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拉姆斯菲爾德被訴戰爭罪
[ 2006-11-15 09:22 ]

一個國際律師組織在德國提出訴訟,矛頭指向即將離任的美國國防部長唐納德·拉姆斯菲爾德及其他數名美方高官,指認他們對美軍虐囚事件負有責任,犯有戰爭罪。 律師們以12名曾在伊拉克阿布格萊布監獄遭受虐待的囚犯之名控告拉姆斯菲爾德,稱他“指揮并默許虐囚”。 提起訴訟的律師稱,被告們“指揮、協助或教唆”戰爭罪行,或是“作為政府高官或軍隊指揮官,沒能制止下屬或對下屬作出懲處”。這些都是德國法律明文規定屬于戰爭罪行的行為。

 

 

US President George W. Bush with Defense Secretary Donald Rumsfeld after Bush announced Rumsfeld's replacement on November 8, 2006. Civil rights groups filed a suit with German prosecutors on Tuesday seeking war crimes charges against Rumsfeld for alleged abuse of detainees at Abu Ghraib and Guantanamo prisons. [Reuters]

Lawyers for inmates of Iraq's Abu Ghraib prison and Guantanamo Bay asked German prosecutors Tuesday to open a war crimes investigation of outgoing US Defense Secretary Donald H. Rumsfeld and other US officials for their alleged roles in abuse at the detention centers.

Although the lawyers who filed the lawsuit acknowledged while there was little chance of seeing Rumsfeld in a German jail, the point was simply to increase the pressure on top brass they say are culpable. German federal prosecutors said they would examine the case.

"We are not expecting that Rumsfeld will appear in a court, but we are hoping investigators will begin looking into the case," said Wolfgang Kaleck, a German lawyer involved in the suit.

The 220-page lawsuit, which also names 13 other US officials, was sent to federal prosecutors under a German law that allows the prosecution of war crimes regardless of where they were committed. It alleges that Rumsfeld personally ordered and condoned torture.

Bryan Whitman, a Pentagon spokesman, said US officials had not seen the complaint, but said media reports suggested it was "frivolous."

"Abu Ghraib is something that the US government has investigated very thoroughly," Whitman said, noting more than a dozen probes as well as congressional hearings. "The appropriate individuals have been held accountable."

There have been 11 convictions and about a dozen courts-martial in the United States related to Abu Ghraib.

The suit is brought on behalf of 12 alleged torture victims - 11 Iraqis held at Abu Ghraib and Mohamad al-Qahtani, a Saudi being held at the US military prison in Guantanamo Bay, Cuba, who has been identified by the US as a would-be participant in the Sept. 11, 2001, attacks.

Captured in December 2001 along the Afghanistan-Pakistan border, al-Qahtani would not crack under normal questioning, so Rumsfeld approved harsher methods, according to the testimony before Congress.

After FBI agents raised concerns, military investigators began reviewing the case and in July 2005 said they confirmed abusive and degrading treatment that included forcing al-Qahtani to wear a bra, dance with another man, stand naked in front of women, and behave like a dog. Still, the Pentagon determined "no torture occurred."

German prosecutors already declined to investigate a more limited lawsuit in 2005, arguing that it was up to the US to hold any inquiry and that there were no indications US authorities or courts would refrain from doing so.

Since then, there have been "no efforts in the United States to go up the chain of command - they've basically been given impunity from any investigation or prosecution," said Michael Ratner, president of New York's Center for Constitutional Rights, which is behind the litigation.

The attorneys think they have a better case this time, armed with documents from 2005 congressional hearings on the al-Qahtani case. They argue that Rumsfeld's resignation last week means prosecutors may be under less political pressure to avoid the case.

(Agencies)

Vocabulary:
 

inmate: 監獄里的囚犯

outgoing: 即將離職的

top brass: 要員,高級官員

looking into: 調查(案子)

frivolous: 無關緊要的

Abu Ghraib: 阿布格萊布監獄(虐俘丑聞)

(英語點津陳蓓編輯)

 
 
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