Seventeen human rights and civil rights organizations and 45 prominent lawyers and civic leaders have sent a letter to Attorney General Eric Holder last week urging him to appoint a special independent prosecutor to investigate and prosecute Bush officials and lawyers involved in setting illegal interrogation policies.
Holder had expanded the mandate of Justice Department lawyer John Durham to include a preliminary investigation but limited Durham’s focus to a handful of interrogators who exceeded the limits set by the “torture memos.”
The groups and individuals stressed that the special prosecutor should come from outside the Department of Justice and not limit the investigation to low-level operatives, but “should investigate and prosecute all those who ordered, approved, justified, abetted or carried out the torture and abuse.”
The letter cites “political pressure” which has “led to [Holder’s] office taking too narrow an approach to the investigation.”
Signatories of the letter include the National Lawyers Guild, Center for Constitutional Rights, U.S. Human Rights Network, and Psychologists for Social Responsibility, as well as prominent torture survivor Sister Dianna Ortiz. Also signing is the International Association of Democratic Lawyers, the American Association of Jurists and many other international bar associations. They urge Holder to “hold firm against any attempts by former Vice President Dick Cheney, the CIA directors, and the media to silence those who demand that the United States hold accountable those who have committed and authorized torture.”
Both the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and the Geneva Conventions “expressly require the United States to either extradite or initiate prosecution of persons who are reasonably accused,” the letter says, adding “this is a legal obligation.”
“Whether actionable intelligence was gained is not the issue,” the letter in conclusion reminds the Attorney General, and says that he cannot “pick and choose those laws you will enforce.”
The letter text follows below:
OPEN LETTER TO ATTORNEY GENERAL HOLDER
We, the undersigned, are writing to request that you hold firm against any attempts by former Vice President Dick Cheney, the CIA directors, and the media to silence those who demand that the United States hold accountable those who have committed and authorized torture.
We call on you to appoint a special independent prosecutor who is not part of the Department of Justice to investigate and prosecute all those who ordered, approved, justified, abetted or carried out the torture and abuse. The people who are held accountable should not be limited to low-level operatives.
We are particularly disturbed by the efforts of the reporters at the Washington Post to distort the facts and ignore the illegality of torture. They cited anonymous sources who allegedly said that torture works; these “reports” contradict the newly released report of the CIA’s Inspector General.
Cheney’s claim that your decision to open an investigation into the conduct of the CIA is a politicization of this issue is shameful. If anything, political pressure has led to your office taking too narrow an approach to the investigation.
The world community has expressed its revulsion at the use of torture in any form. Torture is illegal under all circumstances. The prohibition against torture is considered in international law on par with laws against genocide, slavery and wars of aggression. Under the Rome Statute for the International Criminal Court, it is a crime against humanity.
The United States is a party to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) and the Geneva Conventions. Both treaties expressly require the United States to either extradite or initiate prosecution of persons who are reasonably accused – this is a legal obligation.
The U.S. Torture Statute that Congress passed to fulfill our obligations under the CAT outlaws torture committed outside the United States. The U.S. War Crimes Act punishes torture as a grave breach of the Geneva Conventions. In 2006, the Supreme Court affirmed in Hamdan v. Rumsfeld that all prisoners in U.S. custody are protected by the Geneva Conventions.
There are many who claim we should ignore the facts and the law and refuse to hold accountable all those responsible for the use of torture. Whether actionable intelligence was gained is not the issue. Nor is the morale in the CIA.
We believe the oath of office you took requires that you not pick and choose those laws you will enforce.
National Lawyers Guild
Center for Constitutional Rights
U.S. Human Rights Network 2
American Association of Jurists
International Association of Democratic Lawyers
Psychologists for Social Responsibility
The Coalition for an Ethical Psychology
Torture Abolition and Survivors Support Coalition International
Lawyers Against the War (Canada)
Japanese Lawyers International Solidarity Association
National Association of Democratic Lawyers in South Africa
European Lawyers for Democracy and Human Rights
Haldane Society of Socialist Lawyers (England)
Progress Lawyers Network (Belgium)
National Union of Peoples’ Lawyers (Philippines)
Italian Association of Democratic Lawyers
Marjorie Cohn, President, National Lawyers Guild; Professor, Thomas Jefferson School of Law
Michael Ratner, President, Center for Constitutional Rights
Bill Quigley, Legal Director, Center for Constitutional Rights
Ajamu Baraka, Executive Director, US Human Rights Network
Jeanne Mirer, President, International Association of Democratic Lawyers
Roland Weyl, First Vice President, International Association of Democratic Lawyers
Micòl Savia, UN representative in Geneva, International Association of Democratic Lawyers
Vanessa Ramos, President, American Association of Jurists
Max Boqwana, General Secretary, National Association of Democratic Lawyers in South Africa
Mike Mansfield QC, President, Haldane Society of Socialist Lawyers
Liz Davies, barrister, UK, Chair, Haldane Society of Socialist Lawyers
Richard Harvey, Bureau member of International Association of Democratic Lawyers, Executive member, Haldane Society
Bill Bowring, Professor of Law, University of London; President, European Lawyers for Democracy and Human Rights; International Secretary, Haldane Society
Sister Dianna Ortiz, U.S. Torture Survivor and founder of the Torture Abolition and Survivors Support Coalition International
Harold Nelson, Advocacy Coordinator, Torture Abolition and Survivors Support Coalition International
Gail Davidson, Chair, Lawyers Against the War
Osamu Niikura, President, Japanese Lawyers International Solidarity Association
Edre Olalia, Vice President, National Union of Peoples’ Lawyers
Neri Colmenares, Secretary General, National Union of Peoples’ Lawyers
Jan Fermon, representative, Progress Lawyers Network
Fabio Marcelli, Executive Committee and Speaker for International and European Affairs, Italian Association of Democratic Lawyers
George Hunsinger, Princeton Theological Seminary
Richard Falk, Albert G. Milbank Professor of International Law Emeritus, Princeton University
Dr. Thomas Ehrlich Reifer, University of San Diego; Associate Fellow, Transnational Institute
Jordan J. Paust, Mike and Teresa Baker Law Center Professor, University of Houston Law Center 3
Terry Karl, Gildred Professor of Political Science and Latin American Studies
Department of Political Science, Stanford University
Marc Falkoff, Assistant Professor, Northern Illinois University College of Law
John W. Lango, Philosophy Professor, Hunter College of the City University of New York
Elizabeth M. Iglesias Professor of Law & Director, Center for Hispanic & Caribbean Legal Studies, University of Miami School of Law
Ray McGovern, Veteran Intelligence Professionals for Sanity (VIPS)
Michael Avery, Professor, Suffolk Law School
Michael E. Tigar, Professor of the Practice of Law, Duke Law School; Emeritus Professor, Washington College of Law
Andy Worthington, journalist and author of The Guantanamo Files
Michael Rooke-Ley, Professor of Law Emeritus, Nova Southeastern University
William J. Aceves, Professor, California Western School of Law
Phyllis Bennis, Fellow, Institute for Policy Studies
Noam Chomsky, Institute Professor, retired, Dept of Linguistics & Philosophy, MIT
Alfred W. McCoy, J.R.W. Smail Professor of History, University of Wisconsin-Madison
Susan Rutberg, Professor, Golden Gate University School of Law
John Ehrenberg, Professor and Chair of Political Science, Long Island University, Brooklyn, NY
Radhika Balakrishnan, Professor, Rutgers University
David Swanson, author of Daybreak: Undoing the Imperial Presidency
Kristina Borjesson, Member, Robert Jackson Steering Committee