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For Immediate Release
February, 07 2011, 10:02am EDT
Contact:
CCR Announces Bush Indictment for Convention Against Torture Signatory States
No Immunity for Former Presidents Under Law
GENEVA and NEW YORK
Today, two torture victims were to have filed criminal complaints,
with more than 2,500-pages of supporting material, in Geneva against
former U.S. President George W. Bush, who was due to speak at an event
there on 12 February. Swiss law requires the presence of the torturer
on Swiss soil before a preliminary investigation can be opened. When
Bush cancelled his trip to avoid prosecution, the human rights groups
who prepared the complaints made it public and announced that the Bush
Torture Indictment would be waiting wherever he travels next. The
Indictment serves as the basis on which to prepare country-specific,
plaintiff-specific indictments, with additional evidence and updated
information. According to international law experts at the New
York-based Center for Constitutional Rights (CCR) and the Berlin-based
European Center for Constitutional and Human Rights (ECCHR), former
presidents do not enjoy special immunity under the Convention Against
Torture (CAT).
"Waterboarding is torture, and Bush has admitted, without any sign of remorse, that he approved its use," said Katherine Gallagher, Senior Staff Attorney at CCR and Vice President of the International Federation for Human Rights (FIDH). "The reach of the Convention Against Torture is wide - this
case is prepared and will be waiting for him wherever he travels
next. Torturers - even if they are former presidents of the United
States - must be held to account and prosecuted. Impunity for Bush must end."
While the U.S. has thus far failed to comply with its obligations
under the Convention Against Torture to prosecute and punish those who
commit torture, all other signatories, too, are obligated to prosecute
or extradite for prosecution anyone present in their territory they have
a reasonable basis for believing has committed torture. If the evidence
warrants, as the Bush Torture Indictment contends it does, and the U.S.
fails to request the extradition of Bush and others to face charges of
torture there, CAT signatories must, under law, prosecute them for
torture.
In a statement this weekend, the groups who organized the complaints
said, "Whatever Bush or his hosts say, we have no doubt he cancelled his
trip to avoid our case. The message from civil society is clear - If
you're a torturer, be careful in your travel plans."
The complaints that had been scheduled to be filed on Monday asked
that the General Prosecutor of the Canton of Geneva investigate
allegations that men were tortured as part of the Bush administration's
well-documented torture program. Bush proudly recounted in his recently
published memoir that when asked in 2002 to if it was permissible to
waterboard a detainee - a recognized act of torture - he replied "damn
right."
Monday, February 7, is the ninth anniversary of the day Bush decided the Geneva Conventions did not apply to 'enemy combatants.'
According to the Bush Indictment, which was written on behalf of
torture victims by CCR and ECCHR, former President Bush bears individual
and command responsibility for the acts of his subordinates which he
ordered, authorized, condoned or otherwise aided and abetted, as well as
for the violations committed by his subordinates which he failed to
prevent or punish.
"Bush is a torturer and deserves to be remembered as such," said Gavin Sullivan, Solicitor and Counterterrorism Program Manager, ECCHR.
"He bears ultimate responsibility for authorizing the torture of
thousands of individuals at places like Guantanamo and secret CIA 'black
sites' around the world. As all states are obliged to prosecute such
torturers, Bush has good reason to be very worried."
CCR, ECCHR and FIDH were joined by more than 60 human rights
organizations and prominent individuals who signed on to support the
call for George W. Bush's prosecution, including former UN Special
Rapporteur on Torture, Theo van Boven, former UN Special Rapporteur on
Independence of Judges and Lawyers, Leandro Despouy, and Nobel Peace
Prize recipients Shirin Ebadi and Perez Esquivel. A number of the human
rights organizations which signed on are facing the on-going harms of
the "counterterrorism" policies advanced under the Bush administration
and then adopted or employed in their own countries.. The complaint
included 2500 pages of supporting materials.
Manfred Nowak, former UN Special Rapporteur on Torture (2004-2010),
was to submit an expert opinion on the complaints concluding that the
conduct to which both plaintiffs were subjected constitutes torture,
that Switzerland had an obligation to open a preliminary investigation,
and that George W. Bush enjoys no immunity.
