Manfred Nowak, who serves as a U.N. special rapporteur in Geneva, said
Washington is obligated under the U.N. Convention against Torture to
prosecute U.S. Justice Department officials who wrote memos that
defined torture in the narrowest way in order to justify and
legitimize it, and who assured CIA officials that their use of
questionable tactics was legal.

"That's exactly what I call complicity or participation" to torture as
defined by the convention, Nowak said at a news conference. "At that
time, every reasonable person would know that waterboarding, for
instance, is torture."

"If it should turn out ... that the (U.S.) government and its
authorities are not willing to prosecute those where we have enough
evidence that they instigated or committed torture, then there is also
an obligation on all other 145 states" party to the convention to
exercise universal jurisdiction, Nowak said.

That means countries would have an obligation to arrest the
individuals in question if they were on their soil and extradite them
to the U.S. if Washington gave clear assurances they would bring them
to justice. In the absence of such assurances, it would fall upon the
respective country to take the individuals to court.

Nowak also said any probe of questionable CIA interrogation tactics
must be independent and have thorough investigative powers.

"It can be a congressional investigation commission, a special
investigator, but it must be independent and with thorough
investigative powers," Nowak said.

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