / 1) (#22)
by jimakaPPJ on Mon Apr 30, 2007 at 09:47:14 AM EST

Gotta be careful here, don't want to ruin my reputation by being too agreeable...

But, I think you are right.

As to the communists, Hitler's switch caused them a lot of problems in the US..


huh? (5.00 / 1) (#23)
by Deconstructionist on Mon Apr 30, 2007 at 09:56:41 AM EST

Hitler's "switch" was to repudiate the molotov- Ribbentrop treaty and attack the USSR, making them first our informal and then formal allies. Communists, for a brief period, went from being portrayed as the Red menace to being slalwart allies in the fight against fascism.

The only "switch" that hurt U.S. communists was the original one by Stalin who agreed to m-R and briefly aligned the USSR with Hitler in a great power accomodation across the ideological divide. Hitler always hated communists. M-r was just a con game by him.

: Decon (none / 0) (#26)
by jimakaPPJ on Mon Apr 30, 2007 at 11:58:38 AM EST

Sorry... meant Stalin

I think I'm gonna faint (none / 0) (#27)
by Jen M on Mon Apr 30, 2007 at 01:25:06 PM EST

: Jen M (none / 0) (#28)
by jimakaPPJ on Mon Apr 30, 2007 at 02:42:51 PM EST

The "vapors."
Not faint.
;-)

Hi, I'm Planet Earth.. Been there yet? (5.00 / 1) (#13)
by Nowonmai on Mon Apr 30, 2007 at 06:02:47 AM EST

You are kidding aren't you? Please, tell me you are. No internal resistance? Did someone redact your history books?


: See my reply to Jen (1.00 / 1) (#18)
by jimakaPPJ on Mon Apr 30, 2007 at 08:39:32 AM EST

torturers travelling the world (none / 0) (#7)
by diogenes on Sun Apr 29, 2007 at 07:29:22 PM EST

Does that mean that the CCR is pursuing an indictment of Robert Mugabe, Fidel Castro, or any number of other leaders under whom torture is alleged to have been practiced? Would they have indicted Saddam Hussein before his death (it seems that this organization didn't bring up a case in Spain before 2003)? Or is this a politically one-sided Anti-American game?

: Rumsfeld is in good company, then (5.00 / 3) (#11)
by Al on Mon Apr 30, 2007 at 01:41:30 AM EST

you must be so proud.