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German Prosecutor Dismisses Torture Case Against Rumsfeld

The torture case charges against former Defense Secretary Donald Rumsfeld, Alberto Gonazales, George Tenet and others have been dropped, at the request of the prosecutor.

In her decision, German Federal Prosecutor Monika Harms argued that the case does not confront crimes committed on German soil, nor involve victims or perpetrators with ties to Germany. Harms also stated that the investigation does not have a reasonable chance of succeeding.

The case was filed in Germany because of the country's obligation under the German law of universal jurisdiction to try cases that deal with torture and other serious crimes, regardless of where the crime took place or what the nationality of the victims or perpetrators.

The Center for Constitutional Rights, which brought the case, says:

"Fundamentally, this is a political and not a legal decision," said CCR President Michael Ratner. "We will continue to pursue Rumsfeld, (U.S. Attorney General Alberto) Gonzales, and the others in the future -- they should not feel they can travel outside the United States without risk. Our goal is no safe haven for torturers."

The case may be refiled in Spain.

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ACLU Argues Case Against Rumsfeld

Today, in federal court, the ACLU and Human Rights First argued its case that Secretary of Defense Donald Rumsfeld should be held accountable for the torture and abuse of detainees in U.S. military custody.

Today’s hearing marked the first time a federal court has considered whether top U.S. officials can be held legally accountable for the torture scandal in Iraq and Afghanistan.

Background:

The ACLU and Human Rights First filed the lawsuit in March 2005 on behalf of nine innocent civilians who were detained by the United States military in Iraq and Afghanistan. While in U.S. custody, the men were subjected to abuse, torture and other cruel and degrading treatment, including severe and repeated beatings, cutting with knives, sexual humiliation and assault, mock executions, death threats, and restraint in contorted and excruciating positions. All of the men were released without charge.

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