[Vision2020] 05-11-04 Washington Post: Mistreatment Of Detainees Went Beyond Guards' Abuse

Tue, 11 May 2004 06:35:49 -0700

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 washingtonpost.com
Mistreatment Of Detainees Went Beyond Guards' Abuse
Ex-Prisoners, Red Cross Cite Flawed Arrests, Denial of Rights

By Rajiv Chandrasekaran and Scott Wilson
Washington Post Foreign Service
Tuesday, May 11, 2004; Page A01

BAGHDAD, May 10 -- Problems in the U.S.-run detention system in Iraq extended
beyond physical mistreatment in prison cellblocks, involving thousands of
arrests without evidence of wrongdoing and abuse of suspects starting from the
moment of detention, according to former prisoners, Iraqi lawyers, human rights
advocates and the International Committee for the Red Cross.

U.S.-led forces routinely rounded up Iraqis and then denied or restricted their
rights under the Geneva Conventions during months of confinement, including
rights to legal representation and family visits, the sources said.

In a report in February, the Red Cross stated that some military intelligence
officers estimated that 70 percent to 90 percent of "the persons deprived of
their liberty in Iraq had been arrested by mistake." Of the 43,000 Iraqis who
have been imprisoned at some point during the occupation, only about 600 have
been referred to Iraqi authorities for prosecution, according to U.S. officials.

The Red Cross study, posted Monday on the Wall Street Journal's Web site,
concludes that the arrest and detention practices employed by U.S.-led forces in
Iraq "are prohibited under International Humanitarian Law."

Now, facing international outcry over photographs of prisoner abuse less than
two months before the planned handover of sovereignty to an interim Iraqi
government on June 30, U.S. officials plan to dramatically reduce the number of
Iraqis in military custody, from more than 8,000 to fewer than 2,000, according
to people with knowledge of the issue. The release will send legions of
prisoners, many of them angry and hardened by their incarceration, home to Sunni
Muslim-dominated parts of north-central Iraq where resistance to the U.S.
occupation has been fiercest.

American detention tactics have turned Iraqis such as Satae Qusay, a kebab chef,
against an occupation they once supported. Qusay said he was arrested in June
while visiting the house of his brother, a former low-ranking Baath Party
official, and did not see an attorney during his subsequent three-month
detention in a fog-bound prison camp in the southern city of Umm Qasr. There, he
said, he was forced to endure a shower of soldiers' tobacco juice, eat food off
a dirty floor and urinate on himself when he was prohibited from using
bathrooms.

"They freed us from an oppressor," said Qusay, 40. "But now I think they came to
laugh at us."

Prisoners and relatives of detainees interviewed for this article produced
prison release papers, Red Cross visitation documents or identification
bracelets as evidence of incarceration over the past year. The descriptions of
abuse during arrest or imprisonment could not be independently verified.

The focus on abuse inside the Abu Ghraib prison and other U.S.-run detention
facilities has obscured broader problems that began well before Iraqis arrived
at the facilities, according to lawyers and rights advocates.

Excessive Force

The 24-page Red Cross report describes a pattern of excessive force used by U.S.
soldiers during raids at homes or businesses, frequently occurring after
midnight. The Red Cross wrote that "ill-treatment during capture was frequent"
and that it often included "pushing people around, insulting, taking aim with
rifles, punching and kicking and striking with rifles."

Such tactics, which "seemed to reflect a usual modus operandi," the Red Cross
report says, "appeared to go beyond the reasonable, legitimate and proportional
use of force required to apprehend suspects or restrain persons resisting arrest
or capture."

Most of the time, according to an assertion contained in the report and
corroborated by former prisoners, U.S. soldiers arrested all the men found in a
suspect's house. Most of those detained, judging by a sample of prisoners and
their descriptions of fellow inmates, have been young to middle-aged men from
Baghdad and the Sunni Triangle, the area north and west of the capital that is
the heart of the anti-occupation resistance.