The Bush Torture Indictment, the official "letter of denunciation" summarizing the case and other materials are available here: https://ccrjustice.org/ourcases/current-cases/bush-torture-indictment.
The Center for Constitutional Rights, in addition to filing the first
cases representing men detained at Guantanamo, has filed universal
jurisdiction cases seeking accountability for torture by Bush
administration officials in Germany, France and submitted expert
opinions and other documentation to ongoing cases in Spain in
collaboration with ECCHR. The Center for Constitutional Rights is
dedicated to advancing and protecting the rights guaranteed by the
United States Constitution and the Universal Declaration of Human
Rights. Founded in 1966 by attorneys who represented civil rights
movements in the South, CCR is a non-profit legal and educational
organization committed to the creative use of law as a positive force
for social change. Visit www.ccrjustice.org. Follow @theCCR.
The European Center for Constitutional and Human Rights (ECCHR) is an
independent, non-profit legal organization that enforces human rights by
holding state and non-state actors to account for egregious abuses
through innovative strategic litigation. For more information visit www.ecchr.eu
The International Federation of Human Rights (FIDH) is a
non-governmental federation for 164 human rights organizations. FIDH's
core mandate is to promote respect for all the rights set out in the
Universal Declaration of Human Rights, the International Covenant on
Civil and Political Rights, and the International Covenant on Economic,
Social and Cultural Rights. Its priority areas include protecting human
rights defenders and fighting impunity. For more information on FIDH, see www.fidh.org.
The Center for Constitutional Rights is dedicated to advancing and protecting the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights. CCR is committed to the creative use of law as a positive force for social change.
(212) 614-6464LATEST NEWS
'Brazil Just Succeeded Where America Failed' as Coup-Plotting Ex-Pres Bolsonaro Arrested
Trump ally Jair Bolsonaro was taken into custody over concerns he might attempt to flee the country after he tampered with his ankle monitor.
Nov 22, 2025
Former Brazilian President Jair Bolsonaro, a right-wing ally of US President Donald Trump, was arrested in Brazil early Saturday morning following concerns he might flee the country.
Bolsonaro was under house arrest awaiting the result of his appeal after he was tried and sentenced to 27 years in prison for plotting a coup and the assassination of current Brazilian President Luiz Inácio Lula da Silva and other officials.
“Brazil just succeeded where America failed. Bringing a former president who assaulted democracy to justice,” filmmaker Petra Costa wrote on social media, as The Guardian reported.
Brazilian Supreme Court Justice Alexandre de Moraes ordered the arrest after discovering Bolsonaro's ankle monitor had been tampered with at 12:08 am local time Saturday. Bolsonaro's lawyers said that this was not the case, but Bolsonaro later admitted to taking a soldering iron to the device "out of curiosity" in a video released by the Supreme Court.
"This isn't curiosity, it's a crime," said State Deputy to the Legislative Assembly of Rio de Janeiro Renata da Silva Souza, on social media. "Bolsonaro is not a victim: He is convicted, ineligible, and is IMPRISONED. Turning this absurdity into a justification is a mockery of Brazilian democracy."
The ex-president's arrest also came the same day that his son Flávio Bolsonaro had planned a protest outside the Brasilia condo where Bolsonaro has been living.
De Moraes said Bolsonaro's tampering with his monitor fed his suspicions that he would attempt to flee the country in “the confusion that would be caused by a demonstration organized by his son," according to The Associated Press.
“He is located about 13 kilometers (8 miles) away from where the United States of America embassy lies, in a distance that can be covered in a 15-minute drive," de Moraes added.
Trump, who has sanctioned de Moraes and supports Bolsonaro, reacted to news of the arrest by saying it was "too bad."
Bolsonaro was arrested around 6:00 am local time and is now detained in an approximately 130-square-foot room in the federal police headquarters in Brasilia, according to Reuters. The entire five-judge panel that originally sentenced Bolsonaro will review his detention on Monday.
Institutional Relations Minister Gleisi Hoffmann was the highest-ranking member of the current government to comment on the detention, according to Reuters.
