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As it became clear that the US was not pursuing investigations into the role and responsibility of senior government officials linked to torture and the secret detention and rendition programs, several cases were filed abroad, one of which is ongoing. Germany is one of the few states which do not require the presence of the accused on its territory to begin an investigation for war crimes, crimes against humanity, and genocide under the universal jurisdiction principle i.

In the absence of the alleged perpetrator, however, article of the German criminal procedure code gives broad discretion to the federal prosecutor as to whether to open an investigation. Following the complaint, it was reported that Rumsfeld would skip the annual Munich Conference on Security Policy, at which he was traditionally a key speaker. On February 10, a few days before the Munich conference, German Prosecutor General Kay Nehm dismissed the complaint on the ground the US would investigate the matter in its own country.

Nehm stated:. The decision did not discuss whether Rumsfeld, then secretary of defense, enjoyed immunity. The next day, Rumsfeld announced that he would attend the Munich conference. The plaintiffs filed a request to review the decision with the prosecutor as well as with the court. The Higher Regional Court Oberlandesgericht in Stuttgart declared the application for review inadmissible on September 13, In November , several days after Rumsfeld resigned as defense secretary, CCR and ECCHR filed another criminal complaint with the German federal prosecutor on behalf of Guantanamo detainee Mohammed al-Qahtani, whose treatment is described in this report, and11 Iraqis who alleged they had been tortured.

On April 5, , the prosecutor general at the Federal Court of Justice announced she would not proceed with an investigation. The complaint alleged that Rumsfeld had direct and command responsibility for torture in US-run detention facilities in Iraq, Afghanistan, and Guantanamo.

The Paris district prosecutor, Jean-Claude Marin, dismissed the complaint on November 16, , without addressing the torture allegations. The Paris prosecutor dismissed a subsequent request for consideration. Two complaints implicating US officials have been filed in Spain.

One has been temporarily suspended while the other remains in progress. Miller be subpoenaed to explain his role in the alleged torture of four of these detainees. In , Spain weakened its universal jurisdiction laws after several countries whose leaders were subject to complaints, including the US, expressed diplomatic concerns. This pressure continues under the Obama administration. He confirmed that Spain would suspend its proceedings if the US investigated the matters.

It's a matter in the Spanish courts, as I'm given to understand. I don't have a comment for you on it at this time. The Obama administration's position on the matters that are under discussion, I think are quite clear. The cables also reveal US concern in relation to a separate investigation by Spanish judges into the use of a Spanish airport for secret CIA flights reportedly carrying detainees. This report was written by Reed Brody, counsel and spokesperson for Human Rights Watch, based on archival and legal research.

Sections of the report were researched and drafted by John Sifton, consultant. The report was edited by Andrea Prasow, senior counterterrorism counsel; James Ross, legal and policy director; and Danielle Haas, senior editor. Joanne Mariner, formerly terrorism and counterterrorism director, reviewed earlier versions of the report.

Senior Associate Kate Wies contributed to production of the report. In June , Time magazine reported that Durham was looking into the death in Abu Ghraib of Manadel al-Jamadi, an Iraqi prisoner known as "the Iceman" because his body was cooled in ice. Vice Adm. Antonio M. Paul T. George R. James R. Richard P. Army Brig. John Furlow and Air Force Lt. Sanchez and Maj. Taft, IV, legal advisor, to John C. The memorandum can be found in Karen J. Greenberg and Joshua L. Dratel, eds.

Taliban soldiers should have been accorded POW status because they openly fought for the armed forces of a state party to the Convention. Al Qaeda detainees would likely not be accorded POW status but the Conventions and customary law still provide explicit protections to all persons held in an armed conflict. This view is shared by the ICRC and other international observers. There are divergent views between the United States and the ICRC on the procedures which apply on how to determine that the persons detained are not entitled to prisoner of war status.

