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Context of 'June 28, 2004: After Transfer of Power to Iraqi Interim Government, US Continues to Control Two Prisons'

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Article 43 of the 1907 Hague IV convention on “Laws and Customs of War on Land” states that “[t]he authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall take all the measures in his power to restore, and ensure as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country.” Article 55 states, “The occupying State shall be regarded only as administrator and usufructuary of public buildings, real estate, forests, and agricultural estates belonging to the hostile State, and situated in the occupied country. It must safeguard the capital of these properties, and administer them in accordance with the rules of usufruct.” Most legal experts interpret these provisions to mean that an occupying military power cannot change the laws of a country it occupies. [Hague Convention IV, 10/18/1907; Whyte, 3/2007, pp. 181]

Timeline Tags: Iraq under US Occupation

Bradford Berenson.Bradford Berenson. [Source: PBS]In the weeks following 9/11, government lawyers begin to formulate a legal response to the newly perceived threat of terrorism. Four related issues are at hand: forceful prevention, detention, prosecution, and interrogation. What degree of force can the government employ to prevent acts of terrorism or apprehend suspected terrorists? How and where can it best detain terrorists if captured? How can it best bring them to trial? And how can it best obtain information from them on terrorist organizations and plots? These questions are handled in a new atmosphere that is more tolerant towards flexible interpretations of the law. Bradford Berenson, an associate White House counsel at this time, later recalls: “Legally, the watchword became ‘forward-leaning’ by which everybody meant: ‘We want to be aggressive. We want to take risks.’” [New York Times, 10/24/2004] This attitude is seemingly in line with the president’s thinking. Counterterrorism “tsar” Richard Clarke will later recall President Bush saying, “I don’t care what the international lawyers say. We are going to kick some ass” (see (9:00 p.m.-10:00 p.m.) September 11, 2001). [Clarke, 2004, pp. 23-24] At the center of legal reconstruction work are Alberto R. Gonzales, the White House counsel, his deputy Timothy E. Flanigan, and David S. Addington, legal counsel to Vice President Cheney. [New York Times, 12/19/2004] They will find a helpful hand in the Justice Department’s Office of Legal Counsel (OLC), most notably its head, Assistant Attorney General Jay S. Bybee [Los Angeles Times, 6/10/2004] and his deputies John C. Yoo [New York Times, 8/15/2004] and Patrick F. Philbin. Most of the top government lawyers dwell in fairly conservative circles, with many being a member of the Federalist Society, a conservative legal fraternity. Some have clerked for conservative Supreme Court Justices Antonin Scalia and Clarence Thomas, whose ruling effectively lead to the presidency being awarded to George W. Bush after the 2000 presidential election. [New York Times, 10/24/2004] Others worked for Judge Lawrence H. Silberman, who set up secret contacts with the Iranian government under President Reagan leading to the Iran-Contra scandal, and who advised on pursuing allegations of sexual misconduct by President Clinton. [Inter Press Service, 2/6/2004]

Entity Tags: Patrick F. Philbin, Richard A. Clarke, John C. Yoo, Joan Claybrook, Alberto R. Gonzales, Bradford Berenson, Jay S. Bybee, Alan M. Dershowitz, Rena Steinzor

