Canada Charges Syrian Officer with Torture in Rendition Case

Started by jimmy olsen, September 02, 2015, 08:32:42 PM

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crazy canuck

Quote from: Peter Wiggin on September 03, 2015, 09:45:55 AM
Quote from: crazy canuck on September 03, 2015, 07:54:54 AM
Wrong again.  Torture is illegal under Canadian law.

A Canadian government agent, acting in official capacity on Canadian soil, gets charged with torture by some third world kangaroo court and you just obligingly send him on? Right...

You may have trouble understanding the Rule of Law but it is not so foreign a concept in most places - forgive the pun.

Eddie Teach

Sending mobsters and sending Canadian government agents isn't the same ballpark. You would be all over the state sovereignty yada yada stuff that's keeping the American offenders out of Canadian courts in this case.
To sleep, perchance to dream. But in that sleep of death, what dreams may come?

crazy canuck

Quote from: Peter Wiggin on September 03, 2015, 10:05:57 AM
Sending mobsters and sending Canadian government agents isn't the same ballpark. You would be all over the state sovereignty yada yada stuff that's keeping the American offenders out of Canadian courts in this case.

You missed the part about Canada already paying damages to this man and apologizing.  If a Canadian official broke a law that person would also have been charged.  Also your hypothetical is deeply flawed.  Extradition is normally used when the country of residence will not prosecute.  If a Canadian official engaged in torture that person would be prosecuted in Canada.  If for some reason there was no prosecution in Canada for such a heinous act then certainly there would be considerable political pressure to allow extradition.

You may be forgetting, Canada doesn't engage in torture...

Eddie Teach

Quote from: crazy canuck on September 03, 2015, 10:12:49 AM
If a Canadian official engaged in torture that person would be prosecuted in Canada.

Or investigated and cleared. In Canada.

Point is, while courts and governments are quick to claim jurisdiction for all manner of crimes, they're also pretty zealous to keep jurisdiction away from other courts when their citizens are involved.

Let's leave aside Canada for a moment. Maybe they're as big a pushover as you say(though I doubt it). Rape is illegal in France, yet they won't extradite or prosecute Polanski. There were several prosecutions started of Bush admin officials by various European courts that we basically laughed off. Russia sheltering Snowden when he had nothing to do with them before, etc.
To sleep, perchance to dream. But in that sleep of death, what dreams may come?

crazy canuck

Quote from: Peter Wiggin on September 03, 2015, 10:29:36 AM
Quote from: crazy canuck on September 03, 2015, 10:12:49 AM
If a Canadian official engaged in torture that person would be prosecuted in Canada.

Or investigated and cleared. In Canada.

Point is, while courts and governments are quick to claim jurisdiction for all manner of crimes, they're also pretty zealous to keep jurisdiction away from other courts when their citizens are involved.

Let's leave aside Canada for a moment. Maybe they're as big a pushover as you say(though I doubt it). Rape is illegal in France, yet they won't extradite or prosecute Polanski. There were several prosecutions started of Bush admin officials by various European courts that we basically laughed off. Russia sheltering Snowden when he had nothing to do with them before, etc.

Again you miss the point.  Torture is illegal in Canada.  You suppose a fantasy hypothetical where it is legal or someone in a hypothetical Presidential advisory group of a hypothetical US administration dreams up an excuse for justifying torture.  :P

If Canada is a pushover for not condoning torture then I would rather live in this country then that hypothetical US one.

Regarding the other cases you need to look at the other parts of the test of extradition.  As an example, lots of countries, including Canada, do routinely refuse to extradite to the US because in many cases your criminal laws are not consistent with ours.  Canada generally requires special guarantees that the person will not be subject to the death penalty for example.

The Minsky Moment

Quote from: crazy canuck on September 03, 2015, 10:12:49 AM
You may be forgetting, Canada doesn't engage in torture...

How can you say that with the likes of Bieber, Céline Dion, and Bryan Adams filling the airwaves without restraint or warning?
The purpose of studying economics is not to acquire a set of ready-made answers to economic questions, but to learn how to avoid being deceived by economists.
--Joan Robinson

garbon

Quote from: The Minsky Moment on September 03, 2015, 02:25:16 PM
Quote from: crazy canuck on September 03, 2015, 10:12:49 AM
You may be forgetting, Canada doesn't engage in torture...

How can you say that with the likes of Bieber, Céline Dion, and Bryan Adams filling the airwaves without restraint or warning?

Nickelback!
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Barrister

Quote from: The Minsky Moment on September 03, 2015, 02:25:16 PM
Quote from: crazy canuck on September 03, 2015, 10:12:49 AM
You may be forgetting, Canada doesn't engage in torture...

How can you say that with the likes of Bieber, Céline Dion, and Bryan Adams filling the airwaves without restraint or warning?

What the hell did Bryan Adams do to deserve getting lumped in there with Bieber and Dion?
Posts here are my own private opinions.  I do not speak for my employer.

The Brain

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The Minsky Moment

BTW is article is incorrect to the extent it suggests the US cases failed because of invocation of state secrets or sovereign immunity.  The appeals court found that there was no case pled under the torture statute.  It did not decide either way whether there was a 5th amendment violation because in the absence of specific Congressional authorization of money damages in the rendition context, it wasn't going to extend the judicially created authorization for damages to such cases.  7-4 decision.  Only applies within the territorial limits of NY, Vermont, Connecticut.
The purpose of studying economics is not to acquire a set of ready-made answers to economic questions, but to learn how to avoid being deceived by economists.
--Joan Robinson

viper37

Quote from: Barrister on September 03, 2015, 02:29:34 PM
Quote from: The Minsky Moment on September 03, 2015, 02:25:16 PM
Quote from: crazy canuck on September 03, 2015, 10:12:49 AM
You may be forgetting, Canada doesn't engage in torture...

How can you say that with the likes of Bieber, Céline Dion, and Bryan Adams filling the airwaves without restraint or warning?

What the hell did Bryan Adams do to deserve getting lumped in there with Bieber and Dion?
Dion isn't nearly as annoying as Bieber.  And she has one good song, at least.  Adams too, one or 2 good songs.  Minsky is just showing his anti-canadianism.  APparently, it's Harper's fault if foreigners hate us now :(
:P
I don't do meditation.  I drink alcohol to relax, like normal people.

If Microsoft Excel decided to stop working overnight, the world would practically end.

Eddie Teach

Adams has several good songs, and one great song(Summer of '69).
To sleep, perchance to dream. But in that sleep of death, what dreams may come?

viper37

Quote from: Peter Wiggin on September 05, 2015, 04:27:05 PM
Adams has several good songs, and one great song(Summer of '69).
Summer of 69, Evertyhing I do, There Will Never be Another tonight.
Celine Dion's My Heart Will go On is great, but I can't find any other good song from her.
I don't do meditation.  I drink alcohol to relax, like normal people.

If Microsoft Excel decided to stop working overnight, the world would practically end.

grumbler

Quote from: Peter Wiggin on September 03, 2015, 10:29:36 AM
Rape is illegal in France, yet they won't extradite or prosecute Polanski. 

Are you criticizing the US officials that requested he be extradited?  'Cause that seems to be what you are doing in the Canadian case.
The future is all around us, waiting, in moments of transition, to be born in moments of revelation. No one knows the shape of that future or where it will take us. We know only that it is always born in pain.   -G'Kar

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The Brain

Does Ryan Adams still go nuts when hecklers ask him to play Summer of '69?
Women want me. Men want to be with me.