Press, , rule 90, citing, for example, US Lieber Code, art. Information about these cases is also based on extensive conversations with journalists who have researched the cases and requested information from US military spokespeople in Kabul during The minutes reveal that several abusive interrogation methods under discussion at the meeting and later approved for Guantanamo were known to be already in use in Afghanistan.

Michael V. CIA Director Leon Panetta confirmed that the president's order had been implemented in an April 9, memorandum to all CIA staff that stated unequivocally: "The CIA no longer operates detention facilities or black sites and has proposed a plan to decommission the remaining sites.

Bush, Decision Points , p. According to Soufan, a CIA official told him in April that the aggressive techniques already had gotten approval from the "highest levels" in Washington.

The official even waved a document in front of Soufan, saying the approvals "are coming from [White House counsel Alberto] Gonzales. Bybee, assistant attorney general, to Alberto R. Gonzales, counsel to the president, regarding "Standards for Conduct of Interrogation under 18 U. Bradbury, principal deputy assistant attorney general, to John A. PDF accessed June 25, , p. He was interrogated in a way which a human cannot stand up…We were told that he - they rang the bell that he will die and somebody had to help him.

Solitary confinement is discussed in this report in chapter 8, section II F , and chapter 5 in relation to al-Qahtani, particularly at p. See also Army Brig. After court-martial, the first Marine was given one year of confinement; the second received eight months, and the third soldier 60 days. Many of allegations contained in the report were confirmed in documents released to the ACLU and other organizations pursuant to Freedom of Information Act litigation.

Human Rights Watch also confirmed abuses with veterans and government officials. Lowell E. I received a proposal from the commander in charge of Guantanamo Bay, to permit a series of techniques to be used for interrogation. Norton, ; and Mayer, The Dark Side , p. See also various sworn statements of FBI special agents to Brig.

Prisoners of war who refuse to answer may not be threatened, insulted, or exposed to unpleasant or disadvantageous treatment of any kind. Italics in original. Dratel, ed. Rumsfeld added, however, that "If, in your view, you require additional interrogation techniques for a particular detainee, you should provide me, via the Chairman of the Joint Chiefs of Staff, a written request describing the proposed technique, recommended safeguards, and the rationale for applying it with an identified detainee.

The report also makes this point on p. One motivation for drafting the policy, she later admitted, was that interrogators under her command had come from a variety of other sites, including Guantanamo and Afghanistan, where they had been authorized to use more abusive techniques than allowed under the baseline Army Field Manual, and that interrogators wished to use the more permissive techniques in Iraq.

Sworn Statement of Capt. William Ponce, a more senior intelligence officer, sent out an email to subordinate intelligence units both Capt. The gloves are coming off gentleman regarding these detainees.

Boltz has made it clear that we want these individuals broken. Casualties are mounting and we need to start gathering info to help protect our fellow soldiers from any further attacks. William Ponce, Jr. The Ronald W. Federal law 18 U. See Joseph F. New York: American Bar Association, , p.

United States v. Wells , Appellate Court of Connecticut, No. The overt acts averred and proved may thus mark the duration, as well as the scope of the conspiracy. Thus, for instance, when troops commit massacres and atrocities against the civilian population of occupied territory or against prisoners of war, the responsibility may rest not only with the actual perpetrators but also with the commander. Such a responsibility arises directly when the acts in question have been committed in pursuance of an order of the commander concerned.

The commander is also responsible if he has actual knowledge, or should have knowledge, through reports received by him or through other means, that troops or other persons subject to his control are about to commit or have committed a war crime and he fails to take the necessary and reasonable steps to insure compliance with the law of war or to punish violators thereof.

Near asphyxiation by suffocation is an increasingly common method of torture. It usually leaves no marks and recuperation is rapid. This method of torture was so widely used in Latin America, that its Spanish name "submarino" became part of the human rights vocabulary. Normal respiration might be prevented through methods such as covering the head with plastic bag, closure of the mouth and the nose, pressure or ligature around the neck, or forced aspiration of dusts, cement, hot peppers, etc.