Hoffmann wrote on social media:
The pretrial detention of Jair Bolsonaro strictly follows the rites of due process of law, overseen by the Federal Supreme Court and the Attorney General's Office in each stage of the criminal action against the attempted coup d'état in Brazil. The decision by Minister Alexandre de Moraes is grounded in the real risks of flight by the leader of the coup organization, as well as the imminent finality of his conviction for the serving of his sentence. It also rightly takes into account the background of a process marked by violent attempts to coerce the Judiciary, such as the tarifaço and the Magnitsky sanctions. In a democracy, justice must be upheld.
Ordinary Brazilians also celebrated the news of Bolsonaro's arrest, with some uncorking champagne bottles outside police headquarters.
"The message to Brazil, and to the world, is that crime doesn’t pay," Reimont Otoni, a Workers’ Party congressman, said.
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Climate Talks End With 'Empty Deal' That Fails on Forests, Finance, and Fossil Fuels
"COP30 provides a stark reminder that the answers to the climate crisis do not lie inside the climate talks—they lie with the people and movements leading the way toward a just, equitable, fossil-free future," one campaigner said.
Nov 22, 2025
The United Nations Climate Change Conference, or COP30, concluded on Saturday in Belém, Brazil with a deal that does not even include the words "fossil fuels"—the burning of which scientists agree is the primary cause of the climate crisis.
Environmental and human rights advocates expressed disappointment in the final Global Mutirão decision, which they say failed to deliver road maps to transition away from oil, gas, and coal and to halt deforestation—another important driver of the rise in global temperatures since the preindustrial era.
“This is an empty deal," said Nikki Reisch, the Center for International Environmental Law's (CIEL) director of climate and energy program. "COP30 provides a stark reminder that the answers to the climate crisis do not lie inside the climate talks—they lie with the people and movements leading the way toward a just, equitable, fossil-free future. The science is settled and the law is clear: We must keep fossil fuels in the ground and make polluters pay."
COP30 was notable in that it was the first international climate conference to which the US did not send a formal delegation, following President Donald Trump's decision to withdraw the US from the Paris Agreement. Yet, even without a Trump administration presence, observers were disappointed in the power of fossil fuel-producing countries to derail ambition. The final document also failed to heed the warning of a fire that broke out in the final days of the talks, which many saw as a symbol for the rapid heating of the Earth.
“Rich polluting countries that caused this crisis have blocked the breakthrough that we needed at COP30."
“The venue bursting into flames couldn’t be a more apt metaphor for COP30’s catastrophic failure to take concrete action to implement a funded and fair fossil fuel phaseout,” said Jean Su, energy justice director at the Center for Biological Diversity, in a statement. “Even without the Trump administration there to bully and cajole, petrostates once again shut down meaningful progress at this COP. These negotiations keep hitting a wall because wealthy nations profiting off polluting fossil fuels fail to offer the needed financial support to developing countries and any meaningful commitment to move first.”
The talks on a final deal nearly broke down between Friday and Saturday as a coalition of more than 80 countries who favored more ambitious language faced off against fossil fuel-producing nations like Saudi Arabia, Russia, and India.
During the dispute, Colombia's delegate said the deal "falls far short of reflecting the magnitude of the challenges that parties—especially the most vulnerable—are confronting on the ground," according to BBC News.
Finally, a deal was struck around 1:35 pm local time, The Guardian reported. The deal circumvented the fossil fuel debate by affirming the "United Arab Emirates Consensus," referring to when nations agreed to transition away from fossil fuels at COP28 in the UAE. In addition, COP President André Corrêa do Lago said that stronger language on the fossil fuel transition could be negotiated at an interim COP in six months.
On deforestation, the deal similarly restated the COP26 pledge to halt tree felling by 2030 without making any new plans or commitments.
Climate justice advocates were also disappointed in the finance commitments from Global North to Global South countries. While wealthier countries pledged to triple adaptation funds to $120 billion per year, many saw the amount as insufficient, and the funds were promised by 2035, not 2030 as poorer countries had wanted.
