"HeyBub" wrote:
First, there's a difference as to whether the acts undertaken by the U.S.
constitute "torture" as defined by the treaty.
Part I, Article 1, Item 1 "...torture means any act by which severe pain or
suffering, whether physical or mental, is intentionally inflicted on a
person..."
I guess the case hangs on the meaning of "severe". The DOJ lawyers chose a very
severe meaning of "severe". I think most courts might choose a lower level of
pain. Especially since the US Attorney General has said water boarding is
torture, the US is going to have trouble mounting a defense.
I heard a quote from Jessie Ventura, former Navy SEAL, former professional
wrestler, former governor of Minnesota, and all round Wild Guy, who was water
boarded as part of his SEAL training:
"Give me a water board, Dick Chaney, and one hour. I'll have him confessing to
the Sharon Tate murders."
Secondly, there's a jurisdictional problem:
"The Convention requires states to take effective measures to prevent
torture within their borders, and forbids states to return people to their
home country if there is reason to believe they will be tortured."
Any acts taken by the U.S. did not take place within the U.S. border, so
this part of the treaty doesn't apply.
That part doesn't, but this part does:
"Article 5
1. Each State Party shall take such measures as may be necessary to establish
its jurisdiction over the offences referred to in article 4 in the following
cases:
[...]
3. When the victim was a national of that State if that State considers
it appropriate. "
If such charges are brought, the US is obligated to extradite the accused under
Article 8.
Thirdly, Spain hasn't done anything yet. If they do, they'll regret it. The
U.S. doesn't take kindly to foreign states meddling in our internal affairs.
Nothing happened on Spanish soil, to Spanish citizens, or involving anybody
that could even SPEAK Spanish.
Eh? No.
From
http://www.cnn.com/2009/WORLD/europe...rt.guantanamo/
"Hamed Abderrahman Ahmed, a Spanish citizen captured in Pakistan in 2001, who
was later sent to Guantanamo. He arrived in Spain in 2004 and was acquitted of
terrorism charges by Spain's Supreme Court."
-- Doug