-Caveat Lector-
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Date: Sat, 19 Jun 2004 14:43:51 -0700 (PDT)
From: Party of Citizens <[EMAIL PROTECTED]>
Reply-To: [EMAIL PROTECTED]
To: [EMAIL PROTECTED]
Subject: [L&J] National Lawyers Guild v Bush
Is it too simplistic to blame Bush for the "MHR Regimen of Torture and
Murder" which has been imposed in Canada?
Z
The Governments of BC and Canada believe they have the right to torture
and kill innocent citizens. The UDHR says otherwise.
<http://www.geocities.com/universalhumanrightscanada>
FOR IMMEDIATE RELEASE
Contact: Michael Avery, President, 617-573-8551
Heidi Boghosian, Executive Director, 212-679-5100, ext. 11
NATIONAL LAWYERS GUILD CALLS FOR PROSECUTION OF PRESIDENT BUSH FOR ROLE IN TORTURE
2003 State of the Union Address Contained Implicit Admission
New York, June 18, 2004--The National Lawyers Guild calls for the prosecution of
President George W. Bush with a "command responsibility" theory of lliability under
the War Crimes Act. Bush can be prosecuted under the War Crimes Act or the Torture
Statute, if he knew or should have known about the U.S. military's use of torture and
failed to stop or prevent it. A comment in the President's January 2003 State of the
Union Address contained an implicit admission by Bush that he had sanctioned the
summary execution of many when he said: "All told, more than 3,000 suspected
terrorists have been arrested in many countries, and many others have met a different
fate." "Let's put it this way," he continued, "they are no longer a problem for the
United States and our friends and allies."
The Defense Department and the Justice Department each commissioned documents
attempting to justify the use of torture under the President's war-making power,
notwithstanding the Constitution's clear mandate that only Congress can make the laws.
The Defense Department memo said that as commander-in-chief, the President has a
"constitutionally superior position" to Congress. This blatant disregard for the
tripartite Separation of Powers doctrine is also contrary to the landmark ruling in
the Korean War case, Youngstown Sheet & Tire Co. v. Sawyers, in which the Supreme
Court held, "In the framework of our Constitution, the President's power to see that
the laws are faithfully executed refutes the idea that he is to be a lawmaker."
The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment was ratified by the United States and is thus part of the supreme law of
the land. Congress implemented U.S. obligations under this treaty by enacting the
Torture Statute, which provides 20 years, life in prison, or even the death penalty if
death results from torture committed by a U.S. citizen abroad. The USA PATRIOT Act
added the crime of conspiracy to commit torture to the Torture Statute. The Convention
Against Torture prohibits the intentional infliction of severe physical or mental pain
or suffering on a person to (a) obtain a confession, (b) punish him or (c) intimidate
or coerce him based on discrimination of any kind. To violate this treaty, the pain or
suffering must be inflicted "by or at the instigation of or with the consent or
acquiescence of a public official or other person acting in an official capacity."
The Istanbul Protocol of 9 August 1999 is the Manual on the Effective Investigation
and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment. It sets forth international guidelines for the United Nations High
Commission for Human Rights. Included in the Protocol's list of torture methods are
rape, blunt trauma, forced positioning, asphyxiation, crush injuries, humiliations,
death threats, forced engagement in practices violative of religion, and threat of
attacks by dogs. The photographs and reports from prisoners in Abu Ghraib include all
of these techniques. Moreover, the Defense Department analysis maintained that a
torturer could get off it he acted in "good faith," not thinking his actions would
result in severe mental harm. If the torturer based his conduct on the advice of these
memos, he could according to this argument, have acted in good faith.
Referring to the 9/11 Commission's preliminary reports issued this week, National
Lawyers Guild President Michael Avery said: "The Justice Department memorandum reads
like a pre-trial brief on behalf of the Nazi defendants in the Nuremberg trial. It's
rife with justification after justification for the use of torture."
Bush implicitly admitted sanctioning willful killing, torture and/or inhuman treatment
in his 2003 State of the Union Address. The Constitution mandates the impeachment of a
President for high crimes and misdemeanors. There is no higher crime than a war crime.
Willful killing, torture and inhuman treatment constitute grave breaches of the Geneva
Convention, which are considered war crimes under The War Crimes Act of 1996.
The National Lawyers Guild, founded in 1937, comprises over 6,000 members and
activists in the service of the people. Its national office is headquartered in New
York and it has chapters in nearly every state, as well as over 100 law school
chapters. Guild members provide legal support to progressive demonstrations throughout
the country, and well understand the nationwide trend toward increasingly repressive
measures deployed against political protesters.
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