Saturday, April 28, 2007

Dilawar, RIP



Thanks to the attention that "Taxi to the Dark Side" is garnering in the mainstream media (Post, WSJ, Salon), for a while at least, innocent Afghan Dilawar is remembered as a victim of American military institutionalized brutality.

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Friday, April 27, 2007

Tenet Denies CIA Torture

"Journalist" allowing the Administration to manhandle him.

"Listen to me."

"I want you to listen to me!"

Tenet sounds like a stupid Hollywood character, not the head of the Central Intelligence Agency.

"There was so much we did not know!"

This kind of bluster is typical of the Bush Administration, which combats solid questions with bullying. They refuse to prove any of their own supposed accomplishments or disprove charges of torture on the grounds that this proof would "threaten our security" ("I can't talk about techniques").

To see the full interview, and see if CBS' journalist actually challenges this nonsense (don't hold your breath) tune into 60 Minutes on Sunday April 29.

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Ex-commander at Camp Cropper accused

Lt Col. William Steele, ex prison commander at Camp Cropper, the US' second largest detention facility, is being charged on multiple misconduct charges. The Army says he "mishandled" information, keeping classified information in his personal quarters, and accuses him of inappropriate relations with his interpreter, and of "fraternizing" with the daughter of a detainee. He also allegedly allowed certain detainees to have unmonitored cell phone conversations. He was also accused of possessing pornography. (How many servicemen are innocent of this "crime"?)

Steele will face an "Article 32" hearing to determine whether he will face court-martial.

According to the LA Times
:
Steele, whose age was not released, was the commander of the 451st Military Police Detachment. In that role, he was one of a handful of senior officers who reported to the commander of Camp Cropper, Aberle said.

In October, Steele moved to Camp Victory in Baghdad to work with the 89th Military Police Brigade, the Associated Press reported. Some of the charges stem from that period. Under the Uniform Code of Military Justice, the maximum sentence for aiding the enemy is death. U.S. military officials did not say when or where the Article 32 hearing would take place.

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Wednesday, April 18, 2007

'Taxi to the Dark Side'



Finally a "big" documentary about the Bagram homicides. Abu Ghraib has elicited a huge reaction especially in the past two years, by artists, writers and documentarists. But the sad fate of those tortured to death in Afghanistan has been largely forgotten. Recall that of the original 27 men recommended to prosecutors by Army investigators the killing of innocents Dilawar and Habibullah, only 6 were convicted or pled guilty. The stiffest punishment handed down has been 5 months in a military prison.

Involved among others as executive producer was journalist Sid Blumenthal. The film by Alex Gibney "Taxi to the Dark Side" portrays the arrest of taxi driver Dilawar and to his killing at Bagram Air Base. It premiers at the Tribeca Film Festival next week.

Tom Tomorrow shares his thoughts after seeing a preview.

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Saturday, April 14, 2007

Hypocrisy: shock and awe on the body

One of the biggest madams operating an "escort service" for Washington DC professionals is being tried for tax evasion and running an illegal prostitution business. Before federal judges could gag order on Deborah Jeane Palfrey, she pulled the biggest name from her "46 pounds" of paper phone records. Regular customer: ultra conservative Harlan K. Ullman, who coined the term "shock and awe" in 1996 and saw his dream come true in 2003 with the invasion of Iraq. Ullman is at the think-tank the Center for Strategic and International Studies.



Besides the obvious irony of the inventor of this theory of "domination" regularly needed to pay for sex, it behooves us to remind of the connection between the shock and theory, torture and sexual domination. William Plaff wrote in the International Herald Tribune, back in 2004:
It is hard to avoid the conclusion that the Bush administration is not torturing prisoners because it is useful but because of its symbolism. It originally was intended to be a form of what later, in the attack on Iraq, came to be called "shock and awe." It was meant as intimidation. We will do these terrible things to demonstrate that nothing will stop us from conquering our enemies. We are indifferent to world opinion. We will stop at nothing. [...]Destroying cities and torturing prisoners are things you do when you are losing the real war, the war your enemies are fighting. They are signals of moral bankruptcy. They destroy the confidence and respect of your friends, and reinforce the credibility of the enemy.
Diane Christian reminds us of Rumsfeld and Bush's supposed inability to look at the Abu Ghraib photos, and the US media's puritanical need to censor the images:
But the Abu Ghraib images are not easily repackaged. They're pornographic not just obscene and while our warwagers are excellent at evading and repackaging violence they're stopped cold by sex. The scenes we've seen so far are full of Iraqi genitals and hooded faces and grinning American soldiers.

President Bush finds them sickening and unAmerican; Rumsfeld labels them disgusting and can not imagine that any officer could order such a thing. The six indicted are characterized as bad apples and degenerate and not real American soldiers. But the pictures seem deliberately and even proudly posed.

