Dear CIA Director Leon Panetta ...

I would simply like to bring to your utmost attention that your internal e-mail boldly declaring that "agency employees who took part in harsh interrogations of terrorism suspects are not in danger of being punished" is in direct contravention of the law of your country.

Read More +/-

Indeed, the Convention Against Torture, which was signed by President Reagan in 1988 and ratified by the U.S. Senate in 1994, explicitly states the following among others (emphasis added):

Article 2

1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.
2. No exceptional circumstances whatsoever, whether a state of war or a threat or war, internal political instability or any other public emergency, may be invoked as a justification of torture.
3. An order from a superior officer or a public authority may not be invoked as a justification of torture.

Article 4

1. Each State Party shall ensure that all acts of torture are offences under its criminal law. The same shall apply to an attempt to commit torture and to an act by any person which constitutes complicity or participation in torture.
2. Each State Party shall make these offences punishable by appropriate penalties which take into account their grave nature.

Article 5

1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences referred to in article 4 in the following cases:
   1. When the offences are committed in any territory under its jurisdiction or on board a ship or aircraft registered in that State;
   2. When the alleged offender is a national of that State;
   3. When the victim was a national of that State if that State considers it appropriate.
2. Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over such offences in cases where the alleged offender is present in any territory under its jurisdiction and it does not extradite him pursuant to article 8 to any of the States mentioned in Paragraph 1 of this article.
3. This Convention does not exclude any criminal jurisdiction exercised in accordance with internal law.

Article 7

1. The State Party in territory under whose jurisdiction a person alleged to have committed any offence referred to in article 4 is found, shall in the cases contemplated in article 5, if it does not extradite him, submit the case to its competent authorities for the purpose of prosecution.
2. These authorities shall take their decision in the same manner as in the case of any ordinary offence of a serious nature under the law of that State. In the cases referred to in article 5, paragraph 2, the standards of evidence required for prosecution and conviction shall in no way be less stringent than those which apply in the cases referred to in article 5, paragraph 1.
3. Any person regarding whom proceedings are brought in connection with any of the offences referred to in article 4 shall be guaranteed fair treatment at all stages of the proceedings.

Article 12

Each State Party shall ensure that its competent authorities proceed to a prompt and impartial investigation, wherever there is reasonable ground to believe that an act of torture has been committee in any territory under its jurisdiction.

Article 15

Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made.

Therefore, it should be obvious to you now, sir, that your aforementioned e-mail declaration not only constitutes implied condoning of torture, but furthermore constitutes a disavowal of the law of your country regarding torture - and consequently A) this makes you directly complicit after the fact of any and all acts of torture performed by CIA agents since 2001 (i.e. under the Bush administration); B) this makes you directly complicit after the fact of the policies of torture sanctioned/approved/encouraged/allowed by the Bush administration; and C) by extension due to the context of your nomination as CIA director by President Obama, this makes the Obama administration directly complicit after the fact (through your own implied condoning) of the policies of torture sanctioned/approved/encouraged/allowed by the Bush administration.

All of which, under the same laws, render you and the Obama administration equally guilty of criminal offence as outlined by said laws against torture.

Are you then saying that you, and therefore the Obama administration, repudiate such laws?

If that is not the case, then I strongly suggest to you, sir, that you seriously reconsider your position ...


(Cross-posted from APOV)