Rumsfeld Charged With Torture During French Visit

Donald Rumsfeld Charged With Torture During Trip To France

Complaint Filed Against Former Defense Secretary for Torture, Abuse at Guantánamo and Abu Ghraib

by International Federation for Human Rights -- FIDH... and Center for Constitutional Rights (CCR) European Center for Constitutional and Human Rights (ECCHR)

October 27, 2007

Press Release: October 26, 2007, Paris, France – Today, the International Federation for Human Rights (FIDH) along with the Center for Constitutional Rights (CCR), the European Center for Constitutional and Human Rights (ECCHR), and the French League for Human Rights (LDH) filed a complaint with the Paris Prosecutor before the "Court of First Instance" (Tribunal de Grande Instance) charging former Secretary of Defense Donald Rumsfeld with ordering and authorizing torture. Rumsfeld was in Paris for a talk sponsored by Foreign Policy magazine.

"The filing of this French case against Rumsfeld demonstrates that we will not rest until those U.S. officials involved in the torture program are brought to justice. Rumsfeld must understand that he has no place to hide. A torturer is an enemy of all humankind," said CCR President Michael Ratner.

"France is under the obligation to investigate and prosecute Rumsfeld's accountability for crimes of torture in Guantanamo and Iraq. France has no choice but to open an investigation if an alleged torturer is on its territory. I hope that the fight against impunity will not be sacrificed in the name of politics. We call on France to refuse to be a safe haven for criminals." said FIDH President Souhayr Belhassen.

"We want to combat impunity and therefore demand a judicial investigation and a criminal prosecution wherever there is jurisdiction over the torture incidents," said ECCHR General Secretary Wolfgang Kaleck.

"That a criminal State representative should benefit from impunity is always unacceptable. Because the USA is the super power of the beginning of this century and, above all, because it is a democracy, the impunity of Donald Rumsfeld is even more insufferable than that of a Hissène Habré or a Radovan Karadzic", underlined Jean-Pierre Dubois, LDH President.

The criminal complaint states that because of the failure of authorities in the United States and Iraq to launch any independent investigation into the responsibility of Rumsfeld and other high-level U.S. officials for torture despite a documented paper trail and government memos implicating them in direct as well as command responsibility for torture – and because the U.S. has refused to join the International Criminal Court – it is the legal obligation of states such as France to take up the case.

In this case, charges are brought under the 1984 Convention against Torture, ratified by both the United States and France, which has been used in France in previous torture cases.

French courts therefore have an obligation under the Convention against Torture to prosecute individuals responsible for acts of torture if they are present on French territory (1). This will be the only case filed while he is in the country, which makes the obligations to investigate and prosecute under international law extremely strong.

Rumsfeld's presence on French territory gives French courts jurisdiction to prosecute him for having ordered and authorized torture and cruel, inhuman and degrading treatment of detainees in Guantanamo, Abu Ghraib and elsewhere.

In addition, having resigned from his position of U.S. Secretary of Defense a year ago, Rumsfeld can no longer try to claim immunity as a head of state or government official. Nor can he claim immunity as former state official, as international law does not recognize such immunity in the case of international crimes including the crime of torture.

Former U.S. Army Brigadier General Janis Karpinski, former commander of Abu Ghraib and other U.S.-run prisons in Iraq, submitted written testimony to the Paris Prosecutor for the plaintiffs' case on Rumsfeld's responsibility for the abuse of detainees.

This is the fifth time Rumsfeld has been charged with direct involvement in torture stemming from his role in the Bush administration's program of torture post-9/11.

Two previous criminal complaints were filed in Germany under its universal jurisdiction statute, which allows Germany to prosecute serious international crimes regardless of where they occurred or the nationality of the perpetrators or victims. One case was filed in fall 2004 by CCR, FIDH, and Berlin attorney Wolfgang Kaleck; that case was dismissed in February 2005 in response to official pressure from the U.S., in particular from the Pentagon.

The second case was filed in fall 2006 by the same groups as well as dozens of national and international human rights groups, Nobel Peace Prize winners and the United Nations former Special Rapporteur on Torture. The 2006 complaint was presented on behalf of 12 Iraqi citizens who had been held and abused in Abu Ghraib prison in Iraq and one Saudi citizen still held at Guantánamo. This case was dismissed in April 2007, and an appeal will be filed against this decision next week.

Two other cases were filed against Rumsfeld in Argentina in 2005 and in Sweden in 2007.

The complaint and the documents attached are available on FIDH Website : < http://www.fidh.org/spip.php?article4829>http://www.fidh.org/spip.php?article4831

Source


Ah but wait, Darth Vader was whisked away!

Rumsfeld flees France fearing arrest

Sat, 10/27/2007 - 08:45

Former US Defense Secretary Donald Rumsfeld fled France today fearing arrest over charges of "ordering and authorizing" torture of detainees at both the American-run Abu Ghraib prison in Iraq and the US military's detainment facility at Guantanamo Bay, Cuba, unconfirmed reports coming from Paris suggest.

US embassy officials whisked Rumsfeld away yesterday from a breakfast meeting in Paris organized by the Foreign Policy magazine after human rights groups filed a criminal complaint against the man who spearheaded President George W. Bush's "war on terror" for six years.

Under international law, authorities in France are obliged to open an investigation when a complaint is made while the alleged torturer is on French soil.

According to activists in France, who greeted Rumsfeld shouting "murderer" and "war criminal" at the breakfast meeting venue, US embassy officials remained tight-lipped about the former defense secretary's whereabouts citing "security reasons".

Anti-torture protesters in France believe that the defense secretary fled over the open border to Germany, where a war crimes case against Rumsfeld was dismissed by a federal court. But activist point out that under the Schengen agreement that ended border checkpoints across a large part of the European Union, French law enforcement agents are allowed to cross the border into Germany in pursuit of a fleeing fugitive.

"Rumsfeld must be feeling how Saddam Hussein felt when US forces were hunting him down," activist Tanguy Richard said. "He may never end up being hanged like his old friend, but he must learn that in the civilized world, war crime doesn't pay."

International Federation for Human Rights (FIDH) along with the Center for Constitutional Rights (CCR), the European Center for Constitutional and Human Rights (ECCHR), and the French League for Human Rights (LDH) filed the complaint on Thursday after learning that Rumsfeld was scheduled to visit Paris. (SOURCE)

Youtube: Rumsfeld hit with Torture lawsuit in France!!!!