Interestingly, as these pictures are broadcast in the US they are usually blurred so that we don't see genitals. This is in the interest of our sensibilities for our general culture doesn't look publically at genitals except in works of art. Most of Muslim culture doesn't even allow naked genitals in art. Islamic miniatures of Adam and Eve (Christian artists' favorites for requiring nudes) usually show them modestly covered. Commentators on the prison images speak of how shamed a Muslim man is to be made naked. A boyish US female soldier in one picture grins and points to the genital of a bound captive; in another she holds a naked prisoner on a leash. In other pictures the prisoners are forced into real and simulated sexual acts. There are more and worse terrible pictures and video as yet unpublished.

'Sadistic' Rumsfeld said shaking his head with disbelief and contempt. He doesn't learn from the pictures, much as the President never has doubts. 'They are not us, they are evil, they are unAmerican,' they say. But the problem is not sadism-getting sexual pleasure from inflicting pain. The problem is inhumanity-torturing, murdering, raping human beings. The problem is not sex titillation but violence. Torture is a legitimate child of war-if I am willing to kill you, why should I stop at mutilating, humiliating and torturing you, the enemy, the evil one? Why can I not bend you to my will, make you talk, take away your manhood or rape your womb? I can. But I must be sober steadfast chaste in style lest I betray enjoying your pain.
What I believe about the morality of sexwork/prostitution/escorts is essentially irrelevant. Based on their own standards alone, recently we have enough proof that the neoconservative movement is hypocritical to its core.

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Saturday, April 07, 2007

British TV pulls Iraq abuse drama



Using the unfolding "Iran situation" of the captive British sailors as an excuse, British TV Channel 4 canceled its April 5 airing of the powerful drama "Mark of Cain" about the abuse of prisoners in Iraq by British soldiers. "The Mark of Cain" is a complex portrait of the British military presence in southern Iraq. The story involves three soldiers accused of abusing detainees after suffering losses in an ambush. The soldiers are found out when an angry ex-girlfriend denounces them after seeing trophy photos of the abuse. The soldiers are then put on trial. According to the film's press release:
THE MARK OF CAIN is inspired by real life events Iraq. The now notorious pictures and footage that emerged from the prisons of Iraq, showed British soldiers abusing and humiliating prisoners of war. The revelations rocked the army, an institution that prides itself on ‘fair play.’ It placed the role of the British army in Iraq in danger; appearing as the occupiers they had long sought not to be. It left the position of the British army exposed, leaving them vulnerable to further reprisals. Why did the soldiers behave in this way?

Teamed with the reported lack of essential supplies, it led people to question whether the British army was emotionally and physically equipped for such military action, or is this the way soldiers will be led to behave under such extreme pressure?

So controversial is THE MARK OF CAIN, that the release was postponed until the current trial of the British soldiers is concluded.
The film won the Movies that Matter at the Rotterdam International Film Festival. According to the Festival's site:
“It’s a fictional story, but it was triggered off by a small newspaper story [screen writer] Marchant saw about a young soldier who’d taken his camera to develop at a high street store in 2003,” director Marc Munden says. “The guy processing the film immediately phoned the police because the photos were of prisoners being humiliated. The soldier was totally naïve; he didn’t think he’d done anything wrong. So Tony started interviewing returning soldiers and their families. It’s completely fictional, but all the elements that occur in the film have taken place in real life.”

The result is a fierce, angry film that probes the events leading up to the British soldiers’ torture of their terrorist ‘suspects’ (arrested on the flimsiest of evidence following an ambush on the squad that leaves two British soldiers dead), and exposes the way senior officers turned a blind eye to the abuse. “He’s a very committed, political writer – there’s not that many like that any more,” Munden says of Marchant. Asked what he looks for in a screenwriter, Munden says: “You’ve got to be completely in love with what they’re trying to say. But it’s really important that I can stamp some kind of authorship on the film.”
Channel Four claims that the airing of the film depicting abuse of Iraqi prisoners by British soldiers could have put the British prisoners in Iran at risk. The Channel has rescheduled the film's airing for May 17.

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Saturday, March 17, 2007

In it together: Anglos dodging responsibility, spending (and earning) a fortune

In the UK, the acquittal of two British officers in the killing of Baha Mousa in Basra in 2003 led many to question the use of military trials. The proceedings against a number of officers involved in the death of Mousa all led to acquittals, an apparently cost the British taxpayer over £20 million. The judge who acquitted the men said there was no evidence against the men because there was an obvious, inpenetrable code of silence among those involved. And just today, we learn that 10 British detainees in Basra pulled a quite simple escape.