"We must reflect on what was possible, and what is now missing: the road maps to end forest destruction, and fossil fuels, and an ongoing lack of finance," Greenpeace Brazil executive director Carolina Pasquali told The Guardian. "More than 80 countries supported a transition away from fossil fuels, but they were blocked from agreeing on this change by countries that refused to support this necessary and urgent step. More than 90 countries supported improved protection of forests. That too did not make it into the final agreement. Unfortunately, the text failed to deliver the scale of change needed.”
Climate campaigners did see hope in the final agreement's strong language on human rights and its commitment to a just transition through the Belém Action Mechanism, which aims to coordinate global cooperation toward protecting workers and shifting to clean energy.
“It’s a big win to have the Belém Action Mechanism established with the strongest-ever COP language around Indigenous and worker rights and biodiversity protection,” Su said. “The BAM agreement is in stark contrast to this COP’s total flameout on implementing a funded and fair fossil fuel phaseout.”
Oxfam Brasil executive director Viviana Santiago struck a similar note, saying: “COP30 offered a spark of hope but far more heartbreak, as the ambition of global leaders continues to fall short of what is needed for a livable planet. People from the Global South arrived in Belém with hope, seeking real progress on adaptation and finance, but rich nations refused to provide crucial adaptation finance. This failure leaves the communities at the frontlines of the climate crisis exposed to the worst impacts and with few options for their survival."
"The climate movement will be leaving Belém angry at the lack of progress, but with a clear plan to channel that anger into action."
Romain Ioualalen, global policy lead at Oil Change International, said: “Rich polluting countries that caused this crisis have blocked the breakthrough that we needed at COP30. The EU, UK, Australia, and other wealthy nations are to blame for COP’s failure to adopt a road map on fossil fuels by refusing to commit to phase out first or put real public money on the table for the crisis they have caused. Still, amid this flawed outcome, there are glimmers of real progress. The Belém Action Mechanism is a major win made possible by movements and Global South countries that puts people’s needs and rights at the center of climate action."
Indigenous leaders applauded language that recognized their land rights and traditional knowledge as climate solutions and recognized people of African descent for the first time. However, they still argued the COP process could do more to enable the full participation of Indigenous communities.
"Despite being referred to as an Indigenous COP and despite the historic achievement in the Just Transition Programme, it became clear that Indigenous Peoples continue to be excluded from the negotiations, and in many cases, we were not given the floor in negotiation rooms. Nor have most of our proposals been incorporated," said Emil Gualinga of the Kichwa Peoples of Sarayaku, Ecuador. "The militarization of the COP shows that Indigenous Peoples are viewed as threats, and the same happens in our territories: Militarization occurs when Indigenous Peoples defend their rights in the face of oil, mining, and other extractive projects."
Many campaigners saw hope in the alliances that emerged beyond the purview of the official UN Framework Convention on Climate Change (UNFCCC) process, from a group of 24 countries who have agreed to collaborate on a plan to transition off fossil fuels in line with the Paris goals of limiting temperature increases to 1.5°C to the Indigenous and civil society activists who marched against fossil fuels in Belém.
“The barricade that rich countries built against progress and justice in the COP30 process stands in stark contrast to the momentum building outside the climate talks," Ioualalen said. "Countries and people from around the world loudly are demanding a fair and funded phaseout, and that is not going to stop. We didn’t win the full justice outcome we need in Belém, but we have new arenas to keep fighting."
In April 2026, Colombia and the Netherlands will cohost the First International Conference on Fossil Fuel Phaseout. At the same time, 18 countries have signed on in support of a treaty to phase out fossil fuels.
"However big polluters may try to insulate themselves from responsibility or edit out the science, it does not place them above the law," Reisch said. "That’s why governments committed to tackling the crisis at its source are uniting to move forward outside the UNFCCC—under the leadership of Colombia and Pacific Island states—to phase out fossil fuels rapidly, equitably, and in line with 1.5°C. The international conference on fossil fuel phaseout in Colombia next April is the first stop on the path to a livable future. A Fossil Fuel Treaty is the road map the world needs and leaders failed to deliver in Belém.”
These efforts must contend with the influence not only of fossil fuel-producing nations, but also the fossil fuel industry itself, which sent a record 1,602 lobbyists to COP30.
