any updates? Prosecution of Bush Six Back On

THE SPANISH INVESTIGATION AGAINST “THE BUSH SIX” (Pending before
Judge Velasco, Central Tribunal of Instruction N° 6)

On March 17, 2009, a criminal complaint was filed against David
Addington (former Counsel to, and Chief of Staff for, former Vice
President Cheney); Jay S. Bybee (former Assistant Attorney General,
Office of Legal Counsel (OLC), U.S. Department of Justice (DOJ));
Douglas Feith (former Under Secretary of Defense for Policy, Department
of Defense (DOD)); Alberto R. Gonzales (former Counsel to former
President George W. Bush, and former Attorney General of the United
States); William J. Haynes (former General Counsel, DOD); and John Yoo,
(former Deputy Assistant Attorney General, OLC, DOJ), collectively known
as the “Bush Six,” in which each was alleged to have participated or
aided and abetted the torture and other serious abuse of persons
detained at U.S. run-facilities at Guantánamo and other overseas
locations. They are alleged to have committed numerous violations of
international law, including violations of the Geneva Conventions and
Convention Against Torture.

On March 28, 2009, the case was initially admitted by the competent
investigating judge of the Fifth Court, Judge Garzón. On April 16 2009,
Spain’s Attorney-General raised objections to the continuance of the
case. Subsequently, on 17 April 2009, the Public Office Prosecutor of
the National Court filed a report requesting that the current complaint
be discontinued and that on April 23, 2009, the responsibility for
investigating this matter was referred to Judge Eloy Velasco.

On May 4, 2009, Judge Velasco sent an International Rogatory Letter to
U.S. asking them to confirm “whether the facts to which the complaint
makes reference are or not now being investigated or prosecuted.” To
date, no response has been received.

On April 7, 2010, Judge Velasco issued an order asking the parties to
brief the effect of the amendment to the Spanish Organic Law of the
Judicial Power (Ley Orgánica del Poder Judicial), Articles 23 (4)-(5) on
the investigation, and whether the investigation should continue. These
amendments require that there be some connection to Spain for various
international crimes in order for the court to have jurisdiction, “(n)
otwithstanding whatever may be provided in other treaties and
international conventions ratified by Spain."

On April 27, 2010, CCR filed a joint expert opinion with the Berlin-
based European Center for Constitutional and Human Rights (ECCHR)
addressing Judge Velasco’s order. CCR and ECCHR urged him to retain
jurisdiction over the investigation due to the failure of the United
States to conduct independent, thorough or impartial investigations into
the torture program and the ongoing failure of the Obama administration
to prosecute those responsible.

http://www.ccrjustice.org/spain-us-torture-case

Bybee is currently the only member of the federal judiciary who is himself the subject of a pending criminal investigation—now being pursued by two judges of Spain’s Audiencia Nacional looking into the torture of Spaniards held at Guantánamo, apparently using procedures that Bybee authorized. While the United States is refusing to cooperate with the criminal inquiry (violating its treaty obligations to Spain in the process), Bybee risks arrest if he ever leaves the country.

http://www.harpers.org/archive/2010/09/hbc-90007576