Timeline Tags: Torture of US Captives, Civil Liberties

At a private lunch meeting, Vice President Cheney presents President Bush with a four-page memo, written in strict secrecy by lawyer John Yoo of the Justice Department’s Office of Legal Counsel (see November 6-10, 2001), and a draft executive order that establishes military commissions for the trial of suspected terrorists (see November 10, 2001). The legal brief mandates that foreign terrorism suspects held in US custody have no access to any courts whatsoever, civil, criminal, military, domestic, or foreign. They can be detained indefinitely without charges. If they are to be tried, they can be tried in closed “military commissions.” [White House, 11/13/2001; Savage, 2007, pp. 138; Washington Post, 6/24/2007]
Military Commissions Suitable to 'Unitary Executive' Agenda - According to author Craig Unger, military commissions are a key element of Cheney’s drive towards a “unitary executive,” the accretion of governmental powers to the presidency at the expense of the legislative and judicial branches. Federal trials for terror suspects would put them under all the legal procedures provided under the US judicial system, an unacceptable alternative. Military courts-martial would give them the rights granted by the Geneva Conventions. Military commissions, however, are essentially tribunals operating outside of both civilian and military law. Defendants have few rights. Secret evidence can be admitted without being disclosed to the defendants. Hearsay and coerced testimony are admissible. Prisoners can be held indefinitely. [Unger, 2007, pp. 221-222]
No Bureaucratic Footprints - After Bush peruses the memo and the draft order, Cheney takes them back with him to his office. After leaving Bush, Cheney takes extraordinary steps to ensure that no evidence of his involvement remains. The order passes from Cheney to his chief counsel David Addington, and then to associate White House counsel Bradford Berenson. At Berenson, the provenance of the order breaks, as no one tells him of its origin. Berenson rushes the order to deputy staff secretary Stuart Bowen with instructions to prepare it for signature immediately, without advance distribution to Bush’s top advisers. Bowen objects, saying that he had handled thousands of presidential documents without ever sidestepping the strict procedures governing coordination and review. Bowen relents only after being subjected to what he will later recall as “rapid, urgent persuasion” that Bush is standing by to sign and that the order is too sensitive to delay. Berenson will later say he understood that “someone had briefed” Bush “and gone over it” already. “I don’t know who that was.” When it is returned to Bush’s office later in the day, Bush signs it immediately (see November 13, 2001). Virtually no one else has seen the text of the memo. The Cheney/Yoo proposal has become a military order from the commander in chief.
Dodging Proper Channels - The government has had an interagency working group, headed by Pierre Prosper, the ambassador at large for war crimes, working on the same question (see Shortly Before September 23, 2001). But Cheney and Addington have refused to have any contact with Prosper’s group; one of Cheney’s team later says, “The interagency [group] was just constipated.” Cheney leapfrogged over Prosper’s group with their own proposal, performing an adroit bureaucratic move that puts their proposal in place without any oversight whatsoever, and cutting Prosper’s group entirely out of the process. When the news of the order is broadcast on CNN, Secretary of State Colin Powell demands, “What the hell just happened?” An angry Condoleezza Rice, the president’s national security adviser, sends an aide to find out. Virtually no one, even witnesses to the presidential signing, know that Cheney promulgated the order. In 2007, Washington Post reporters Barton Gellman and Jo Becker will call the episode “a defining moment in Cheney’s tenure” as vice president. Cheney has little Constitutional power, but his deft behind-the-scenes manuevering and skilled bureaucratic gamesmanship enable him to pull off coups like this one, often leaving even the highest White House officials none the wiser. “[H]e has found a ready patron in George W. Bush for edge-of-the-envelope views on executive supremacy that previous presidents did not assert,” the reporters write. [White House, 11/13/2001; Unger, 2007, pp. 221-222; Washington Post, 6/24/2007]
Quiet Contravening of US Law - Six years later, Unger will observe that few inside or outside Washington realize that Cheney has, within a matter of days, contravened and discarded two centuries of American law. He has given the president, in the words of former Justice Department lawyer Bruce Fein, “the functions of judge, jury, and prosecutor in the trial of war crimes [and] the authority to detain American citizens as enemy combatants indefinitely… a frightening power indistinguishable from King Louis XIV’s execrated lettres de cachet that occasioned the storming of the Bastille.” [Unger, 2007, pp. 223-224]

Entity Tags: Stuart W. Bowen, Office of Legal Counsel (DOJ), Richard (“Dick”) Cheney, US Department of Justice, John C. Yoo, David S. Addington, George W. Bush, Barton Gellman, Bradford Berenson, Jo Becker, Bruce Fein, Condoleezza Rice, Craig Unger, Colin Powell, Pierre-Richard Prosper

