In February 2006, Human Rights First issued its landmark report,
"Command’s Responsibility: Detainee Deaths in U.S. Custody in Iraq
and Afghanistan." For the first time, the extent of torture by the U.S in those war-torn areas has been publicly documented. The report
describes in detail 20 cases to "illustrate the failures in
investigation and accountability." Below are excerpts and the
responses by retired U.S. military leaders. You can read the the full report
on the Human Rights First
website.
"Since August 2002, nearly 100 detainees have died while in the
hands of U.S. officials in the global war on terror. According to
the U.S. military’s own classifications, 34 of these cases are
suspected or confirmed homicides; Human Rights First has identified
another 11 in which the facts suggest death as a result of physical
abuse or harsh conditions of detention. In close to half the deaths
Human Rights First surveyed, the cause of death remains officially
undetermined or unannounced. Overall, eight people in U.S. custody
were tortured to death."
"Despite these numbers, four years since the first known death in
U.S. custody, only 12 detainee deaths have resulted in punishment of
any kind for any U.S. official. Of the 34 homicide cases so far
identified by the military, investigators recommended criminal
charges in fewer than two thirds, and charges were actually brought
(based on decisions made by command) in less than half. While the
CIA has been implicated in several deaths, not one CIA agent has
faced a criminal charge. Crucially, among the worst cases in this
list -- those of detainees tortured to death -- only half have
resulted in punishment; the steepest sentence for anyone involved in
a torture-related death: five months in jail."
- Introduction, p. 1
"Abed Hamed Mowhoush [was] a former Iraqi general beaten over days
by U.S. Army, CIA and other non-military forces, stuffed into a
sleeping bag, wrapped with electrical cord, and suffocated to death.
In the recently concluded trial of a low-level military officer
charged in Mowhoush's death, the officer received a written
reprimand, a fine, and 60 days with his movements limited to his
work, home, and church."
In the case of "Nagem Sadoon Hatab, investigative failures have made
accountability impossible. Hatab, a 52-year-old Iraqi, was killed
while in U.S. custody at a holding camp close to Nasiriyah. Although
a U.S. Army medical examiner found that Hatab had died of
strangulation, the evidence that would have been required to secure
accountability for his death. Hatab's body was rendered unusable
in court. Hatab's internal organs were left exposed on an airport
tarmac for hours; in the blistering Baghdad heat, the organs were
destroyed; the throat bone that would have supported the Army
medical examiner's findings of strangulation was never found."
- Introduction, p. 2
"Command's Responsibility documents a dozen brutal deaths as the
result of the most horrific treatment. One such incident would be an
isolated transgression; two would be a serious problem; a dozen of them is
policy. The law of military justice has long recognized that military
leaders are held responsible for the conduct of their troops. Yet this report
also documents that no civilian official or officer above the rank of
major responsible for interrogation and detention practices has been
charged in connection with the torture or abuse-related death of a detainee in
U.S. custody."
- John D. Hutson,
Rear Admiral (Ret.), JAGC, USN
The torture and death catalogued in excruciating detail by this
important Human Rights First report did not happen spontaneously.
They are the consequence of a shocking breakdown of command
discipline on the part of the Army’s Officer Corps… What is
unquestionably broken is the fundamental principle of command
accountability, and that starts at the very top.
- David R. Irvine,
Brig. Gen. (Ret.) USA