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Rights Groups Release Peliminary Indictment of Bush for Torture

By Jeralyn, Section Foreign Affairs
Posted on Mon Feb 07, 2011 at 09:20:53 PM EST
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Former President George W. Bush is the subject of the an Indictment by human rights groups in Switzerland. You can read it here.

Bush canceled his trip to Switzerland so the Indictment can't be filed as there is no jurisdiction without his personal presence. The Center for Constitutional Rights says he needs to be careful with his future international travel plans.

The Preliminary Bush Torture Indictment was prepared so that it could be used for individual victims to file cases against George Bush in any country where the Convention Against Torture provides jurisdiction.

...Swiss law requires the presence of the alleged torturer on Swiss soil before a preliminary investigation can be open. The complaints could not be filed after Bush cancelled, as the basis for jurisdiction no longer existed.

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    Rights Groups Release Peliminary Indictment of Bush for Torture | 18 comments (18 topical)

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    Phoney hypocrite (5.00 / 2) (#6)
    by mmc9431 on Tue Feb 08, 2011 at 08:48:46 AM EST
    It's sad that we have to rely on foreign powers to enforce our own rule of law.

    Another example of the U.S. policy of "do as I say and not as I do". It's no wonder we have lost so much standing in the eyes of the international community.

    Somehow I don't believe this group has any (none / 0) (#1)
    by jimakaPPJ on Mon Feb 07, 2011 at 09:56:15 PM EST
    legal authority.

    I also can't believe that any country would try, repeat TRY and arrest an ex-President of the US.

    Sounds like an attempt to get some pubilicity.

    War criminal (none / 0) (#3)
    by Andreas on Mon Feb 07, 2011 at 11:49:54 PM EST
    George Walker Bush is considered to be a war criminal by the majority of people in most parts of the world. As you write he is an ex-President which implies that he can pe prosecuted. Not all countries are as lawless as the US (and in particular the Obama administration) and protect torturers and war criminals.

    Parent
    The question was (none / 0) (#12)
    by jimakaPPJ on Tue Feb 08, 2011 at 10:52:40 AM EST
    does the group linked to have the legal status in Switzerland to arrest Bush, or anyone for that matter.

    Parent
    The real question is (none / 0) (#13)
    by Harry Saxon on Tue Feb 08, 2011 at 11:11:45 AM EST
    why you seem unable to use the Internets to answer your own question, PPJ.

    Parent
    Under the CAT (none / 0) (#14)
    by NMvoiceofreason on Tue Feb 08, 2011 at 11:37:04 AM EST
    Under the UN Convention Against Torture, anyone can make a complaint. All that would have been necessary was Bush's presence in the country.

    We can only hope that soon Bush won't be able to visit Texas without being arrested for his crimes of conspiracy to commit torture, felony murder, and obstruction of justice.

    Parent

    I was just on the phone (none / 0) (#16)
    by Harry Saxon on Tue Feb 08, 2011 at 12:12:34 PM EST
    with a relative in TX, she told me the lastest flap is about the mayor of Dallas is distancing himself from the vice-mayors' decision to give the Key to the City to Michael Vick, so there is yet hope for the Lone Star State.

     :-)

    Parent

    Because it was stupid (none / 0) (#18)
    by jbindc on Tue Feb 08, 2011 at 02:09:47 PM EST
    This guy got a whole lotta trouble and grief for not much in return, except that he got to meet Michael Vick.  (And if he's such a fan, don't you think he could have arranged a meeting at one of the many Super Bowl cocktail parties all week?)

    Parent
    Thanks NMVoiceofrteason (none / 0) (#17)
    by jimakaPPJ on Tue Feb 08, 2011 at 01:24:46 PM EST
    But a complaint doesn't mean that the complainer has the power to arrest, or that the state agency complained to has to respond to the complaint without following that country's legal guidelines.

    So it really looks like a publicity stunt more than anything else.

    Parent

    Since this is Swiss law (none / 0) (#19)
    by Harry Saxon on Tue Feb 08, 2011 at 05:37:12 PM EST
    which stems from different sources than American law, you're comparing apples and oranges, and not for the first time.

    Parent
    Some talking head on sunday said Bush would (none / 0) (#7)
    by ruffian on Tue Feb 08, 2011 at 09:11:38 AM EST
    have some kind of diplomatic immunity from being served or arrested over there. Anyone know if that is true?

    I dunno (none / 0) (#8)
    by sj on Tue Feb 08, 2011 at 10:02:18 AM EST
    I thought diplomatic immunity gave to a holder of a diplomatic passport protection from prosecution for crimes committed while on foreign soil.

    How would that apply?

    Parent

    if he still has one (none / 0) (#9)
    by NMvoiceofreason on Tue Feb 08, 2011 at 10:16:09 AM EST
    Do ex-presidents still get diplomatic passports?

    Parent
    According to some Swiss officials (none / 0) (#10)
    by jbindc on Tue Feb 08, 2011 at 10:16:57 AM EST
    (so I don't know who they are, or if it's true)

    Link

    Swiss judicial officials have said that Bush would still enjoy a certain diplomatic immunity as a former head of state.


    Parent
    More (5.00 / 1) (#11)
    by jbindc on Tue Feb 08, 2011 at 10:20:18 AM EST
    From Harper's:

    A former head of state traveling abroad on private business does not automatically enjoy diplomatic immunity-as General Augusto Pinochet discovered in 1998, when he was arrested on torture charges during a visit to London. Diplomatic immunity can be arranged through an exchange of notes involving the foreign ministries involved, or, in the case of former U.S. officials, the State Department can obtain assurances that no police action will be taken during a planned visit. Such procedures have frequently been taken with respect to former Secretary of State Henry Kissinger, who is the subject of pending foreign criminal investigations in several nations and whose travel plans are greatly complicated by this fact. However, it appears that no such measures had been taken to protect Bush in connection with his planned charity appearance.

    But that doesn't mean that something with regards to general immunity to Bush doesn't apply via the Swiss government.  I mean - it IS Switzerland, after all.

    Parent

    in a small way (5.00 / 3) (#15)
    by The Addams Family on Tue Feb 08, 2011 at 12:07:09 PM EST
    it's satisfying that Kissinger, Bush, Cheney & the rest of those criminal torturing b@stards have to put up with their travel plans being "greatly complicated"

    Parent
    Fidel Castro (none / 0) (#21)
    by diogenes on Wed Feb 09, 2011 at 10:58:13 PM EST
    Can the Miami Cubans file a complaint like this if Castro is invited to visit Obama in Washington so that Castro is "indicted" for torture?  Oops-I forgot--torture conventions only apply to right-wingers (Pinochet, Bush, Kissinger, etc).

    Parent
    Harry's comment (none / 0) (#20)
    by Jeralyn on Wed Feb 09, 2011 at 12:12:09 AM EST
    was deleted for insulting another commenter. Harry is warned that he will be banned if he continues baiting and insulting other commenters.

    Rights Groups Release Peliminary Indictment of Bush for Torture | 18 comments (18 topical)

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