Timeline Tags: Civil Liberties

Deputy Assistant Attorney Generals Patrick Philbin and John Yoo send a memorandum to Pentagon General Counsel William J. Haynes offering the legal opinion that US courts do not have jurisdiction to review the detention of foreign prisoners at Guantanamo Bay. Therefore detentions of persons there cannot be challenged in a US court of law. The memo is endorsed by the Department of Defense and White House legal counsel Alberto Gonzales. [Newsweek, 5/24/2004] The memo addresses “the question whether a federal district court would properly have jurisdiction to entertain a petition for a writ of habeas corpus filed on behalf of an alien detained at the US naval base at Guantanamo Bay, Cuba.” The conclusion of Philbin and Yoo is that it cannot, based primarily on their interpretation of a decision by the US Supreme Court in the 1950 Eisentrager case, in which the Supreme Court determined that no habeas petition should be honored if the prisoners concerned are seized, tried, and held in territory that is outside of the sovereignty of the US and outside the territorial jurisdiction of any court of the US. Both conditions apply to Guantanamo according to Philbin and Yoo. Approvingly, they quote the US Attorney General in 1929, who stated that Guantanamo is “a mere governmental outpost beyond our borders.” A number of cases, quoted by the authors, “demonstrate that the United States has consistently taken the position that [Guantanamo Bay] remains foreign territory, not subject to US sovereignty.” Guantanamo is indeed land leased from the state of Cuba, and therefore in terms of legal possession and formal sovereignty still part of Cuba. But Philbin and Yoo acknowledge a problem with the other condition: namely that the territory is outside the US’s jurisdiction. They claim with certainty that Guantanamo “is also outside the ‘territorial jurisdiction of any court of the United States.’” However, the Supreme Court should not have made a distinction between jurisdiction and sovereignty here; the wording of the decision is really, Philbin and Yoo believe, an inaccurate reflection of its intent: “an arguable imprecision in the Supreme Court’s language.” For that reason, they call for caution. “A non-frivolous argument might be constructed, however, that [Guantanamo Bay], while not be part of sovereign territory of the United States, is within the territorial jurisdiction of a federal court.” [US Department of Justice, 12/28/2001 pdf file]

Entity Tags: John C. Yoo, Alberto R. Gonzales, Patrick F. Philbin, William J. Haynes

Timeline Tags: Torture of US Captives, Civil Liberties

John Yoo, a neoconservative lawyer in the Justice Department’s Office of Legal Counsel serving as deputy assistant attorney general, writes a classified memo to senior Pentagon counsel William J. Haynes, titled “Application of Treaties and Law to al-Qaeda and Taliban Detainees.” [New York Times, 5/21/2004]
Yoo: Geneva Conventions Do Not Apply in War on Terror - Yoo’s memo, written in conjunction with fellow Justice Department lawyer Robert Delahunty, echoes arguments by another Justice Department lawyer, Patrick Philbin, two months earlier (see November 6, 2001). Yoo states that, in his view, the laws of war, including the Geneva Conventions, do not apply to captured Taliban or al-Qaeda prisoners, nor do they apply to the military commissions set up to try such prisoners.
Geneva Superseded by Presidential Authority - Yoo’s memo goes even farther, arguing that no international laws apply to the US whatsoever, because they do not have any status under US federal law. “As a result,” Yoo and Delahunty write, “any customary international law of armed conflict in no way binds, as a legal matter, the president or the US armed forces concerning the detention or trial of members of al-Qaeda and the Taliban.” In essence, Yoo and Delahunty argue that President Bush and the US military have carte blanche to conduct the global war on terrorism in any manner they see fit, without the restrictions of law or treaty. However, the memo says that while the US need not follow the rules of war, it can and should prosecute al-Qaeda and Taliban detainees for violating those same laws—a legal double standard that provokes sharp criticism when the memo comes to light in May 2004 (see May 21, 2004). Yoo and Delahunty write that while this double standard may seem “at first glance, counter-intuitive,” such expansive legal powers are a product of the president’s constitutional authority “to prosecute the war effectively.” The memo continues, “Restricting the president’s plenary power over military operations (including the treatment of prisoners)” would be “constitutionally dubious.” [Mother Jones, 1/9/2002; US Department of Justice, 6/9/2002 pdf file; Newsweek, 5/21/2004; New York Times, 5/21/2004]
Overriding International Legal Concerns - Yoo warns in the memo that international law experts may not accept his reasoning, as there is no legal precedent giving any country the right to unilaterally ignore its commitment to Geneva or any other such treaty, but Yoo writes that Bush, by invoking “the president’s commander in chief and chief executive powers to prosecute the war effectively,” can simply override any objections. “Importing customary international law notions concerning armed conflict would represent a direct infringement on the president’s discretion as commander in chief and chief executive to determine how best to conduct the nation’s military affairs.” [Savage, 2007, pp. 146] The essence of Yoo’s argument, a Bush official later says, is that the law “applies to them, but it doesn’t apply to us.” [Newsweek, 5/21/2004] Navy general counsel Alberto Mora later says of the memo that it “espoused an extreme and virtually unlimited theory of the extent of the president’s commander-in-chief authority.” [Savage, 2007, pp. 181]
White House Approval - White House counsel and future Attorney General Alberto Gonzales agrees (see January 25, 2002), saying, “In my judgment, this new paradigm renders obsolete Geneva’s strict limitations on questioning of enemy prisoners and renders quaint some of its provisions.” [Mother Jones, 1/9/2002]
Spark for Prisoner Abuses - Many observers believe that Yoo’s memo is the spark for the torture and prisoner abuses later reported from Iraq’s Abu Ghraib prison (see Evening November 7, 2003), Guantanamo Bay (see December 28, 2001), and other clandestine prisoner detention centers (see March 2, 2007). The rationale is that since Afghanistan is what Yoo considers a “failed state,” with no recognizable sovereignity, its militias do not have any status under any international treaties. [Newsweek, 5/21/2004; Newsweek, 5/24/2004]
Resistance from Inside, Outside Government - Within days, the State Department will vehemently protest the memo, but to no practical effect (see January 25, 2002).