In Canada, the controversy over the investigation of the "handing over" and disappearance of a Taliban soldier captured on the battlefield to the Afghan Army rages on. Meanwhile, miltary lawyers appointed to defend Canadian Omar Khadr, the only juvenile brought to Guantanamo from Afghanistan, say the cards are stacked against him. The US has used coercion and torture to gather the majority of "admissable evidence." His lawyers also claim the Canadian government is abandonning the now 20-year-old Khadr.

In the US, the beginning of a hearing to determine whether the only officer charged with Abu Ghraib abuses shall face court martial hearings revealed that Sgt Steven Jordan plans to dispute the legality of evidence against him. He claims that investigating Generals Fay and Taguba did not properly inform him of his rights.

Also, Staff Sgt. Ray Girouard was found guilty of negligent homicide in relation to the killings of three prisoners north-west of Baghdad in May 2006. The maximum sentence for this is three years, whereas premeditated murder carries up to life without parole. He was also convicted of covering up the crimes. His attempts to prove he was under orders to "kill at military-age men" and pass responsibility up the military command seemed to have failed. But he raised significant questions about the orders he was given.

Australian Prime Minister's surprise visit to the troops in southern Afghanistan reminds that Australian David Hicks, captured in Afghanistan in 2001, is awaiting his military commission trial. His lawyers are attempting to delay the proceedings, challenging the his very detention in US courts. He will in any case appear in a hearing on March 23, the first time he will have seen his family in 2 1/2 years. Meanwhile, an Australian firm Morris Corporation, won the $65 million contract to supply meals at US Detention facilities in Iraq.

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Thursday, March 15, 2007

Command responsibility defense in Iraq detainee killings

The trial of 101st airborne Staff Sgt. Ray Girouard, who is being blamed for ordering the killing of three detainees in Thar-thar, northwest of Baghdad, in May 2006 is already cutting straight to the issue of command responsbility. The LA Times provides coverage of the trial in Ft Campbell, Kentucky. Girouard claims that he had orders to "kill every military-age male" and that he was screamed at by his superior Sgt. Eric Geressy after Girouard reported they had taken prisoners. Here is a video of Geressy talking about a counterinsurgency raid in Samarra. For background, see the site Expose the War Profiteers.
FT. CAMPBELL, KY. — A senior enlisted man testified Wednesday that he had angrily asked over a military radio why his soldiers had not killed several Iraqi men they had taken into custody during a combat sweep in Iraq last May.

Minutes later, three detainees were shot dead. A 101st Airborne Division squad leader, Staff Sgt. Raymond L. Girouard, is charged with ordering his soldiers to kill the Iraqis.

"I don't understand why … we have these guys alive!" 1st Sgt. Eric Geressy testified he shouted over the radio shortly before two soldiers in Girouard's squad shot and killed the unarmed Iraqis.

Testifying at Girouard's court-martial, Geressy said he believed the Iraqis had been shooting at his men during a firefight and thus should have been killed. In fact, the men had been detained without incident after a May 9 air assault by Girouard's squad on a marshy island 60 miles northwest of Baghdad.

Geressy's radio comments were significant for Girouard's defense team, which maintains that top commanders gave orders to kill every military-age Iraqi male on the island. A soldier who admitted killing the detainees testified Tuesday that he believed that Girouard, in telling his men to kill the detainees, was responding to Geressy's outburst.

"That's what [Geressy] wanted. That's why I proceeded," Pvt. William B. Hunsaker testified during Tuesday's opening session.

Asked by defense lawyer Anita Gorecki whether killing the detainees was what "higher" — the unit's higher command — wanted, Hunsaker replied, "Yes, ma'am."

Girouard, 24, is the highest-ranking of four squad members charged with murdering the detainees. Hunsaker, 24, and two others have pleaded guilty under agreements that require them to testify for the government.

Hunsaker and Pfc. Corey R. Clagett, 22, testified Tuesday that they killed the detainees after Girouard told them to cut off their plastic zip ties, let them flee and then shoot them. Hunsaker and Clagett have been sentenced to 18 years in prison; they originally faced life without parole if convicted.

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Tuesday, March 13, 2007

British judge lets off senior officers

In relation to the Baha Mousa homicide in Basra, it appears that command responsibility weighed into a judge's decision to drop charges against five officers blamed with the abuse that led to the Hotel receptionist's demise in 2003. He said in relation to the 36 hours of abuse that led to Mousa's death, some of the "techniques" were approved by the officer's superiors. Those techniques included "conditioning" the detainees for questioning by putting them in stress positions and requiring them to wear hoods. One wonders is the beatings sustained by Mr. Mousa were also approved.

Another officer, Col Jorge Mendonca also was recently acquitted for responsibility in the Mousa homicide.

Now the big question: will prosecutors move up the chain of command?