This is also known as "dry submarino. Aspiration of the water into the lungs may lead to pneumonia. It's controlled drowning. Every drop. You start to panic. And as you panic, you start gasping, and as you gasp, your gag reflex is overridden by water. And then you start to choke, and then you start to drown more. Because the water doesn't stop until the interrogator wants to ask you a question. And then for that second, the water will continue, and you'll get a second to puke and spit up everything that you have, and then you'll have an opportunity to determine whether you're willing to continue with the process.

A cloth is placed over the forehead and eyes. Water is then applied to the cloth in a controlled manner. As this is done, the cloth is lowered until it covers both the nose and mouth.

Once the cloth is saturated and completely covers the mouth and nose, airflow is slightly restricted for 20 to 40 seconds due to the presence of the cloth. This increase in the carbon dioxide level stimulates increased effort to breathe. An earlier special rapporteur on torture had condemned the practice in the mids, long pre-dating the Bush administration use of waterboarding. I do believe that it is torture. The new version has been criticized for guidelines in the appendix that could be construed as permitting US interrogators to use sleep deprivation and sensory deprivation techniques on high value detainees.

See Letter from interrogators and defense officials to Robert M. This conclusion is particularly evident where such methods of interrogation are used in combination, which appears to be the standard case. OpenDocument accessed June 27, , para. Under 18 U. Similarly, international humanitarian law prohibits at any time and any place whatsoever any threats to commit violence to the life, health and physical or mental well-being of persons.

It is my opinion that serious and credible threats, including death threats, to the physical integrity of the victim or a third person can amount to cruel, inhuman or degrading treatment or even torture, especially when the victim remains in the hands of law enforcement officials. Rumsfeld, Secretary of Defense, et al.

The US is not a party to the convention. See also, art. GAOR Supp. XIII, adopted by consensus , sec. I adopted by consensus. See also George W. He said it did not fall within the anti-torture act. Check out free battery charging and engine diagnostic testing while you are in store. The problem with the latter is that sulfur acts as a lubricant in the fuel system.

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Two or three. He's a millionaire. My grandfather lived until he was years old. He was a shopkeeper. He had a son and a daughter.

The daughter is my mother. The family lived above -4 Complete the lines with the correct word. My grandfather made the best fish and chips in the area. I met who knows you! There's in my eye! He worked hard, 'Let me look. He didn't retire until he was 78 years old. I cou1dn't find I liked: lID Listen and check. Practise them with a partner. S l1li Listen. There is a word missing in each sentence. Call out what it is. Say the complete sentence.

Join the lines about the grandfather with the. My ptdf. He lived in north of EJ18Iand. Find some examples of these rules in the text. His family lived above shop. Ittmido Some people came by bus to the shop. Read the lines aloud to a partner. Dis U5Sins grammar Work with a partner. We had best time ever. I work at home on my computer. S I do all my shopping on lnternet. Check it 3 Find one mistake in each sentence and correct it. I He's postman, so he has breakfast at 4.

S ' Where are the children? What are they? Where did people in your country eat and drink hundreds of years ago? Look at the pictures and the Fact Files. What's unusual about the three restaurants? Group A Read about Dinner in the Sky.

Group C Read about sBaggers Restaurant. Answer the questions about your restaurant. Is it good? SOm up in the air 6 Are there any problems?

They sit at a huge table w hich hangs from listening a crane fifty metres in the air. It's not a good idea for people who are afraid of heights or for those who don't :5 o g Listen to people who visited the restaurants. The twenty-two Answer these questions after each person. What was good about it? The restaurant opened in Belg ium in , but now has What wasn't so good?

What do they say about the other guests? David Ghysels, the Belgian organizer says, 'We realized that people were bored with going to the same old Ale:u. They wa nted to try something different. The sky's the limit with us! The food is delicious, but most guests don't feel like eating until after a few drinks! Then they also get the courage to look down at the ground w here tiny people are looking up in amazement and waving. What do you think! Dinner in the Sky is very exciting and the food is good, Which would you like to visit?