Entity Tags: Patrick F. Philbin, Robert J. Delahunty, US Department of Justice, Office of Legal Counsel (DOJ), Taliban, John C. Yoo, Colin Powell, Geneva Conventions, Al-Qaeda, George W. Bush, Alberto Mora, US Department of State, Alberto R. Gonzales, William J. Haynes

Timeline Tags: Torture of US Captives, Complete 911 Timeline, Civil Liberties

Kenneth Adelman.Kenneth Adelman. [Source: PBS]Neoconservative Kenneth Adelman, who served as an assistant to Defense Secretary Donald Rumsfeld from 1975-1977 and was arms control director in the Reagan administration, writes an op-ed for the Washington Post titled “Cakewalk in Iraq.” Adelman is straightforward in his insistence that defeating the Iraqi military and beginning a transition to a democratic government in Iraq will be a “cakewalk.” He derides predictions that the US could lose “thousands of troops in the process,” writing, “I believe demolishing Hussein’s military power and liberating Iraq would be a cakewalk.” He gives what he calls “simple, responsible reasons:” it was a cakewalk in 1991, Iraq is significantly weaker than during the Gulf War, and “now we’re playing for keeps.” Adelman details just how weak and insignificant the much-vaunted Iraqi ground forces are, and says that US forces are “much fiercer.” Between that quality and the sophisticated “gizmos”—unmanned Predator drones, “smart” bombs, and other technological wonders—Adelman says the Iraqi military should be routed with ease. He gives similar short shrift to the idea that the US needs to build a multinational coalition. In 1991, he writes, the US “engaged a grand international coalition because we lacked a domestic coalition. Virtually the entire Democratic leadership stood against that President Bush. The public, too, was divided.” The situation is different today. “This President Bush does not need to amass rinky-dink nations as ‘coalition partners’ to convince the Washington establishment that we’re right. Americans of all parties now know we must wage a total war on terrorism.” Saddam Hussein, and not Osama bin Laden’s al-Qaeda, is “the number one threat against American security and civilization. Unlike Osama bin Laden, he has billions of dollars in government funds, scores of government research labs working feverishly on weapons of mass destruction—and just as deep a hatred of America and civilized free societies.… Measured by any cost-benefit analysis, such an operation would constitute the greatest victory in America’s war on terrorism.” [Washington Post, 2/13/2002]

Entity Tags: Kenneth Adelman, George W. Bush

Timeline Tags: Events Leading to Iraq Invasion

A suspected Taliban member named Abdullah is taken into US custody, together with 34 other members of the Taliban army. According to Abdullah, the men have their heads hooded and their hands tied behind their backs with plastic zip ties. They are then taken to the US base in Kandahar where for several hours they are ordered to lie down on the stony ground. During this time, Abdullah is kicked in the ribs. The men are shaved of all their facial and body hair. Abdullah later complains that he was shaved by a woman. [Amnesty International, 8/19/2003] This means that the technique of “forced grooming,” authorized by Defense Secretary Donald Rumsfeld for use at Guantanamo between December 2, 2002 and January 15, 2003 (see December 2, 2002), is allegedly already being used in Afghanistan in the spring of 2002. This technique is considered extremely humiliating for Muslim males.

