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Germany's Code of Crimes against International Law is equally strict in its treatment of torture. Under the statute, as under similar statutes in other European countries, torture is considered an international crime which can be prosecuted even if it is committed in another country. Citing this so-called principle of "universal jurisdiction," Spanish prosecutor Baltasar Garzón has now sought the prosecution on criminal charges of six former US officials who are allegedly behind the torture scandal

The notion that international treaties, and European positions on human rights, could impose limits on national sovereignty, or that a foreign power or non-American values exist that could question what happens in the United States does not fit into this system. "We don't have the same moral and legal framework as the rest of the world, and never have. If you told the framers of the Constitution that what we're after is to, you know, do something that will be just like Europe, they would have been appalled." These are the words of Supreme Court Justice Antonin Scalia, who was involved in the decision on whether to close the torture facility at Guantanamo.

This is both a benefit and a drawback of any democratic country: Elected officials change, but the state remains the same. Unlike a change of power in a dictatorship, when the injustices committed by a previous dictator can be dealt with at one go, in a democracy a newly elected leader has to tread carefully when it comes to the legal opinions of his predecessor.

Barack Obama today released four top secret memos that allowed the CIA under the Bush administration to torture al-Qaida and other suspects held at Guantánamo and secret detention centres round the world.

in an accompanying statement, Obama ruled out prosecutions against those who had been involved. It is a "time for reflection, not retribution," he said.

The techniques were applied to at least 14 suspects.