In his memoir, former U.S. president George W. Bush admits that when he was asked if waterboarding should be used against a detainee in U.S. custody, he replied “Damn right.” Despite the admission that he authorized mistreatment of detainees, Bush has not been investigated or held accountable for his actions in the United States -- or by any judicial body elsewhere. Bush has enjoyed global impunity for his role in the torture of detainees held in Guantánamo, Abu Ghraib, Bagram and secret CIA “black sites.”
On September 29, 2011, CCIJ and the US-based Center for Constitutional Rights sent a letter and draft indictment to the Attorney General of Canada calling for the investigation and prosecution of George W. Bush when he visited Surrey, BC on October 20. Despite a follow-up letter, they received no response.
Letter to the Attorney General of Canada calling for prosecution of George W. Bush
Draft indictment for George W. Bush sent to the Attorney General of Canada
As a result, CCIJ Legal Director Matt Eisenbrandt initiated a private prosecution in Provincial Court in Surrey against the former president on behalf of four individuals who allege they were tortured during Bush’s tenure. The four men took this step after the lack of action by the Attorney General. Over 50 human rights groups and prominent individuals signed on in support of the effort.
The four men, Hassan bin Attash, Sami el-Hajj, Muhammed Khan Tumani and Murat Kurnaz, each endured years of inhumane treatment including beatings, chaining to cell walls, being hung from walls or ceilings while handcuffed, lack of access to toilets, sleep, food and water-deprivation, exposure to extreme temperatures, sensory overload and deprivation, and other horrific and illegal treatment while in U.S. custody at military bases in Afghanistan and/or at the detention facility at Guantánamo Bay. While three of the men have since been released without ever facing charges, Hassan Bin Attash still remains in detention at Guantánamo Bay, though he too has not been formally charged with any wrongdoing.
Private Information Received by the Provincial Court
Letter of Support by NGOs and Individuals
Within only hours, CCIJ was notified that the Attorney General of British Columbia had already intervened in the case and stayed the proceedings, effectively shutting down the prosecution. Several days later, CCIJ received a letter confirming the Attorney General's intervention. CCIJ and the Center for Constitutional Rights released a statement condemning the politically motivated action.
Only later – over two weeks after Mr. Bush’s visit – did CCIJ receive a two-sentence letter from the federal Department of Justice, signed by the manager of the Correspondence Unit, acknowledging only that our correspondence had been received.
Media coverage of the George Bush case
Other documents and further information
Guantanamo Psychologists
The CCIJ and the Center for Constitutional Rights (CCR) have also called on the Canadian government to investigate psychologists who may have been involved in abusive interrogations at Guantanamo Bay and elsewhere. Responding to reports that some Guantanamo psychologists would travel to Toronto for a convention of the American Psychological Association, the organizations sent a joint letter to Canada's Minister of Public Safety requesting an investigation into whether any APA members had a role in war crimes or torture.
Specifically, the groups pointed to significant public information concerning retired U.S. Army colonel and psychologist Dr. Larry C. James, who was a high-ranking advisor on interrogations at Guantanamo in the spring of 2003. Dr. James currently serves as the President of the APA's Division 19 for Military Psychology. From January to May 2003, Dr. James was Chief Psychologist of the Joint Intelligence Group and a senior member of the Behavioral Science Consultation Team (BSCT) in Guantanamo. Public documents and Dr. James' own book indicate that he played an influential role in interrogation and detention policy and practices at Guantanamo during a time when detainees were subjected to tactics and conditions that amounted to torture or other forms of cruel, inhuman or degrading treatment. Canadian citizen Omar Khadr is one of the prisoners who has claimed he was treated brutally in the spring of 2003 when Dr. James was stationed at the facility.
The CCIJ and CCR are calling on the Canadian government to to investigate whether action should be taken against Dr. James or others attending the APA conference who may have been involved in abusive interrogations.
Amnesty International-Canada has also issued a letter supporting the CCIJ/CCR call for action.
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Read the CCIJ's press release
Read the CCIJ's letter to Minister Van Loan calling for an investigation
Access the public documents referenced in the CCIJ/CCR letter either through a list of individual documents or in a complete set available on CCR's When Healers Harm website.
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The U.S.-based Center for Justice & Accountability (CJA), on behalf of New York psychologist and professor Dr. Steven Reisner, has also filed a complaint with the New York State Office of Professional Development alleging that Dr. James' predecessor at Guantanamo, Dr. John Francis Leso, violated professional standards of conduct at the prison. Leso led a team of mental health professionals that assisted in the interrogation of prisoners at the time Canadian detainee Omar Khadr was brought to Guantanamo. CJA and the New York Civil Liberties Association have now filed suit in New York state court against the Office of Professional Discipline for its failure to investigate the Leso complaint.