Entity Tags: Donald Rumsfeld

Timeline Tags: Torture of US Captives, War in Afghanistan

The POW-style treatment of detainees at Guantanamo by MP commander Gen. Rick Baccus (see March 28, 2002) does not resonate well with Pentagon and White House policymakers. [Newsweek, 5/24/2004] Pentagon officials complain that Baccus is “too nice” to the prisoners and makes it difficult for interrogators to extract information from them. Maj. Gen. Michael E. Dunlavey, head of the interrogators’ unit JTF-170, is reportedly irritated by Baccus’ decision allowing the International Committee of the Red Cross (ICRC) to put up posters informing detainees they need only provide interrogators with their name, rank, and number. [Guardian, 10/16/2002] Irritation with Baccus’s attitude towards detains will culminate in his dismissal (see October 9, 2002) on October 9.

Entity Tags: Rick Baccus, Michael E. Dunlavey

Timeline Tags: Torture of US Captives

Justice Department lawyer John Yoo, of the Office of Legal Counsel (OLC), signs off on a secret opinion that approves a long, disturbing list of harsh interrogation techniques proposed by the CIA. The list includes waterboarding, a form of near-drowning that some consider mock execution, and which has been prosecuted as a war crime in the US since at least 1901. The list only forbids one proposed technique: burying a prisoner alive (see February 4-5, 2004). Yoo concludes that such harsh tactics do not fall under the 1984 Convention Against Torture (see October 21, 1994 and July 22, 2002) because they will not be employed with “specific intent” to torture. Also, the methods do not fall under the jurisdiction of the International Criminal Court because “a state cannot be bound by treaties to which it has not consented”; also, since the interrogations do not constitute a “widespread and systematic” attack on civilian populations, and since neither Taliban nor al-Qaeda detainees are considered prisoners of war (see February 7, 2002), the ICC has no purview. The same day that Yoo sends his memo, Yoo’s boss, OLC chief Jay Bybee, sends a classified memo to the CIA regarding the interrogation of al-Qaeda members and including information detailing “potential interrogation methods and the context in which their use was contemplated” (see August 1, 2002). [US Department of Justice, 8/1/2002; Washington Post, 6/25/2007; American Civil Liberties Union [PDF], 1/28/2009 pdf file] Yoo will later claim that he warns White House lawyers, as well as Vice President Cheney and Defense Secretary Donald Rumsfeld, that it would be dangerous to allow military interrogators to use the harshest interrogation techniques, because the military might overuse the techniques or exceed the limitations. “I always thought that only the CIA should do this, but people at the White House and at [the Defense Department] felt differently,” Yoo will later say. Yoo’s words are prophetic: such excessively harsh techniques will be used by military interrogators at Guantanamo, Abu Ghraib, and elsewhere. [Washington Post, 6/25/2007]

Entity Tags: US Department of Defense, Richard (“Dick”) Cheney, Bush administration (43), Central Intelligence Agency, Convention Against Torture, Donald Rumsfeld, Office of Legal Counsel (DOJ), US Department of Justice, John C. Yoo

