Bush Torture Charges Back in Court

[StoneMtn]

Bush Torture Charges Back in Court Friday November 25th

______________________________________________________________________________

November 22, 2005 – Vancouver B.C.

The torture charges against US President G.W. Bush are back in court on Friday November 25th.

The hearing will be held in a Vancouver courtroom at 10:00 a.m. at 800 Smithe Street before Justice Deborah Satanove of the Supreme Court of British Columbia.

Lawyers Against the War laid the charges last year when Bush visited Canada. They concern the notorious cases of torture carried out by U.S. forces in Iraq, Afghanistan and Guantánamo Bay, Cuba, first exposed in a series of gruesome private photos that scandalized the world in early 2004. The charges were rejected when government lawyers asserted Bush’s immunity as a head of state. Lawyers Against the War appealed that decision.

On Friday the court will hear argument on some new preliminary objections raised by government lawyers in an effort to head off a hearing on the merits. The objections are of an extremely technical nature, including whether the British Columbia courts or the Ontario courts had jurisdiction over the charges, whether the time limit for the prosecution had started running and continued to run after the charges were rejected, and whether there had been a formal request for a summons to issue against the President.

“These arguments are an insult to victims of torture,†said LAW’s co-Chair and lead lawyer Gail Davidson. “The government seems to be trying to bend the law to protect the perpetrators of torture instead of enforcing it to protect the victims. First they sought a gag order to keep the public from knowing about the case, and now they are trying to avoid any hearing on the real issue in this case, which is whether this President can authorize torture with impunity.â€

Lawyers Against the War is an international group of jurists based in Canada with members in fourteen countries.

Contacts:

Michael Mandel, Tel: +1 416 736-5039: Fax: +1 416-736-5736; MMandel@osgoode.yorku.ca

Gail Davidson, Tel: +1 604 738 0338; Fax: 604 736 1175; law@portal.ca

[secondtube]

"On Friday the court will hear argument on some new preliminary objections raised by government lawyers in an effort to head off a hearing on the merits. The objections are of an extremely technical nature, including whether the British Columbia courts or the Ontario courts had jurisdiction over the charges, whether the time limit for the prosecution had started running and continued to run after the charges were rejected, and whether there had been a formal request for a summons to issue against the President."

but Marc Emery's charges are ok?

i think its the same thing. we want to charge bush in our country. United States of Shamerica want to charge emery in their country....

how come i think one is going to happen, and the other isn't?

[StoneMtn]

No decision yet...

Bid to try Bush for torture misplaced

Lawyers Against the War attempt a rare, private prosecution

Ian Mulgrew

Vancouver Sun

Saturday, November 26, 2005

A group of B.C. lawyers who want U.S. President George W. Bush put on trial for allegedly torturing thousands if not tens of thousands of those ghostly detainees in the war on terror was in B.C. Supreme Court Friday to argue its case.

The federal government, however, argued the allegations were being made in the wrong jurisdiction and that such a prosecution must be approved by Canadian Attorney-General Irwin Cotler.

The Crown says the case involves a non-citizen being accused of crimes committed outside Canada who was visiting the country as a guest of the government.

The government said it would be "appalling" if the B.C. courts allowed a private citizen to initiate criminal charges against Dubya under such circumstances.

But Lawyers Against the War, a Canadian-based international group, wants B.C. Supreme Court Justice Deborah Satanove to ignore Ottawa and overturn a lower court ruling that blocked the attempt to launch a rare, private prosecution.

Gail Davidson, a non-practising family lawyer, presented an earnest but badly delivered brief that did little to counter the Crown's persuasive arguments.

Davidson, who acknowledged her lack of criminal experience, at times provoked Satanove by failing to provide case references or copies of legal authorities.

The justice bristled at one point, saying Davidson should stick to the legal issues and stop making "a political speech."

"I think we've gone on a tangent here," Satanove said testily.

Ostensibly, at the heart of this case is the contention that Bush as head of state is legally responsible for the use of torture by U.S. forces in Iraq, Afghanistan and Guantanamo Bay, Cuba.

Toronto teen Omar Khadr is one of those incarcerated prisoners who has been tortured, Davidson said.

But Satanove refused to even consider the booklet of gruesome photos she wanted to submit.

Although Davidson insists this is not just a publicity stunt, I think it's just that. This is not a replay of Chilean dictator Augusto Pinochet in the U.K.

These proceedings began a year ago -- last Nov. 30.

As Bush was visiting Ottawa, Davidson was down at 222 Main St. swearing out her information before a justice of the peace.

Shortly afterwards, on Dec. 6, Provincial Court Judge William Kitchen conducted a secret hearing in which he declared the process a nullity and dismissed it.

The government told Kitchen it believed Bush had immunity because he was visiting Canada on Ottawa's invitation and he had diplomatic immunity. But that's a murky concept.

The proceedings have been flying under the radar since then because a ban on publication kept the media from reporting on the case. On Friday, Davidson was in court to have Kitchen's decision reversed.

But the Crown's argument is strong and cogent -- it would be "undemocratic, unthinkable and untenable" to allow private citizens to subvert unchecked a duly elected government from exercising sovereignty.

The Crown says Cotler is the only person who can decide whether such a prosecution is pursued and Davidson does not have his approval to proceed. It has also raised constitutional objections to such a prosecution going ahead, even if it were to be considered, because it should have been launched in Ontario not B.C.