Ahmed Moeff Khatab, a 32-year-old plumber, said he was getting a shave in his
local barbershop in Baghdad's Adhamiya neighborhood on Nov. 11 when a group of
soldiers in U.S. military uniforms entered carrying AK-47s. Red-and-white
scarves covered their faces, he said.

"They pulled me from the shop and put me in a Nissan pickup," said Khatab, who
said the men spoke English and accused him of being a member of former president
Saddam Hussein's paramilitary forces. "They threw me face down, then blindfolded
me and handcuffed me."

He said he did not know where he was taken because the soldiers did not remove
his blindfold. They started beating him with pipes, he said, starting on his
legs and back, then moving to his head.

"I was bleeding from my mouth and my ears," he said. "I fainted. When I woke up
I was in a dog's cage" set in a courtyard of a local military base.

Naked in a Cage

Khatab said he was left naked in the cage for several days, receiving only scant
food and water, until the soldiers hung him from a tree by his cuffed hands.
"They told me they would bring my wife and hang her next to me," he said.

According to his release papers, Khatab was taken to Abu Ghraib, where he was
held for four months before being released without an explanation. His two
brothers are still in the prison, he said.

When U.S. forces rolled into Iraq in March 2003, there were few plans in place
for dealing with the long-term detention of Iraqis, according to U.S. officials.
Military trucks hauled coils of razor wire, which were used to create makeshift
holding pens and jails on American bases.

The following month, after Hussein's government fell and Iraqi security forces
effectively dissolved, U.S. troops found themselves responsible for detaining
common criminals as well as senior members of Hussein's government. American
detention centers, particularly a tent camp at Baghdad's airport, filled with
looters, carjackers and thieves.

"The Iraqi system was totally destroyed," said New Jersey Superior Court Judge
Donald F. Campbell, who served as the occupation authority's senior adviser to
Iraq's Justice Ministry from April to September. "There were virtually no cells
to hold Iraqis within their system when we arrived."

As guerrilla assaults on U.S. forces increased last summer, the U.S.-run jails
were further swollen by Iraqis suspected of conducting or aiding attacks. By the
early fall, there were thousands of these security detainees in U.S. custody.

They were held under the fourth Geneva Convention, which allows an occupying
power, "for imperative reasons of security," to intern people deemed a risk to
national stability. Unlike ordinary criminals, who are supposed to face trial in
an Iraqi court, security detainees have generally not been granted access to
attorneys. Instead, their continued detention is subject to the determination of
a special panel composed of representatives of the U.S. military command's judge
advocate general's office and the CIA, according to a person familiar with the
process.

Under the Geneva Convention, detainees have the right to appeal and their
detention should be reviewed every six months, but it is not known whether such
practices were followed; U.S. military officials have not commented on the
decision-making process, which occurs in secret.

"The system is not fair at all," said Malik Dohan, the president of the Iraqi
Bar Association. "Aside from the question of torture, people are being held for
long periods of time without having their cases reviewed by a court."

Although anguished relatives of security detainees often hire lawyers in the
hope of obtaining a release, the lawyers have little recourse. "I have no
solution," said Rajaa Shemari, an attorney for 13 security detainees. "Nobody
knows the procedure. The lawyer has no role in these cases."

'A Secret Court'

The occupation authority set up a special court, the Central Criminal Court of
Iraq, in July to try some of the security detainees. But the court has moved
slowly, completing only 87 investigations so far, according to a Defense
Department report.

The court itself, located in a building that used to be a museum of Hussein's
memorabilia, is closed to the public. A reporter who tried to enter was turned
away twice by guards. "You cannot go in," one guard said. "Only lawyers and
witnesses are permitted."

"This is just like the days of Saddam," said Khalid Saadi Awad, who wanted to
enter the building to see whether his cousin was on trial. "The Americans have
established a secret court."

Daniel Senor, a spokesman for the occupation authority, said the court is
supposed to be open and attributed the closure to "an overzealous Iraqi security
team." On most days, he said, "trials are open to the public for full viewing."