Timeline Tags: Torture of US Captives, Civil Liberties

The interrogation and abuse of suspect Mohamed al-Khatani (sometimes spelled “al-Qahtani”—see February 11, 2008) at Guantanamo Bay begins. He is alleged to have tried to enter the US to participate in the 9/11 plot as the twentieth hijacker. He is classified as “Detainee 063.” He is subjected to 160 days of isolation in a pen flooded 24 hours a day with bright artificial light, that treatment starting well before harsher interrogation tactics begin six weeks later (see November 23, 2002). The tactics include:
bullet He is interrogated for 48 of 54 days, for 18 to 20 hours at a stretch.
bullet He is stripped naked and straddled by taunting female guards, in an exercise called “invasion of space by a female.”
bullet He is forced to wear women’s underwear on his head and to put on a bra.
bullet He is threatened by dogs, placed on a leash, and told that his mother was a whore.
bullet He is stripped naked, shaved, and forced to bark like a dog.
bullet He is forced to listen to American pop music at ear-splitting volume. He is subjected to a phony kidnapping (see Mid-2003).
bullet He is forced to live in a cell deprived of heat
bullet He is given large quantities of intravenous liquids and denied access to a toilet
bullet He is deprived of sleep for days on end.
bullet He is forcibly given enemas, and is hospitalized multiple time for hypothermia.
Impact - Towards the end of the extended interrogation session, Al-Khatani’s heart rate drops so precipitously (to 35 beats a minute) that he is placed under cardiac monitoring. Interrogators meticulously note his reactions to his treatment, and make the following notes at various times: “Detainee began to cry. Visibly shaken. Very emotional. Detainee cried. Disturbed. Detainee began to cry. Detainee bit the IV tube completely in two. Started moaning. Uncomfortable. Moaning. Began crying hard spontaneously. Crying and praying. Very agitated. Yelled. Agitated and violent. Detainee spat. Detainee proclaimed his innocence. Whining. Dizzy. Forgetting things. Angry. Upset. Yelled for Allah. Urinated on himself. Began to cry. Asked God for forgiveness. Cried. Cried. Became violent. Began to cry. Broke down and cried. Began to pray and openly cried. Cried out to Allah several times. Trembled uncontrollably.” In November 2002, an FBI agent describes al-Khatani’s condition, writing that he “was talking to non-existent people, reporting hearing voices, [and] crouching in a corner of the cell covered with a sheet for hours on end.” Al-Khatani confesses to an array of terrorist activities and then recants them; he begs his interrogators to be allowed to commit suicide. The last days of al-Khatani’s interrogation session is particularly intense, since interrogators know that their authorization to use harsh techniques may be rescinded at any time. They get no useful information from him. By the end of the last interrogation, an Army investigator observes that al-Khatani has “black coals for eyes.” [New Yorker, 2/27/2006; Vanity Fair, 5/2008]
Reaching the Threshold - In the summer of 2007, Dr. Abigail Seltzer, a psychiatrist who specializes in trauma victims, reviews the logs of al-Khatani’s interrogations. Seltzer notes that while torture is not a medical concept: “[O]ver the period of 54 days there is enough evidence of distress to indicate that it would be very surprising indeed if it had not reached the threshold of severe mental pain…. If you put 12 clinicians in a room and asked them about this interrogation log, you might get different views about the effect and long-term consequences of these interrogation techniques. But I doubt that any one of them would claim that this individual had not suffered severe mental distress at the time of his interrogation, and possibly also severe physical distress.” Everything that is done to al-Khatani is part of the repertoire of interrogation techniques approved by Secretary of Defense Donald Rumsfeld (see December 2, 2002).
Fundamental Violation of Human Rights - In 2008, law professor Phillippe Sands will write: “Whatever he may have done, Mohammed al-Khatani was entitled to the protections afforded by international law, including Geneva and the torture convention. His interrogation violated those conventions. There can be no doubt that he was treated cruelly and degraded, that the standards of Common Article 3 were violated, and that his treatment amounts to a war crime. If he suffered the degree of severe mental distress prohibited by the torture convention, then his treatment crosses the line into outright torture. These acts resulted from a policy decision made right at the top, not simply from ground-level requests in Guantanamo, and they were supported by legal advice from the president’s own circle.” [Vanity Fair, 5/2008]

Entity Tags: Geneva Conventions, Mohamed al-Khatani, Donald Rumsfeld, Abigail Seltzer, Phillippe Sands

