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Spain judge seeks Guantanamo 'torture' prosecution plan from US

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] A Spanish judge has said that he will ask the US if it plans to prosecute six US officials for allegedly contributing to torture at Guantanamo Bay before deciding whether to open an investigation in Spain. Judge Eloy Velasco of Spain's Audiencia Nacional on Monday requested information from the US about potential charges against six former government lawyers, including David Addington, John Yoo, and former attorney general Alberto Gonzales, for their role in creating the legal definition of torture adopted by the administration of former US president George W. Bush. Velasco is considering whether to admit a complaint under Spain's universal jurisdiction statute, which gives Spain jurisdiction over foreign torture, terrorism, and war crimes only if the case is not subject to the legal system of the country involved. Velasco said that the nationality and location of the suspects and the ability to gather more complete evidence make the US a better venue for the prosecution, but suggested that he would be willing to exercise universal jurisdiction if the US did not investigate the claims. Velasco took over the case from Judge Baltasar Garzon, who opened a separate investigation in April related to detainee abuse at Guantanamo Bay. Also in April, Spanish Attorney General Candido Conde Pumpido, responding to a request from Garzon, said that he would not recommend trying any of the named defendants. In February, Spain announced that it is considering legislation to limit the the scope of universal jurisdiction to those cases that have a substantial link to the country or its citizens.

Full post as published by JURIST - The Paper Chase on May 06, 2009 (boomark / email).