George W. Bush/Torture Indictment

This article provides information about criminal proceedings intended to have been filed against George W Bush in Geneva by the Centre for Constitutional Rights on 7 February 2011. It is intended to be updated as and when the matter progresses or other events and information relevant to it or related prosecution attempts become available

Bush Torture Indictment

Synopsis

On February 7, 2011, two torture victims were to have filed criminal complaints for torture against former president George W. Bush in Geneva, who was due to speak at an event there on February 12th. On the eve of the filing of the complaints, George Bush canceled his trip. Swiss law requires the presence of the alleged torturer on Swiss soil before a preliminary investigation can be opened. The complaints could not be filed after Bush canceled, as the basis for jurisdiction no longer existed.

These two complaints are part of a larger effort to ensure accountability for torturers, including former U.S. officials. So on February 7, 2011, CCR publicly released the "Preliminary Bush Torture Indictment." This document presents fundamental aspects of the case against George Bush for torture, and a preliminary legal analysis of his liability for torture and a response to some anticipated defenses. This document will be updated as developments warrant. The exhibit list contains references to more than 2,500 pages of supporting material.

Status

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.

Description

There is global support for the victims of torture under the Bush administration to seek justice and accountability. CCR worked with the Berlin-based European Center for Constitutional and Human Rights to prepare the case in Switzerland, and had support from the International Federation for Human Rights (FIDH).

The individual complaints that were set to be filed in Geneva on February 7, 2011 were supported by a letter from more than 60 human rights organizations and prominent individuals calling for the prosecution of George W. Bush for torture, including former UN Special Rapporteur on Torture, Theo van Boven, UN Special Rapporteur on Independence of Judges and Lawyers, Leandro Despouy, and Nobel Peace Prize recipients Shirin Ebadi and Pérez Esquivel. A number of the human rights organizations which signed on are facing the on-going harms of the “counterterrorism” policies advanced under the Bush administration and then adopted or employed in their own countries.

Manfred Nowak, former UN Special Rapporteur on Torture (2004-2010), was to submit an expert opinion on the complaints concluding that the conduct to which both plaintiffs were subjected constitutes torture, that Switzerland had an obligation to open a preliminary investigation, and that George W. Bush enjoys no immunity.