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Monday, March 12, 2007

Court-martial hearing for Abu Ghraib officer

The only officer to be charged for offenses relating to the heinous torture and abuse of prisoners at Abu Ghraib in 2003-4, Lt Col. Steven L Jordan, will face another hearing to decide whether or not he should be court martialed. The military's own Fay Report concluded that he failed to control the situation at Abu Ghraib and failed to adequately train his soldiers. His "Article 32" hearing in October, he claims, was unfair because the presiding officer unfairly admitted written witness statements that were not evidence when ruling.



If the presiding officer in this hearing today decides Lt Col. Jordan should face a court martial hearing, it will tentatively be scheduled for July, according to MSNBC.

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Sunday, March 04, 2007

Some ironic advice for wardens in Iraq

For a rare taste of detention from the warden's side, this op-ed in the LA Times. Carlson served in the Fallouja detention center in much of 2006, and is currently pursuing a Masters in creative writing.
The warden of Fallouja
Taking charge of a detention center in Iraq? Here's what you need to remember. By Mike Carlson


[ 1 ] They're not prisoners, they're "detainees."

It sounds better, as if they're merely inconvenienced rather than shoehorned into cinderblock cells, thumbing their military-issued Korans and waiting to be interrogated. One-third are innocents caught up in sweeps; one-third are jihadists who will slit your throat, and one-third are opportunists who will rat out their neighbors. You will hold them for 14 days, no more, while the interrogators try to figure out who is what. Each gets a CF, for Camp Fallouja, and a four-digit number. No names will be used, mainly because numbers fit more easily onto spreadsheets. They will be forever known as entas. "Enta" means "you" in Arabic, and that's what you call them day after day, meal after meal, port-a-potty call after port-a-potty call. "Enta, ishra mai," you say, and the enta drinks his water, and if you say, "Enta, ishra mai kulak," he drinks all of his water, every drop, and holds the bottle upside down to prove it.


[ 2 ] It's not personal.

The enta who screams "meesta!" every 10 seconds for 48 hours straight isn't doing it to infuriate you, his captor. What it boils down to is that he can't pronounce "mister," and he was carrying that 155-millimeter round in the back of his pickup, and he was going to try to blow you up, and the reason he was picked by the insurgent leaders to haul the shell is that he's soft in the head, which is why he cannot stop screaming "meesta!"

The major who watches NASCAR races on satellite TV in his air-conditioned office at the battalion headquarters while you and your Marines march entas to and from the latrines in 120-degree heat isn't doing it to antagonize you, his subordinate. Frankly, he's just over here for the retirement money, and he didn't want to be in charge of four regional detention facilities in Al Anbar province any more than you wanted to end up as the warden in Fallouja. He wants to keep his head down and forget about the fact that if one, just one, of your Marines snaps and goes Abu Ghraib on a detainee, his pension is out the window.


[ 3 ] You won't fire your weapon in anger.

You'll fire plenty of training rounds. You'll be awakened nightly by outgoing artillery shells being blasted into the ether a mere 400 meters from your tin-can hooch, where you fall asleep to the drone of your air-conditioning unit and the faint yelps from the sergeant-next-door's porn videos.

Your fingers will ache from absently squeezing the grip of your M16A4 during endless nighttime convoys, transporting detainees from Fallouja to Abu Ghraib or Camp Cropper. The only illumination in the back of the truck will come from the red-lens flashlight you pan across the entas to make sure none of them have wormed loose from their flex cuffs and hatched a plot to kill you.

Your truck will stop one night outside Abu Ghraib. You will wait for explosive ordnance techs to clear a suspicious burlap bag. Because there are so many bombs, you never know how long you'll sit exposed on the road. During the second hour, CF-4562 will ask you in perfect English if he can pee. You will escort him to the edge of the road. When he thinks you aren't looking, 4562 will slink away from you and your rifle. You will immediately see through such a feeble escape attempt, and here, outside the site of America's shame, this enta will be one sandal step away from giving you an absolutely justifiable reason to finally click your weapon's selector off of "safe."

You will raise the muzzle slowly with muscles that ache from humping 60 pounds of body armor and ammo and water and Quick-Clot coagulant, but before your thumb moves over the safety, you will automatically say "kiff," Arabic for "stop," because it's been drilled into you as part of the rules of engagement. You will want to shoot, and 4562 will hear that in your voice. He will stop. He will manage a feeble stream of urine before you shoo him back aboard the truck.


[ 4 ] You will be a constant target outside the wire.

A green beam of light will dazzle you through the Cyclops lens of your night-vision goggles as it streaks toward the armored sides of your truck. You will grit your teeth, and the rocket-propelled grenade will hit, and then, by the grace of some malfunction, it will only gouge out a divot from the big green plates, an errant golf swing's worth of metal. You will pan your rifle barrel across the garbage-strewn fields and pockmarked buildings, but you will see nothing, just a stray dog scurrying away from the tiny blast. A feeling of anticlimax will wash over you, of one beer short of the perfect buzz and a throw just wide of the catcher's mitt. You are a Marine and trained to kill, but you can never find any insurgents to shoot.


