Demand real accountability for torture, beyond Holder’s limited ‘preliminary inquiry’

Over the past several months, BORDC supporters have repeatedly raised their voices to call for the appointment of a special prosecutor to investigate allegations of torture and prosecute all officials involved. BORDC launched an email campaign in April, and, on behalf of thousands of concerned Americans who signed them, submitted a series of letters in June to Attorney General Eric Holder and Senate Intelligence and Judiciary Committees demanding accountability. This Monday, Holder responded to these and other efforts by announcing the appointment of special prosecutor John Durham to investigate torture of detainees while in U.S. custody.

While BORDC is pleased that Attorney General Holder has heeded calls for accountability, we are disappointed in the artificially narrow scope of the investigation. Durham will selectively investigate fewer than a dozen cases among many more potential violations, and will examine the actions of only CIA interrogators, not senior officials who authorized torture policies. A limited inquiry that includes only scapegoats—effectively providing immunity for senior officials who bear the greatest responsibility—is simply not enough. In fact, by conferring false legitimacy on officially approved techniques, a limited investigation could be worse than none at all. Justice demands a full investigation, not this limited “preliminary” inquiry.

If the Obama administration will not hold those who authorized torture accountable, private citizens must take action. That is why, in addition to demanding a formal investigation and potential prosecution, BORDC is also supporting ethics complaints in state bar associations around the country seeking the disbarment of government lawyers who provided legal arguments in support of torture—including John Yoo, William Haynes, David Addington, and others. Sign a letter demanding a robust investigation by state bar associations today, and check back in the coming weeks; letters to more state bar associations are coming soon.

America’s reputation abroad; the safety and human rights of our soldiers, civilian contractors, and others; our credibility as an international human rights leader; and the legitimacy of our own criminal justice system all depend on keeping our commitments to the Geneva Conventions and United Nations Convention Against Torture, which require prosecution of all those responsible for torture as a matter of law.

To help restore the rule of law, please consider supporting BORDC’s work with either time or resources. Join us in demanding that no one, not even senior U.S. officials, enjoy immunity from investigation and potential prosecution for enabling torture.

Sincerely,

Shahid Buttar
Executive Director
Bill of Rights Defense Committee