The German Federal Prosecutor has decided not to start a formal investigation against Rumsfeld and other high ranking Americans regarding the Abu Ghraib torture in answer to the criminal complaint filed last year.
The reason seems to be that it is America's turn first to hold this investigation. That would be Mr. Gonzales investigating, if I understand recent American developments correctly.
If you read the whole press release of the Federal Prosecutor (in German), it is quite clear that this dismissal is only temporary.
If it becomes undisputable at a later date that a serious investigation in America just isn't happening (probably wouldn't be much of a surprise to anyone), the basis for this decision is removed. As the decision (in German) says on page 3, Germany's jurisdiction would be established if America is "unwilling or unable" to investigate.
In contrast, the Federal Prosecutor seems to think that America is "willing" to investigate Rumsfeld. That is placing a lot of trust in the objectivity of the American system. Time will tell if that trust is deserved or not.
And if the Center for Constitutional Rights and the tortured Iraqi citizens happen to feel like it, German procedural law does give them the right to appeal this decision to a court right now.
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Posted by Karl-Friedrich Lenz at February 11, 2005 09:41 PM