Shemari and other lawyers said they also faced difficulties in handling the
cases of suspected criminals. Although Iraqi judges are supposed to adjudicate
their cases, coordination problems between Iraqi courts and American-run
prisons -- the former tracks prisoners by name and the latter by number -- mean
that many detainees are never brought before a judge, the lawyers said.

"Where's the justice here?" said Nabil Abadi, an attorney for two non-security
detainees. "The simplest right of a prisoner is to have a lawyer and to be
brought before a judge. The Americans don't even allow this."

Human rights advocates here said the U.S. military and occupation authority took
important steps in November to improve the system by opening neighborhood
centers where families could get basic information about detained relatives.

But the idea lost much of its impact because U.S. officials failed to advertise
the location of the centers, nine of which are open in Baghdad today. In
addition, human rights workers say, U.S. officials faced a number of
difficulties arising from language barriers that kept families from finding out
the status of detained relatives, many of whom had simply disappeared.

Hania Mufti, an investigator for Human Rights Watch, said U.S. officials posted
the names of detainees in English, so few families were able to read them.
Furthermore, she said, rendering Arabic names into English led to many spelling
inconsistencies that prevented families from locating sons and husbands on
lists.

Visitation Rights Denied

The result, according to the Red Cross report, was that many prisoners were
denied visitation rights. "The uncaring behavior of the CF [coalition forces]
and their inability to quickly provide accurate information on persons deprived
of their liberty for the families concerned seriously affects the image of the
Occupying Powers among the Iraqi population," the report concludes.

Khulud Abdulwahab, 56, watched last August as U.S. troops hauled away her son
and two nephews from their home in the town of Khalis in the Sunni Triangle. A
former soldier in the Iraqi army, Harith, her son, was picked up based on
information provided by a paid informer who told soldiers he was a member of the
resistance.

Convinced of her son's innocence, Abdulwahab quit her job as an elementary
school mathematics teacher to devote herself full time to securing his release.
In April, she said, she believed she had nearly done so.

After petitioning the local Army base for help, Abdulwahab received a letter
from the unit that arrested him stating that the men were wrongly accused.
Written on Department of the Army stationery, it says the informer "is currently
being tried in Iraqi courts in Khalis for bearing false witness."

"This false witness was the sole information used to detain the prisoner," says
the letter, signed by the unit's executive officer. "All these men are innocent
of the crimes they are accused of."

Since then, Abdulwahab has made the 400-mile journey by taxi to the Army's bleak
prison camp in Umm Qasr five times, at a cost of about $100 per trip. And each
time she has been rebuffed by prison guards, many of them Kuwaitis and
Egyptians, who she said treat her with contempt.

"They told me this is no good, they won't work with this paper, and that I
should just throw it away," Abdulwahab said. "I just want them to release my son
from this heat and humiliation."

