Baltasar Garzón is bringing the case based on 'universal jurisdiction,' in which serious crimes can be tried outside national borders.
Spanish investigative judge Baltasar Garzón, known in international legal circles for his efforts to extradite Chilean dictator Augusto Pinochet, said Tuesday that he will open a preliminary investigation into the creation of the Guantánamo camp.
If followed through, the investigation could bring out in a European court many of the materials already uncovered in the United States – through congressional committee hearings, recently declassified CIA memos, and media outlets – on the sanctioning of extreme methods of interrogation that have widely been called "torture."
Judge Garzón, known as "the superjudge" in Spain for his high-profile indictments, appears to be focused less on those in the US who carried out extreme measures, and more on the conceptual legal "framers" of then-secret memos that enabled the interrogations.
The scope of Garzón's filing includes "any of those that executed and/or designed a systematic plan of torture or cruel, inhuman, and degrading treatment of the prisoners [at Guantánamo] that were under their custody."
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