[ 5 ] You will tell yourself lies about how being shot at will change you.

You won't be able to tell your wife about the near-miss when you call home because you know she'll be worried, and when she worries, she cries, and you cannot, absolutely cannot, have her cry, mainly because it will make you cry, and you're a captain in a crowded phone center surrounded by junior Marines. Your neck will cramp up for two weeks, as if all your fears have been concentrated into a small kernel of misery somewhere north of your shoulder blade. Then, one day, the pain will be gone, and you will walk up to the side of the truck and place your fist inside the divot to remind yourself that it really happened.


[ 6 ] You will screw up.

A sergeant will push one of your female Marines too hard during physical training, and she will turn on the waterworks and accuse him of sexual harassment. You will chew out the sergeant, but later discover that she is simply angry with him for forbidding her to visit her boyfriend in another unit.

You will apologize to the sergeant, but the incident will have cost you some of the platoon's trust, and you will find yourself hating her. She will hate you too, until she goes home early, knocked up by the very same boyfriend she was forbidden to see. You will feel a quick self-righteous high, followed by a prolonged low; your neglect of your own rule — don't take it personally — means you failed her as a leader.


[ 7 ] You will drink water until your urine is clear.

You will drink and drink and keep drinking until you've drained more than 800 bottles of water during your stay in the Iraqi desert.


[ 8 ] Your interpreter will be your greatest hidden ally.

Ali is rotund, aged and bearded, a prototypical Islamic authority figure. He reads the facility rules to all new detainees, his face hidden behind dark glasses and a ball cap. Your understanding of Arabic progresses to the point where you know he's adding regulations. You take him aside, and he explains that he tells the new arrivals that there are snipers in every tower, that trapdoors lurk beyond the borders of each gravel path and that attacking a Marine in the facility would result in a coward's death, voiding the promise of 72 virgins. You allow him to continue.


[ 9 ] You won't abuse any detainees.

Your property room will hold a sniper rifle that killed a Marine and bears the fingerprints of the man inside Cell 4A. Evidence photos will show a bomb crater and bloody boots with shinbones still laced inside, and wires that lead from the crater to the home of CF-7634. As you perform your daily cell checks, you will occasionally want to smash and kick and eye gouge and palm-heel strike. But you won't. You will need to look in the mirror tomorrow when you shave.


[ 10 ] You will get by with 20 words of Arabic.

When your prisoner-release convoy is waved into a field strewn with basketball-sized boulders by an Army lieutenant too new to speak Arabic, that will be just enough to get the entas to stop washing their feet and shouting blessings to Allah and to herd them into the civil affairs compound. Later, an 18-year-old lance corporal will fall asleep at the wheel and swerve off the Fallouja cloverleaf. As the 7-ton rumbles down the embankment, the entas will fling themselves off the truck. One enta will break his arm, and, again, your 20 words will coax him into medical treatment. Through it all — the bungled release, the accident, the medevac — you will not be attacked. Two days later, a similar convoy traveling the exact same route will be blown up by an IED, and the ache in your neck will return for another two weeks.


[ 11 ] After seven months, you will fly home.

On the way back to the U.S., your Marines will be told by Maj. NASCAR that they can drink, and they will — to excess. You will resign yourself to breaking up the inevitable fights, and as you step between two Marines about to swing, you will realize that this has been your purpose. You set limits.


[ 12 ] You will return to civilian life.

You will be jumpy and vaguely unsatisfied, disconnected from the civilians around you who care only about text messages and gas prices and catty e-mails. Navy doctors will find Iraqi sand trapped in the innermost pathways of your ear canals. Your wife now snores, and all her unfamiliar noises combine to drive you from your bed.

On one such night, you will turn on the television news and see that Anna Nicole Smith's death has trumped the coverage of America's 3,118th fatality, 31-year-old Petty Officer 1st Class Gilbert Minjares Jr. You will note that, at 39, Smith was younger than most of the helicopters flying in Iraq. You will turn off the TV and sit in the dark and feel your eyes water as you think about how you took 55 Marines and sailors into a combat zone and brought all 55 back home, and that no one in America besides you and those 55 really cares or understands what you went through.

You processed 1,230 detainees, without a single incident of abuse, while America sat on the couch and watched girls go wild. As far as you know, you killed no one. This used to bother you, because killing is what Marines are trained to do. But now, after viewing documentaries and reports that paint American forces as Redcoat invaders, you take some comfort in the fact that you never pulled the trigger.

Those numbers — 55, 1,230 and 0 — will allow you to sleep tonight, and the next night, and the next. But each night you will insert a mouth guard made of silicone before you go to sleep, because your dentist informs you that you are always, always, always unconsciously grinding your teeth.