For example, even in quiet weather conversation is difficult because of the wind. Do yoo eat out? How often? Whafs your favourite resturant? Guests shout to each other across the table. Also, the Do you know any unusual restaurants? Tell the class. You can't go to the until the table descends again.

Difficult for some! But later, back on earth, after a visit to the loa, the guests have a great experience t o talk about. It's a resta urant w it h no Indian Ocean. It haa means 'pearl' in the Maldivian waiters to serve you. You do everyth ing for you rself with la nguage and the guests are like pearls in a glass oyster.

It opened in and is the first automated restaurant in the world. However, 's Baggers credit card and go to sit at is easy to get to. You don't need to be a swimmer or a a big, round table with t hree or four scuba diver, but you do have to wear formal clothes.

You computer screens. The manager, Carl ton 5chieck says, 'We have used You don 't see the chefs. They are in t he kitchen high above aqua rium technology to put diners face-to-face with the you. They're real men, not machines at least not yet. The sh. Our guests are speechless at the colour and beauty food is all freShly cooked and when it is ready it is put in a o f th e underwater world.

They can enjoy the views and pot and sent down a spiral tube where it lands on the ta ble the fine food and not get their feet wet. This gives a new mean ing to fast food! The e views are spectacular. In the crystal-blue sea, a few TVs are connected to the Internet, so if you get bored while etres from your head, there are sharks, sting rays, waiting, you can send and receive ema ils and text messages.

There is also a fabulous coral garden to add to 's Baggers. He decided t hat wa iters were unn ecessary the co lour. The experience is both romantic and mag ical and too expensive. In April it also became a hotel. If you want now has the patent for the idea. And if you want you can pay by direct debit at t he end of However, an underwater building can't last forever. It is the month. And something else that saves money - there thought that it w ill have a life of about twenty years.

Match amounts in A with nouns in B. How many can you make? A I apples bananas bee, I How much are some of these things in your country? I tfliPlK a large f at wflite braad eort! Choose from these places. Write them down. W hat is each line about? I 'No problem. I've got change: 2 'Have you got any in blue? Dr 6 'They're on the fust aisle, over there. Work with a partner.

Turn to page and choose one of the conversations. Learn it by heart and then act it to the class. One day I wont to Right now, I'd like to What do they do? What are their problems? What do you think they Which sentences go with which person. I want to earn some money: 3 'fro thinking of applying for another job with a company in New York.

We're going to Spain this summer: 6 'I enjoy looking after the kids, but 10 love to travel, too: lID Listen and check. What else does each person say? Complete the lines. Who says them? I'd Jove to work there fo r a couple of years.

I'm looking forwa rd to back to work. I like working in New York. I'd like to work in New York. Put the verb work in the correct form. I'd love I enjoy I hope I'm looking forward to Read them aloud.

IDI Listen and check. I hope to go to university. How do the conversations continue? Practise some of them with a partner. Talking about you 4 Ask and answer the questions with a partner. Would you like to have a break now? I'm going to invite aU e I haven't thought about it. Maybe I'll just my fri ends. Perhaps "II go cycling in osta Rica. I'm going to stay with g No, "m not. I'll give you a ring and an old school friend. Debbie is talking to Ella. Choose the correct verb form. A Have you d ecided which university to apply for?

Tal ki ng about you B Really? Will,gomg to and the Present Continuous can all refer to 4 A My bag is really heavy. B Give it to me. I'm going to carry it for you.

Will can express an intention decided at the time of speaking. I'm going to stay with a friend, B I'm going to I I'll make spaghetti bolognese. I'm working late this evening. What's the extra line? Listen to How does it feel to be lO-something? Respond to each one. Think of someone you know in their tv. Tell a partner about them.

