THE possible indictment of Bush administration officials by a Spanish court is based on the Geneva Convention and the 1984 Convention Against Torture, which is binding on 145 countries including Spain and the United States. The countries which signed that treaty have the authority to investigate cases of torture, especially when one of their own citizens has been abused. Five citizens or residents of Spain were held prisoner at the US detention facility on Guantanamo Bay and they claim that they were tortured during their detention. A complaint has been filed with the Spanish court by a Spanish human rights group and the case has been assigned to Judge Baltasar Garzon who has made a name for himself in attempting prosecution of other known figures ranging from members of Al-Qaeda to General Augusto Pinochet of Chile. Arrest warrants could be issued for the former US Attorney General Albert Gonzales, John C. Yoo, former Justice Department lawyer who wrote secret legal opinions saying the president had the authority to circumvent the Geneva Convention and Douglas Feith, the former under secretary of defense for policy. While Yoo declined to comment, Feith defended himself. “The charges as related to me make no sense. They criticize me for promoting a controverial position that I never advocated,” he said. Spanish law allows courts to reach beyond national borders in cases of torture or war crimes under the doctrine of universal justice, though the government has recently said it hopes to limit the scope of the legal process. The fact that someone somewhere has undertaken a serious investigation into the conduct of the US government at Guantanamo is reassuring. But of course, there is very little chance that any of these will be arrested. __