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Thursday, February 15, 2007

British clear officer in Basra abuse case

Colonel Jorge Mendonca, the highest ranking officer to be charged in relation to abuse allegations in a Basra detention center, was cleared on criminal charges relating to the death of a hotel employee Baha Mousa in 2003, who "who was attacked over a 36-hour period while handcuffed and hooded and suffered 93 separate injuries."



Robert Fisk wrote on this homicide for the Independent. An anonymous survivor recounted to him:
One of the detainees was to recount to The Independent an appalling story of cruelty: "We were put in a big room with our hands tied and with bags over our heads.

"But I could see through some holes in my hood. Soldiers would come in, ordinary soldiers, not officers--mostly with their heads shaved, but in uniform--and they would kick us, picking on one after the other.

"They were kick-boxing us in the chest and between the legs and in the back. We were crying and screaming. They set on Baha especially and he kept crying that he couldn't breath in the hood. He kept asking them to take the bag off and said he was suffocating.

"But they laughed at him and kicked him more. One of them said: 'Stop screaming and you will be able to breathe more easily'

"Baha was so scared. Then they increased the kicking on him and he collapsed on the floor. None of us could stand or sit because it was too painful.''

Other subordinates were also cleared in relation to manslaughter charges. Yet others are still being tried for abuse-related crimes.

More from the Guardian:
The court martial, being held at Bulford in Wiltshire, has heard how in September 2003, 10 civilians were arrested by members of the QLR during a raid at a hotel in Basra, southern Iraq. Handcuffed, hooded with sacks and deprived of sleep, they were forced to maintain a "stress position" - backs to the wall, knees bent and arms outstretched. If they dropped their arms they were punished with beatings.

[Corporal Donald] Payne, who was in charge of the guarding of the prisoners, was said to be at the centre of the ill treatment. At the start of the trial he made history when he became the first British soldier to admit a war crime. But he denied the manslaughter of Mr Mousa, 26.

Two other soldiers, Kingsman Darren Fallon and Lance Corporal Wayne Crowcroft, were also accused of inhumanly treating prisoners - a war crime. A third, Sergeant Kelvin Stacey, was said to have kicked and punched an Iraqi prisoner. But the case against them centred on the claims of a colleague who was attacked as a "fantasist" in court.

The case against Col Mendonca was that he should have known what was going on and ought to have acted to stop it. But the judge, Mr Justice McKinnon, yesterday directed the board hearing the courts martial to find Col Mendonca, Kingsman Fallon, Lance Corp Crowcroft and Sgt Stacey not guilty. He directed them to acquit Payne of manslaughter and of intending to pervert the course of justice. Mr Justice McKinnon told the board there was "no evidence" fit to put before them on which they could convict the men.

The Scotsman, which claims the court martial tribunal cost the British taxpayer £20 million, reports:
Before his court martial, Colonel Jorge Mendonca MBE, the decorated former commander of the Queen's Lancashire Regiment, was widely considered to be destined for the very top of the army.

Fellow officers speak of his exemplary leadership of the QLR during its extremely difficult tour to win "hearts and minds" in Basra following the Coalition Forces' invasion of Iraq in 2003.

The 43-year-old infantry commander's attention to detail and his gallantry in the Gulf, for which he won a DSO (Distinguished Service Order), won him plaudits both in the ranks and the officers' mess.

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Monday, February 12, 2007

No avoiding trial for officer charged in Ghraib

The defense of reservist Army Lt. Col. Steven L. Jordan attempted to get the charges against him in relation to the abuses at Abu Ghraib dropped, on the basis that the government waited too long before charging him. The judge rejected these arguments, which followed his arraignment on January 30. Jordan, who was the only officer to face trial in relation to the torture at Abu Ghraib, is charged with lying to investigators, cruelty and maltreatment, disobeying orders, and dereliction of duty. At Abu Ghraib he was an interrogator in his capacity as military intelligence. He was mentioned in the Taguba report as "directly or indirectly responsible" for the abuses at the prison. He faces 22 years prison time.

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Friday, February 09, 2007

Tennesse town rallies for accused murderer

The hometown of 24 year-old Staff Sargeant Ray Girouard is rallying to his defense, reports the AP. Through church fundraising the townspeople of Sweetwater have raised a total of $18,000 to pay for his defense on murder charges for the killings of bound detainees in Samarra on May 9, 2006.

The other three charged in connection with the murders pled guilty, two received 18 years and one receiving nine months. All three pointed the finger at Girouard.

Sgt. Girouard claimed at his arraignment (Article 32 hearing) that he was given orders to kill all "military-aged males" by his brigade commander Michael Steele.

The 24-year-old staff sergeant with the 101st Airborne Division, was one of four soldiers charged with murdering three Iraqi detainees last year.