On the other side is Davidson's fine-sounding rhetoric:

"People are dying as we speak . . . . These arguments are an insult to victims of torture. The government seems to be trying to bend the law to protect the perpetrators of torture instead of enforcing it to protect the victims."

But you need more.

I think what Bush and his administration are doing vis-a-vis prisoners in the war on terror is abysmal.

I believe there is a case to be made that there have been war crimes committed by U.S. Forces and there should be political responsibility. And it would be good if Cotler stepped up to the plate on the issue.

But I don't think this is the way to go about it.

Satanove reserved her decision.

imulgrew@png.canwest.com

http://www.canada.com/vancouversun/story.html?id=d6ec9888-a9ed-4985-8784-4559357781a6&k=96739

[Tickler]

this will do wonders for out relations and trade agreements....

[Dr_Evil_Mouse]

I think it's kind of funny that a Sun reporter can refer to Bush as "Dubya" by the fourth sentence.

Pity this came off as more of an expressive than a practical action.

[StoneMtn]

I assume that "out relations" is what I call "international relations".

In my view, countries cannot ignore torture out of concern for international relations and trade. Money is not an excuse.

[Dr_Evil_Mouse]

Seems to be a not unpopular idea.

EU countries warned over alleged secret CIA jails .

[StoneMtn]

Canadian Torture Charges Against Bush Rejected –

LAW Promises Another Appeal

December 19th 2005.

In a brief judgment today, Madam Justice Deborah Satanove of the Supreme Court of British Columbia rejected an appeal by the Canadian-based Lawyers Against the War (LAW) against the staying of torture charges laid against President George W. Bush last year. The judgment, which came after three weeks of deliberation but was less than five pages in length, declared the appeal “an abuse of processâ€. Relying on a contested nine-word passage in the transcript of the secret hearing held last year, Judge Satanove declared that the real intentions of LAW were "to use the criminal procedure as a forum to express political views". According to the court, the passage could be read as a disavowal by LAW of any intention to seek the issuance of a summons or warrant against the US President. The judge ignored all the other arguments on both sides of the case.

LAW immediately declared that it would appeal the decision.

"We can't fathom how the transcript could be read the way the judge read it," said LAW Co-Chair Gail Davidson in Vancouver. "We stated clearly at both hearings that we are seeking to have Bush put on trial. What's more incredible is how, so far, two Canadian courts have resolutely refused to let the evidence be heard in open court so that justice can take its course. Instead, the government and the courts keep raising trivial technical obstacles. What's at stake here is no longer just Bush's guilt, but the credibility of the rule of law in Canada and our commitment to enforce our own laws and the international treaties Canada has signed that ban torture.â€

In Toronto, LAW's other Co-Chair, Professor Michael Mandel added, "It isn't over until you've run out of appeals, and we've got plenty left. We have no choice but to keep going, because American torture is a reality, not just of the past, but also of the present -- and the future unless the law is enforced and Bush is brought to trial.â€

For background: www.bushprosecution.org; http://www.nightslantern.ca/law/current.htm

Contacts

Professor Michael Mandel

Osgoode Hall Law School, York University

4700 Keele Street, Toronto, CANADA M3J 1P3

Telephone: 416-736-5039; Fax: 416-736-5736; MMandel@osgoode.yorku.ca

Gail Davidson; law@portal.ca

[GWB]

I don't like to work, just gonna bang on the drum all day.....

[StoneMtn]

PRESS RELEASE – For Immediate Use

Jan. 17, 2006

[color:blue]APPEAL LAUNCHED IN BUSH TORTURE CASE

Vancouver, B.C., Canada – The Canadian-based legal group Lawyers Against the War--LAW filed appeal papers this week challenging the dismissal of torture charges against American President George W. Bush. The case will be heard in the British Columbia Court of Appeal later this year.

The Notice of Appeal lists numerous legal and factual errors committed by two lower courts that have so far heard only preliminary arguments in the case. The errors include the December 6th 2004 ruling by Judge William Kitchen that Bush is immune from prosecution because he is a sitting head of state, as well as the December 19th 2005 ruling by the Supreme Court of B.C. that the prosecution was “an abuse of process†the real intention of which was “to use the criminal procedure as a forum to express political views.â€

LAW Co-chair Gail Davidson, who is handling the case in Vancouver, said she is looking forward to a full hearing on the merits before the Court of Appeal: “This is an important stage of the case. LAW is seeking to have Canadian laws against torture properly interpreted and applied and the two lower courts have not allowed a proper hearing of the immunity issue.â€

In Toronto, Law Co-chair Michael Mandel denied that LAW is bringing the case forward to express political views. “Canada is obligated under Canadian and international law to act effectively to ‘prevent and punish’ torture, including the torture occurring at Abu Ghraib and Guantánamo Bay, and LAW has taken legal steps to enforce Canadian law.â€

LAW is an international committee of jurists with members in 14 countries. It was formed in 2001 to oppose the illegalities of the Bush administration’s so-called “War on Terror.â€

CONTACTS:

Professor Michael Mandel, Osgoode Hall Law School, York University, Toronto, Ontario

Tel: (416) 736-5039; Fax: (416) 736-5736; e-mail: MMandel@osgoode.yorku.ca

Gail Davidson, e-mail: law@portal.ca

Lawyers Against the War

Tel: +1 604 738-0338

Fax: +1 604 736-1175

Email: law@portal.ca

Website: www.lawyersagainstthewar.org