© 2004 The Washington Post Company

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&nbsp;<A =
href=3D"http://www.washingtonpost.com/"><FONT=20
face=3Dhelvetica,arial color=3D#000000 =
size=3D-1>washingtonpost.com </A>
Mistreatment Of Detainees Went Beyond Guards'=20
Abuse Ex-Prisoners, Red Cross Cite Flawed Arrests, Denial =
of=20
Rights=20
By Rajiv Chandrasekaran and Scott =
Wilson Washington Post=20
Foreign Service Tuesday, May 11, 2004; Page A01 
<NITF>
BAGHDAD, May 10 -- Problems in the U.S.-run detention system in Iraq =
extended=20
beyond physical mistreatment in prison cellblocks, involving thousands =
of=20
arrests without evidence of wrongdoing and abuse of suspects starting =
from the=20
moment of detention, according to former prisoners, Iraqi lawyers, human =
rights=20
advocates and the International Committee for the Red Cross.
U.S.-led forces routinely rounded up Iraqis and then denied or =
restricted=20
their rights under the Geneva Conventions during months of confinement,=20
including rights to legal representation and family visits, the sources=20
said.
In a report in February, the Red Cross stated that some military =
intelligence=20
officers estimated that 70 percent to 90 percent of "the persons =
deprived of=20
their liberty in Iraq had been arrested by mistake." Of the 43,000 =
Iraqis who=20
have been imprisoned at some point during the occupation, only about 600 =
have=20
been referred to Iraqi authorities for prosecution, according to U.S.=20
officials.
The Red Cross study, posted Monday on the Wall Street Journal's Web =
site,=20
concludes that the arrest and detention practices employed by U.S.-led =
forces in=20
Iraq "are prohibited under International Humanitarian Law."
Now, facing international outcry over photographs of prisoner abuse =
less than=20
two months before the planned handover of sovereignty to an interim =
Iraqi=20
government on June 30, U.S. officials plan to dramatically reduce the =
number of=20
Iraqis in military custody, from more than 8,000 to fewer than 2,000, =
according=20
to people with knowledge of the issue. The release will send legions of=20
prisoners, many of them angry and hardened by their incarceration, home =
to Sunni=20
Muslim-dominated parts of north-central Iraq where resistance to the =
U.S.=20
occupation has been fiercest.
American detention tactics have turned Iraqis such as Satae Qusay, a =
kebab=20
chef, against an occupation they once supported. Qusay said he was =
arrested in=20
June while visiting the house of his brother, a former low-ranking Baath =
Party=20
official, and did not see an attorney during his subsequent three-month=20
detention in a fog-bound prison camp in the southern city of Umm Qasr. =
There, he=20
said, he was forced to endure a shower of soldiers' tobacco juice, eat =
food off=20
a dirty floor and urinate on himself when he was prohibited from using=20
bathrooms.
"They freed us from an oppressor," said Qusay, 40. "But now I think =
they came=20
to laugh at us."
Prisoners and relatives of detainees interviewed for this article =
produced=20
prison release papers, Red Cross visitation documents or identification=20
bracelets as evidence of incarceration over the past year. The =
descriptions of=20
abuse during arrest or imprisonment could not be independently verified. =

The focus on abuse inside the Abu Ghraib prison and other U.S.-run =
detention=20
facilities has obscured broader problems that began well before Iraqis =
arrived=20
at the facilities, according to lawyers and rights advocates. <FONT=20
face=3DArial,Helvetica color=3D#000000 size=3D-1>Excessive Force=20
 
The 24-page Red Cross report describes a pattern of excessive force =
used by=20
U.S. soldiers during raids at homes or businesses, frequently occurring =
after=20
midnight. The Red Cross wrote that "ill-treatment during capture was =
frequent"=20
and that it often included "pushing people around, insulting, taking aim =
with=20
rifles, punching and kicking and striking with rifles."
Such tactics, which "seemed to reflect a usual modus operandi," the =
Red Cross=20
report says, "appeared to go beyond the reasonable, legitimate and =
proportional=20
use of force required to apprehend suspects or restrain persons =
resisting arrest=20
or capture."
Most of the time, according to an assertion contained in the report =
and=20
corroborated by former prisoners, U.S. soldiers arrested all the men =
found in a=20
suspect's house. Most of those detained, judging by a sample of =
prisoners and=20
their descriptions of fellow inmates, have been young to middle-aged men =
from=20
Baghdad and the Sunni Triangle, the area north and west of the capital =
that is=20
the heart of the anti-occupation resistance.
Ahmed Moeff Khatab, a 32-year-old plumber, said he was getting a =
shave in his=20
local barbershop in Baghdad's Adhamiya neighborhood on Nov. 11 when a =
group of=20
soldiers in U.S. military uniforms entered carrying AK-47s. =
Red-and-white=20
scarves covered their faces, he said.
"They pulled me from the shop and put me in a Nissan pickup," said =
Khatab,=20
who said the men spoke English and accused him of being a member of =
former=20
president Saddam Hussein's paramilitary forces. "They threw me face =
down, then=20
blindfolded me and handcuffed me."
He said he did not know where he was taken because the soldiers did =
not=20
remove his blindfold. They started beating him with pipes, he said, =
starting on=20
his legs and back, then moving to his head.
"I was bleeding from my mouth and my ears," he said. "I fainted. When =
I woke=20
up I was in a dog's cage" set in a courtyard of a local military base. =
<FONT=20
face=3DArial,Helvetica color=3D#000000 size=3D-1>Naked in a Cage=20
 
