Spanish Judge Opens Probe into Guantanamo Torture

Published on Wednesday, April 29, 2009 by Agence France Presse

MADRID - A Spanish judge on Wednesday opened an investigation into an alleged "systematic programme" of torture at the US Guantanamo Bay detention camp, following accusations by four former prisoners.

Judge Baltasar Garzon will probe the "perpetrators, the instigators, the necessary collaborators and accomplices" to crimes of torture at the prison at the US naval base in southern Cuba, he said in his ruling, a copy of which was seen by AFP.

The judge based his decision on statements by Hamed Abderrahman Ahmed, known as the "Spanish Taliban" and three other former Guantanamo detainees -- a Moroccan, a Palestinian and a Libyan.

Garzon said that documents declassified by the US administration and carried by US media "have revealed what was previously a suspicion: the existence of an authorised and systematic programme of torture and mistreatment of persons deprived of their freedom" that flouts international conventions.

This points to "the possible existence of concerted actions by the US administration for the execution of a multitude of crimes of torture against persons deprived of their freedom in Guantanamo and other prisons including that of Bagram" in Afghanistan.

The four former Guantanamo detainees alleged they were held in cramped cells and suffered beatings and other physical and mental mistreatment.

The Palestinian, Jamiel Abdelatif al Banna, said he suffered "blows to the head that caused him to lose consciousness, was detained in an underground place without light for three weeks and deprived of food and sleep."

The decision by Garzon, known around the world for ordering the arrest of former Chilean dictator Augusto Pinochet in London in 1998, was unrelated to another investigation by the judge into six officials of the former US administration of George W. Bush over alleged torture at Guantanamo Bay.

Prosecutors this month issued an official request to the judge to drop that probe, arguing that the complaint targets officials who did not have the power to make decisions but who simply "drafted non-binding judicial reports."

Spain since 2005 has assumed the principle of universal jurisdiction in alleged cases of crimes against humanity, genocide, and terrorism. But it can only proceed when any such cases of the alleged crimes are not already subject to a legal procedure in the country involved.

Several human rights groups have asked judges in different countries to indict Bush administration officials over the camp, which US President Barack Obama has vowed to close by January 2010.

More than 800 detainees have been held at the US military prison since 2002.

Some 240 people are still there. About 60 of them have been deemed eligible for release, but the Obama administration is struggling to arrange their transfer to a third country.

The Bush administration had charged about 20 of the detainees on terror-related charges, including two prisoners arrested when they were still teenagers.

Also find this at Common Dreams dot org with Comments

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Comment from oneheartforpeace blogger: I would never wish the Death Penalty on any of these torturers - however I agree that in this case and especially because it's the US - they need to be prosecuted. I would speak out against the death penalty - no matter who for - just as I am saddened about this death penalty of the White Supremacist as well - however we deplore his terrible life and reason for prison:
here

Torture of any kind - as well as murder - are not ours to mete out and do harm the doer. And torture harms the doer's culture as well in infinite ways.

Yes, the death penalty is torture too - look at its history, reflect on how it has been used throughout the years and all the ways it can be botched and affect children and others who observe such an event. My child, barely 7 or so had no trouble seeing and saying, "...but mom, how can anyone kill another to try to prove that murder is not right?" For various reasons - besides these few I mention - that the death penalty is an archaic act without any value in a civilized land, see another blog I help do: The Journey of Hope Blog CLICK here