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: JURIST - The Paper Chase

Spain judge Garzon beginning investigation of suspected Guantanamo torture

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

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[JURIST] Spanish National Court judge Baltasar Garzon will begin an inquiry into the suspected torture and ill-treatment of detainees held at Guantanamo Bay, Spanish media reported Saturday. The inquiry follows claims made by several Spanish groups - including the Association for the Dignity of Prisoners of Spain, the Free Association of Lawyers, the United Left and the Human Rights Association of Spain - about alleged torture, abuse, inhuman and degrading treatment of detainees at the facility. The Obama administration has not responded to Garzon's questions regarding the open investigation of detainee abuses at the facility. Garzon's inquiry has focused on Spanish citizen and ex-Guantanamo detainee Ahmed Abderraman Hamed, and three others who Garzon has stated have significant connections with Spain. The domestic focus is due to new Spanish laws on the exercise of universal jurisdiction passed by Spain's parliament in November. The new law limits the use of universal jurisdiction to offenses committed by or against Spaniards, or where the perpetrators are in Spain. Garzon has been known for using universal jurisdiction extensively in the past to bring several high-profile cases, including those against Osama bin Laden and former Latin American dictator Augusto Pinochet. In March, he asked prosecutors to examine the US lawyers reportedly behind the establishment of the Guantanamo Bay detention center, including David Addington, John Yoo, and former attorney general Alberto Gonzales. The case was reassigned to another judge the following month. The continued inquiry comes as US President Barack Obama prepares to close the detention facility. It was reported earlier this month that 35 Guantanamo detainees now face trial or military commissions, adding to the five detainees that are already scheduled to be tried in New York for the 9/11 attacks and six detainees who have been chosen to face military tribunals.

Full post as published by JURIST - The Paper Chase on January 31, 2010 (boomark / email).

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