"Anybody that knows Raymond knows his character, and this is not Raymond,'' said his grandfather, 64-year-old Ron Bentley.

The other soldiers have pleaded guilty and agreed to cooperate with prosecutors; Girouard, the squad leader, is in a military jail in Charleston, S.C., awaiting a court-martial next month at Fort Campbell.

The soldiers initially told investigators they shot the detainees during a May 9 raid in Samarra because they were attempting to flee and because commanders had given them orders to kill all military-age men. But two of the soldiers now say Girouard ordered them to cut the detainees free and shoot them as they fled. One soldier also said Girouard cut him to make it look as if there was a struggle.

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Thursday, January 04, 2007

The Irony



The New York Times' John Burns rightly proclaimed the events of the last couple of days in Iraq, the lynching-like hanging of Saddam Hussein, "Shakespearian."

The ultimate irony to me is that those being "blamed" with the ethical violations of filming the event and making sectarian jeers at Mr Hussein in his last moments are the lowly guards.

A la Abu Ghraib, the grunts take the blame for the utter lack of judgement and misfunctioning of their government from the top down.

Apparently there were roughly 15 people viewing the moment. Two were VIPs or "government officials", according to media reports, the only to be allowed to carry cel phones. So the VIPs were the only with the opportunity to film this. According to the Guardian:
Sami al-Askeri, a Shiite lawmaker who also advises al-Maliki, said two "Justice Ministry guards were being questioned. The investigation committee is interrogating the men. If it is found that any official was involved he will face legal measures.''

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Thursday, March 23, 2006

Bigger Fish to Try

So dog handler Sgt. Smith gets six months in jail for his use of his unmuzzled black German shepherd against detainees at Abu Ghraib. He will also be demoted and fined. It's a start, but in light of evidence brought out in the trial, it does not seem fair to punish only Sgt. Smith. As the New York Times's Eric Schmitt points out, Col. Thomas Pappas and General Geoffrey Miller were directed implicated in the use of dogs in Abu Ghraib. And they are not about to stand trial, Schmitt tries to explain why:

Some military experts said one reason there had not been attempts to pursue charges up the military chain of command was that the military does not have anything tantamount to a district attorney's office, run by commanders with the authority to go after the cases.

"The real question is, who is the independent prosecutor who is liberated to pursue these cases," said Eugene Fidell, a specialist in military law. "There is no central prosecution office run by commanders. So you don't have a D.A. thinking, I'm going to follow this wherever it leads." [...]

Sergeant Smith, who was convicted Tuesday for abusing detainees in Iraq with his black Belgian shepherd, had said he was merely following interrogation procedures approved by the chief intelligence officer at Abu Ghraib, Col. Thomas M. Pappas. In turn, Colonel Pappas had said he had been following guidance from Maj. Gen. Geoffrey D. Miller, commander of the military prison at Guantánamo Bay, Cuba, who in September 2003 visited Iraq to discuss ways to "set the conditions" for enhancing prison interrogations, as well as from superiors in Baghdad. [...]

But in Sergeant Smith's trial, General Miller was never called to testify. Colonel Pappas acknowledged that he had mistakenly authorized a one-time use of muzzled dogs to keep prisoners in order outside their cells, but he said that he had no idea that dog handlers were using unmuzzled dogs to terrorize detainees as part of the interrogation process. Colonel Pappas had previously been reprimanded and relieved of his command, but was permitted to testify under a grant of immunity. [...]

The trial of a second dog handler, Sgt. Santos A. Cardona, is scheduled to begin on May 22, and it may offer another occasion for defense lawyers to try to direct blame at higher levels. Sergeant Cardona's lawyer, Harvey Volzer, said in a telephone interview on Wednesday that his defense would include information not revealed in Sergeant Smith's trial. Mr. Volzer said he would seek to have Mr. Rumsfeld, Gen. John P. Abizaid, the commander of American forces in the Mideast, and General Sanchez all testify at Sergeant Cardona's trial.


So there is hope that more scrutiny will be placed on the command structure, both in Congress and in military courts.

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Saturday, March 11, 2006

Coming to terms with torture

The man whose haunting image changed the world is now an individual, with a name, a face, and a mission. Ali Shalal Qaissi, the man pictured standing on a box, with a black frock and electrodes attached to his fingers, was imprisoned and tortured in Abu Ghraib prison.

The New York Times' Hassan Fattah caught up with him and tells his important story.



Qaissi, known as "Haj Ali," now uses the famous image of himself on his business cards.

Based in Amman, Jordan, he founded the Association of Victims of American Occupation Prisons. He now travels the Middle East raising awareness and funds to support prisoners and their families.

One wonders whether the discussion of torture, in Syria and other nations with dubious records, will transcend criticisms of America and inspire a more generalized discussion of rights and liberties. Haj Ali himself displays surprisingly little ill -will towards the United States.