What is a something? Elsa, and Dan. Who is happy? Who feels grown-up? Who knows what they want to do in the future? When can we meet? Arrange a time to meet in the next week. Student A Look at your diary on pI5 l. Student B Look at your diary on pi What are you dOing on Monday afternoon? Will you, won't you? S Use the words in A and make sentences wi th I think Match them with a line in B. You won't tail again. Ask and answer the questions with a partner.

S mIl Listen again. After each something, answer the questions. A 1 Why was he shocked by his nephew's question? B I won't go on a diet. When do you think is the best time for children to leave home? I Listen and check. What are the pros and ons for the children?

Do you know where it is? Find Qut about it on the Internet. Discuss with the class. Are the sentences true. Correct the false ones. I Palina was born the same year as the disaster. Why is Palina Iud,,.? What reasons can you find? Who do you think said each one? We hope you'll be happy here. Roleplay Work in groups and think of questions to ask Pahna about her life. In pairs take the roles of Palina and the interviewer. Ask and answer questions, begin like this. Verybody in the village.

It took away all hope forthe future. However, when Palina was born in her parents did their Life in Ireland When Palina met her Irish family, she liked them u immed iately.

John and Fiona Quaid and their two children, Chloe, three, and Evan, six, gave Palina a warm welcome. They were At first the only way to communicate was with a phrase brmers and before the accident, sold meat, fruit, and vegetables book, but soon she became good friends with the children. After the disaster. They visited a The vi llagers were often ill and depressed.

When Pali na was shopping mall and she couldn't believe her eyes, there was eight, experts from the capital, Minsk, ca me to her school and so much to choose from. She only knew her little village shop. The experts told them to stop She missed her family, but couldn't speak to them because picking the mushrooms in the forest because they were badly they didn't have a phone.

When she was ten the experts returned with By the time she went home, Palina could speak a few news of a charity that helped children like her have holidays words of English and was delighted when the Quaids abroad.

They asked Palina if she would like to go to Ireland invited her back for Ch ristmas. After that she started to and stay with a family in limerick. Palina fe lt a bit nervous visit the family twice a year and often spent three months about leaving home and she didn't speak a word of English, with them in summer.

Palina today: 'I'm so lucky! They couldn't believe how healthy she was. Her time in Ireland was improving her health and her English. In her free time Pa lina he lped run the farm.

However, she d idn't want to continue doing this for the rest of her life. She dreamed of becom ing a doctor, but had no money to study. John a nd Fiona understood her problem. Palina was amazed and delighted. It was hard for her parents, but they wanted the best for their daughter.

Pali na is now studying biochemistry at the University of limerick. She hopes to study medicine one day and return to Belarus to help those who are not as lucky as she is. Some phrasal verbs are idiomatic. Some phrasal verbs are literal. Look a l these examples. Complete the sentences with a word from the box. Can you get it? Isn't it beautiful? Take turns to mime one of these phrasaJ verbs. Can you guess what your partner is doing? I'll pkk somet! I'll her while you're out.

I can't find them anywhere. Complete the sentences with one of the phrasal verbs on this page in the correct form. Do you still live in the same house?

I want to read it. IIIiI Listen and check. Ask and answer the questions about you with a partner. Read the questions and the possible answers. She's a paramedic. A - Of course he will. A Is she having a holiday soon?

It's on the 21 st. A So he's a Capricorn. A - Yes. B No, I. I think he's an Aquarius. I'm not sure. They're going to get married next - Definitely not.

June in Hawaii. Are you going to the wedding? A - Definitely! I can't afford it. BIll Listen and compare. Ask everyone in the group fo r - Not a chance.

Underline the answers 2 Is Nicole Kidman American? Do they agree with each other? Pay attentio n to the stress and 4 Is the population of China more than 2 billion? Practise in groups of three.

Choose your 6 Is the weather going to be nice next weekend? Do any of these adjectives describe you? Jenny 55 4 l1li Listen again. Intelligent: 4 We art.