Khatab said he was left naked in the cage for several days, receiving =
only=20
scant food and water, until the soldiers hung him from a tree by his =
cuffed=20
hands. "They told me they would bring my wife and hang her next to me," =
he said.=20

According to his release papers, Khatab was taken to Abu Ghraib, =
where he was=20
held for four months before being released without an explanation. His =
two=20
brothers are still in the prison, he said. 
When U.S. forces rolled into Iraq in March 2003, there were few plans =
in=20
place for dealing with the long-term detention of Iraqis, according to =
U.S.=20
officials. Military trucks hauled coils of razor wire, which were used =
to create=20
makeshift holding pens and jails on American bases.
The following month, after Hussein's government fell and Iraqi =
security=20
forces effectively dissolved, U.S. troops found themselves responsible =
for=20
detaining common criminals as well as senior members of Hussein's =
government.=20
American detention centers, particularly a tent camp at Baghdad's =
airport,=20
filled with looters, carjackers and thieves.
"The Iraqi system was totally destroyed," said New Jersey Superior =
Court=20
Judge Donald F. Campbell, who served as the occupation authority's =
senior=20
adviser to Iraq's Justice Ministry from April to September. "There were=20
virtually no cells to hold Iraqis within their system when we =
arrived."
As guerrilla assaults on U.S. forces increased last summer, the =
U.S.-run=20
jails were further swollen by Iraqis suspected of conducting or aiding =
attacks.=20
By the early fall, there were thousands of these security detainees in =
U.S.=20
custody.
They were held under the fourth Geneva Convention, which allows an =
occupying=20
power, "for imperative reasons of security," to intern people deemed a =
risk to=20
national stability. Unlike ordinary criminals, who are supposed to face =
trial in=20
an Iraqi court, security detainees have generally not been granted =
access to=20
attorneys. Instead, their continued detention is subject to the =
determination of=20
a special panel composed of representatives of the U.S. military =
command's judge=20
advocate general's office and the CIA, according to a person familiar =
with the=20
process.
Under the Geneva Convention, detainees have the right to appeal and =
their=20
detention should be reviewed every six months, but it is not known =
whether such=20
practices were followed; U.S. military officials have not commented on =
the=20
decision-making process, which occurs in secret.
"The system is not fair at all," said Malik Dohan, the president of =
the Iraqi=20
Bar Association. "Aside from the question of torture, people are being =
held for=20
long periods of time without having their cases reviewed by a =
court."
Although anguished relatives of security detainees often hire lawyers =
in the=20
hope of obtaining a release, the lawyers have little recourse. "I have =
no=20
solution," said Rajaa Shemari, an attorney for 13 security detainees. =
"Nobody=20
knows the procedure. The lawyer has no role in these cases."<FONT=20
face=3DArial,Helvetica color=3D#000000 size=3D-1>'A Secret Court'=20
 
The occupation authority set up a special court, the Central Criminal =
Court=20
of Iraq, in July to try some of the security detainees. But the court =
has moved=20
slowly, completing only 87 investigations so far, according to a Defense =

