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Prosecuting Bush Administration Officials

By International Association of Penal Law

Julian Mortenson wrote an insightful essay for Slate, providing details about the facts and law applicable to the Spanish investigation of Bush administration officials regarding allegations of torture at Guantanamo Bay. He does a pretty good job of summarizing the state of the law, and the policy issues involved, a few quick hits: First, “Nobody’s been charged with anything yet. The Spanish civil law system allows criminal complaints to be filed by individual civilians, screened by an investigating magistrate like Garzon, and then referred to a prosecutor’s office for preliminary assessment. After the prosecutors make their recommendation, an ultimate go/no-go decision on pursuing criminal charges follows. In the Guantanamo case, the process has only just cleared the first screening...continue to full post

Full post as published by AIDP Blog on April 14, 2009 (boomark / email).