It must be noted that he has been rejected visas for speaking engagements in Italy and Austria. (This is apparently linked to allegations by Iraqi exiles in Germany that Haj Ali was implicated in human rights abuses in his capacity as Mayor during the Saddam era, allegations which Haj Ali denies.)

Today, those photographs, turned into montages and slideshows on Mr. Qaissi's computer, are stark reminders of his experiences in the cellblock. As he scanned through the pictures, each one still instilling shock as it popped on the screen, he would occasionally stop, his voice breaking as he recounted the story behind each photograph. [...]

Financed partly by Arab nongovernmental organizations and private donations, the group's aim is to publicize the cases of prisoners still in custody, and to support prisoners and their families with donations of clothing and food.

Mr. Qaissi has traveled the Arab world with his computer slideshows and presentations, delivering a message that prisoner abuse by Americans and their Iraqi allies continues. He says that as the public face of his movement, he risks retribution from Shiite militias that have entered the Iraqi police forces and have been implicated in prisoner abuse. But that has not stopped him.

Last week, he said, he lectured at the American University in Beirut, on Monday he drove to Damascus to talk to students and officials, and in a few weeks he heads to Libya for more of the same.

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Thursday, March 09, 2006

State Dept Rights Report blames Iraqis

The State Department, in its yearly survey of Human Rights practices of every country except the United States, has singled out the Iraqi police forces as the most heinous abusers of human rights in Iraq.

The New York Times and others report that the State Department admits that the Iraqi police forces (trained and armed by the US) are widely infiltrated by sectarian militias, and responsible for uncounted extra-judicial kidnappings, torture and killings. The US' treatment of its own prisoners in Iraq, numbering as high as 14,000, is not addressed in the report.

The report also describes the human rights violations in various countries to which the CIA has "rendered" prisoners, including Jordan, Syria and Egypt. Romania, a country which is suspected to have held CIA prisoners in the recent past, is also recognized as having abused prisoners rights.

China released its response to the State Department report, a full documentation of alleged US human rights violations, with an emphasis on the violation of the right to life, and social and economic rights. The Chinese dedicate a special section to violations committed outside of the US.

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Not so fast, General Miller

Salon magazine reported that congressional leaders have requested that General Geoffrey Miller's retirement be delayed until the questions surrounding the "GITMOization" of Abu Ghraib, specifically the use of dogs during interrogation, be answered in military court and (hopefully) in Congress.

General Miller was hoping to make a quiet exit, after last year having invoked the fifth amendment, the right not to self-incriminate, in the case of the two military dog handlers who are on trial for their use of dogs on detainees in Abu Ghraib.

But Armed Services Committee Chairman John Warner(R-VA) and senior member Carl Levin (D-MI) have called for Miller's retirement to be "held in abeyance" until the courtmartial of these two defendents has been completed. Sources say that

Miller's active-duty status makes it easier for the Armed Services Committee to compel Miller's testimony if the senators decide to hold new hearings to determine who was ultimately responsible for the mistreatment and, in some cases, torture of Iraqi prisoners at Abu Ghraib.

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Tuesday, March 07, 2006

Bush admin losing western hearts & minds

Bush's visit to Afghanistan and his Attorney General Alberto Gonzales' visit to Europe seem to have been intended to persuade Europe and the US that everything is going alright in what the US calls the "War on Terror," and that the US still can count on support from key allies.


The French aren't buying it

Yet the visits took place against the backdrop of a prison riot in Kabul, in which at least 6 people were killed, and the release of an Amnesty International report which claims that at least 14,000 are being head in US custody in Iraq for months and months with no due process and that those in Iraqi custody are regularly subject to torture.

Bush's visit to Afghanistan amounted to little more than a photo opportunity and a courtesy call on President Karzai and American troops. Upon his departure, the prison riot raged, and was finally resolved after days of painstaking negotiation. (One of the principal causes for the riot was according to an ICRC spokesman the Afghan government's decision to force prisoners to wear orange jumpsuits -- yes, the ones associated with Guantanamo Bay.)

Having watched Gonzales take questions after a speech at a prestigious London thinktank this morning, we can verify that his "defense" of US detention was extremely flimsy. He was vigorously questioned by a skeptical policymaker and journalist audience. He refused to acknowledge the primacy of international law, or even the European insistence on this point, proposing instead that the Geneva Conventions were becoming obsolete.

When asked whether the use of dogs was still allowed in prisoner interrogation, Gonzales could not come up with a correct answer, which is quite simply that the Pentagon has explicitly banned the use of dogs during interrogation.

(Not surprisingly, Reuters and the AP failed to accurately portray Gonzales' public appearance, merely parroting the points he made during his prepared remarks. Bloomberg was the only news service to relay the full session.)

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