Department report.</P>
<P>The court itself, located in a building that used to be a museum of =
Hussein's=20
memorabilia, is closed to the public. A reporter who tried to enter was =
turned=20
away twice by guards. "You cannot go in," one guard said. "Only lawyers =
and=20
witnesses are permitted."</P>
<P>"This is just like the days of Saddam," said Khalid Saadi Awad, who =
wanted to=20
enter the building to see whether his cousin was on trial. "The =
Americans have=20
established a secret court."</P>
<P>Daniel Senor, a spokesman for the occupation authority, said the =
court is=20
supposed to be open and attributed the closure to "an overzealous Iraqi =
security=20
team." On most days, he said, "trials are open to the public for full=20
viewing."</P>
<P>Shemari and other lawyers said they also faced difficulties in =
handling the=20
cases of suspected criminals. Although Iraqi judges are supposed to =
adjudicate=20
their cases, coordination problems between Iraqi courts and American-run =
prisons=20
-- the former tracks prisoners by name and the latter by number -- mean =
that=20
many detainees are never brought before a judge, the lawyers said.</P>
<P>"Where's the justice here?" said Nabil Abadi, an attorney for two=20
non-security detainees. "The simplest right of a prisoner is to have a =
lawyer=20
and to be brought before a judge. The Americans don't even allow =
this."</P>
<P>Human rights advocates here said the U.S. military and occupation =
authority=20
took important steps in November to improve the system by opening =
neighborhood=20
centers where families could get basic information about detained =
relatives.</P>
<P>But the idea lost much of its impact because U.S. officials failed to =

advertise the location of the centers, nine of which are open in Baghdad =
today.=20
In addition, human rights workers say, U.S. officials faced a number of=20
difficulties arising from language barriers that kept families from =
finding out=20
the status of detained relatives, many of whom had simply =
disappeared.</P>
<P>Hania Mufti, an investigator for Human Rights Watch, said U.S. =
officials=20
posted the names of detainees in English, so few families were able to =
read=20
them. Furthermore, she said, rendering Arabic names into English led to =
many=20
spelling inconsistencies that prevented families from locating sons and =
husbands=20
on lists.</P><FONT face=3DArial,Helvetica color=3D#000000 =
size=3D-1><B>Visitation=20
Rights Denied <BR></B></FONT><BR>
<P>The result, according to the Red Cross report, was that many =
prisoners were=20
denied visitation rights. "The uncaring behavior of the CF [coalition =
forces]=20
and their inability to quickly provide accurate information on persons =
deprived=20
of their liberty for the families concerned seriously affects the image =
of the=20
Occupying Powers among the Iraqi population," the report concludes.</P>
<P>Khulud Abdulwahab, 56, watched last August as U.S. troops hauled away =
her son=20
and two nephews from their home in the town of Khalis in the Sunni =
Triangle. A=20
former soldier in the Iraqi army, Harith, her son, was picked up based =
on=20
information provided by a paid informer who told soldiers he was a =
member of the=20
resistance.</P>
<P>Convinced of her son's innocence, Abdulwahab quit her job as an =
elementary=20
school mathematics teacher to devote herself full time to securing his =
release.=20
In April, she said, she believed she had nearly done so.</P>
<P>After petitioning the local Army base for help, Abdulwahab received a =
letter=20
from the unit that arrested him stating that the men were wrongly =
accused.=20
Written on Department of the Army stationery, it says the informer "is =
currently=20
being tried in Iraqi courts in Khalis for bearing false witness."</P>
<P>"This false witness was the sole information used to detain the =
prisoner,"=20
says the letter, signed by the unit's executive officer. "All these men =
are=20
innocent of the crimes they are accused of."</P>
<P>Since then, Abdulwahab has made the 400-mile journey by taxi to the =
Army's=20
bleak prison camp in Umm Qasr five times, at a cost of about $100 per =
trip. And=20
each time she has been rebuffed by prison guards, many of them Kuwaitis =
and=20
Egyptians, who she said treat her with contempt.</P>
<P>"They told me this is no good, they won't work with this paper, and =
that I=20
should just throw it away," Abdulwahab said. "I just want them to =
release my son=20
from this heat and humiliation."</P>
<P></P></NITF>
<P>
<CENTER>=A9 2004 The Washington Post Company <!-- Google Links Begin =
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