August 17, 2009
Attorney General Eric Holder, Jr.
US Department of Justice
950 Pennsylvania Ave.
Washington, DC 20530-001
Dear Mr. Attorney General:
This letter is a follow-up to a letter sent to you on July 11 (attached) on behalf of the Washington State Religious Campaign Against Torture, an affiliate of the National Religious Campaign Against Torture. In that letter we urgently asked that you establish "a Special Counsel in order to initiate a criminal investigation into all violations of federal law since 2001 related to torture and cruel, inhuman and degrading treatment of prisoners in the 'war on terror,' including the wars in Afghanistan and Iraq."
From news reports, we understand that you are considering a criminal investigation but that the scope of the inquiry will be limited only to those individuals who committed criminal acts by exceeding the authorizations and guidelines provided to them. According to these reports, the authorizations and guidelines themselves will be excluded from such an investigation.
We would be greatly disappointed if these reports are correct.
We believe there is more than ample evidence that national and international laws against torture and cruel, inhuman and degrading treatment have been broken, that torture has been committed as a matter of policy, and that it was committed with the knowledge, support, and indeed the authorization of the highest levels of our government.
We respectfully submit that your primary obligation is to investigate whether unlawful acts of torture were facilitated, authorized and implemented at the highest levels of the government of the United States.
The War Crimes Act, 18 U.S.C., 2441, provides for jurisdiction in the courts for acts or conspiracy to commit acts of torture and cruel or inhuman treatment. The federal anti-torture statute, 18 U.S.C., 2341A, also creates jurisdiction in U.S. courts.
Moreover, both the Geneva Conventions and the Convention Against Torture
OBLIGATE such an investigation, and if evidence warrants, prosecution.
Thus, we write again to ask that you appoint a Special Counsel to investigate the FULL extent of the unlawful torture program that was established by officials of the United States government.
The health of the republic rests upon holding accountable ALL government officials who intentionally violate the law. The laws against torture are among the most important laws we have. They are essential to our identity as a democratic nation. The Founders considered the issue to be so crucial that they enshrined the prohibition in the 8th Amendment.
We expect the Justice Department to fulfill its statutory obligations to investigate violations of law. We fear that if these obligations are not met a culture of impunity among the nation's political leaders and other public servants will be the inevitable result. We believe that it is your solemn responsibility to see that the crime of torture, surely one of the most egregious crimes against humanity, is resolutely investigated and prosecuted, however far-reaching the commission of the crime.
No one is above the law.
Sincerely,
Robert Crawford, facilitator
Washington State Religious Campaign Against Torture
cc: Senator Harry Reid, Representatives Nancy Pelosi, John Conyers, Senator Patty Murray, Senator Maria Cantwell
Robert Crawford, Facilitator, 17904 Westside Hwy, SW, Vashon, WA 98070
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