“COP30 witnessed a record number of lobbyists from the fossil fuel industry and carbon capture sector," said CIEL fossil economy director Lili Fuhr. "With 531 Carbon Capture and Storage (CCS) lobbyists—surpassing the delegations of 62 nations—and over 1,600 fossil fuel lobbyists making up 1 in every 25 attendees, these industries deeply infiltrated the talks, pushing dangerous distractions like CCS and geoengineering. Yet, this unprecedented corporate capture has met fiercer resistance than ever with people and progressive governments—with science and law on their side—demanding a climate process that protects people and planet over profit."
Indeed, Jamie Henn of Make Polluters Pay told Common Dreams that the polluting nations and industries overplayed their hand, arguing that Big Oil and "petro states, including the United States, did their best to kill progress at COP30, stripping the final agreement of any mention of fossil fuels. But their opposition may have backfired: More countries than ever are now committed to pursuing a phaseout road map and this April's conference in Colombia on a potential 'Fossil Fuel Treaty' has been thrust into the spotlight, with support from Brazil, the European Union, and others."
Henn continued: "The COP negotiations are a consensus process, which means it's nearly impossible to get strong language on fossil fuels past blockers like Saudi Arabia, Russia, and the US, who skipped these talks, but clearly opposed any meaningful action. But you can't block reality: The transition from fossils to clean energy is accelerating every day."
"From Indigenous protests to the thunderous rain on the roof of the conference every afternoon, this COP in the heart of the Amazon was forced to confront realities that these negotiations so often try to ignore," he concluded. "I think the climate movement will be leaving Belém angry at the lack of progress, but with a clear plan to channel that anger into action. Climate has always been a fight against fossil fuels, and that battle is now fully underway."
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Alito Temporarily Reinstates Texas' Trump-Requested Redrawn Maps
Alito's order came in response to a ruling from a federal court in Texas on Tuesday, which blocked the new congressional maps on the basis that they were "racially gerrymandered."
Nov 22, 2025
Supreme Court Justice Samuel Alito on Friday temporarily restored a controversial Trump-backed Texas redistricting plan that could grant Republicans an extra five seats in the House of Representatives.
Alito's order came in response to a ruling from a federal court in Texas on Tuesday, which blocked the redrawn congressional maps on the basis that they were "racially gerrymandered."
"It is ordered that the November 18, 2025 order of the United States District Court for the Western District of Texas, case No. 3:21-cv-259 is hereby administratively stayed pending further order of the undersigned or of the Court," Alito wrote around one hour after Texas appealed the district court's ruling.
Alito was the justice to issue the stay because he handles emergency requests from the Fifth Circuit, which includes Texas.
"Well, the Supreme Court fucked us yet again."
Friday's ruling is not the final say on the fate of Texas' new maps, but allows the state to continue preparations for the 2026 midterm elections under the redistricting while the full Supreme Court considers the case. Texas has asked for a ruling by December 1, one week before the December 8 filling deadline for congressional races. The state is set to hold primary elections in March.
Alito has asked the civil rights organizations fighting to block the maps for more materials by Monday, November 24—a sign, according to Politico, that he planned to put the case "on a fast-track."
Texas was the first state to heed President Donald Trump's request to redraw its maps in order to give Republicans an advantage in the 2026 midterm elections and attempt to prevent the Democrats from retaking the House. In response, Missouri and North Carolina also redrew their maps to give the GOP one extra seat each. However, California voters then retaliated by approving a proposition to redistrict in a way that would see an additional five Democrats elected. All of these plans now face legal challenges.
As the fight for control of the House continues through maps and courts, Texas Democratic activists haven't given up on voters.
"Well, the Supreme Court fucked us yet again," said Allison Campolo, who chairs the Democratic Party of Tarrant County, Texas, on social media Friday, "but—We in Texas know the cavalry doesn't come for us. We save ourselves."
"100 people came out to our party headquarters tonight and we were absolutely PACKED with candidates running for every seat and bench from the top to the bottom of the ticket," Campolo continued. "Texas Democrats are here to save our county, our state, and our country. We'll be seeing you at the polls."
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