John Dean:How a democratic gov should deal with torture that occurred under rule of an authoritarian

[kpete]

How a democratic government should deal with torture that had occurred under the rule of an authoritarian:

The Case for Prosecuting and Punishing the Use of Torture

Based on Huntington's analysis, which is applicable to our country as well as to a newly-established democracy, there are a number of arguments for holding a prior administration accountable for torture through prosecutions and punishments:

(1) "Truth and justice require it." The Obama Administration "has the moral duty to punish vicious crimes against humanity.

(2) "Prosecution is a moral obligation owed to the victims and their families."

(3) "Democracy is based on law, and the point must be made that neither high officials nor military … are above the law." Citing a judge who was critical of a government amnesty proposal, Huntington added: "Democracy isn't just freedom of opinion, the right to hold elections, and so forth. It's the rule of law. Without equal application of the law, democracy is dead. The government is acting like a husband whose wife is cheating on him. He knows it, everybody knows it, but he goes on insisting that everything is fine and praying every day that he isn't going to be forced to confront the truth, because then he'd have to do something about it."

(4) "Prosecution is necessary to deter further violations of human rights by officials."

(5) "Prosecution is essential to establish the viability of the democratic system." If the Republicans and Bush/Cheney apologists can prevent prosecution though political influence, democracy does not really exist.

(6) Even if the worst "crimes are not prosecuted, at a very minimum it is necessary to bring into the open the extent of the crimes and the identity of those responsible and thus establish a full and unchallengeable public record. The principle of accountability is essential to democracy, and accountability requires 'exposing the truth' and insisting 'that people not be scarified for the greater good…'."

more:
http://writ.news.findlaw.com/dean/20090612.html

[indepat]

1. Would not the failure to prosecute tacitly legitimize and further encourage such actions?

:shrug:

[Senator]

3. Yes, non-prosecution is de facto legalization.

Moreover, it can http://www.reuters.com/article/politicsNews/idUSTRE53H1Y020090418">be a war crime in itself.

Obama continues to drive the Torture Getaway Car.

--

[truedelphi]

2. Where does John Dean suggest that we find this

Democratic government?

:shrug:

I think I used to know of one, but the oligarchy it has become leaves me too disturbed these days.

[Solly Mack]

4. K&R

If a President and his cabinet can commit war crimes and get away with it there is no democracy...no government of the people/by the people/for the people...there is no justice system that reflects the values of equality or due process...there is, however, a corrupt and diseased system of oppression when the prevailing claim is that the country will be harmed by upholding the law and its foundational Constitution.


If no one is above the law...prove it.

[Senator]

5. K&R