Timeline Tags: Torture of US Captives

Gen. Rick Baccus is relieved of his duties at Guantanamo and also as an officer in the Rhode Island National Guard. With regard to the latter position, his commanding officer in the Rhode Island National Guard, Maj. Gen. Reginald Centracchio, says he has fired him for reasons that “culminated in my losing trust and confidence in him.” One of those reasons, a National Guard spokesman says, is failing to keep headquarters up to date with reports on the well-being of troops. Baccus denies the allegation and expresses surprise. “I’m a little amazed that after being deployed for seven months, separated from my wife, family, and my job and being called to active duty, this is the kind of reception I’m getting.” [Guardian, 10/16/2002] In response to the allegation that his treatment of prisoners made it more difficult for the interrogators, Baccus states that “in no instance did I interfere with interrogations.” [Guardian, 10/16/2002] Paradoxically, this is exactly what the Pentagon is planning to change. Baccus’s sacking coincides with the merger of his Joint Task Force (JTF) 160 with military intelligence unit JTF-170 into a new JTF-GTMO. By doing this Rumsfeld will give military intelligence control of all aspects of the camp, including the MPs. [Newsweek, 5/24/2004] Military police, now called the Joint Detention Operations Group (JDOG), and the Joint Intelligence Group report directly to the commander of JTF-GTMO. The MPs are fully incorporated into a joint effort of extracting information from prisoners. Vice Admiral Albert T. Church III, naval inspector general, will later describe the arrangement during a press briefing in May 2004: “They monitor the detainees, they monitor their behavior, they monitor who the leaders are, who the followers are, they monitor what is said and they ask for an interpreter if there’s a lot of conversation going on. They’ll know eating habits, and they’ll record this in a management information system, which could be useful to the intelligence group, during the interrogations.” [US Department of Defense, 5/12/2004]

Entity Tags: Rick Baccus, Reginald Centracchio, Albert T. Church III, Donald Rumsfeld

Timeline Tags: Torture of US Captives

Two days after General Rick Baccus has been relieved from duty as the guard commander at Guantanamo (see October 9, 2002), and almost one and a half months since the writing of the Office of Legal Counsel’s (OLC) August memo on torture (see August 1, 2002), military intelligence at Guantanamo begin suggesting new rules of interrogation. Lieutenant Colonel Jerald Phifer, Director J2, sends a memo, to Major General Michael E. Dunlavey, Commander of Joint Task Force (JTF) 170, requesting approval for more severe interrogation techniques. [US Department of Defense, 10/11/2002 pdf file; New Yorker, 2/27/2008] In 2009, Senator Carl Levin (D-MI) will write (see April 21, 2009) that Dunlavey’s request is sparked by recent reports on the use of SERE training techniques for interrogation purposes (see January 2002 and After and April 16, 2002). [Huffington Post, 4/21/2009]
Three Categories of Techniques - The memo states, “The current guidelines for interrogation procedures at GTMO [Guantanamo] limit the ability of interrogators to counter advanced resistance.” Phifer proposes three categories of techniques. The mildest, which includes yelling and weak forms of deception, are included in category one. Category two techniques are more severe and require approval by an “interrogator group director.” They include the use of stress positions for up to four hours; use of falsified documents; isolation for up to 30 days; sensory deprivation and hooding; 20-hour interrogations; removal of comfort and religious items; replacing hot food with cold military rations; removal of clothing; forced grooming, including the shaving of beards; and playing on detainees’ phobias to induce stress, such as a fear of dogs. The harshest techniques, listed in category three, are to be reserved for a “very small percentage of the most uncooperative detainees” and only used with permission from the commander of the prison. These methods include using non-injurious physical contact like poking or grabbing; threatening a detainee with death or severe pain or threatening that a family member would be subjected to such harm; exposing him to cold weather or water; using a wet towel to “induce the misperception of suffocation.” [US Department of Defense, 10/11/2002 pdf file; New Yorker, 2/27/2008]
Desire to Extract More Information from Detainee - The request is prompted in part by military intelligence’s belief that Guantanamo detainee Mohamed al-Khatani has more information than the FBI has managed to extract from him. “Al-Khatani is a person in… whom we have considerable interest,” Dell’Orto will explain during a 2004 press briefing at the White House. “He has resisted our techniques. And so it is concluded at Guantanamo that it may be time to inquire as to whether there may be more flexibility in the type of techniques we use on him.” [Washington File, 6/23/2004]
JAG Officer Concludes Tactics are Legal - The same day, a staff judge advocate, Lieutenant Colonel Diane E. Beaver, reviews Phifer’s proposed techniques for legality and, while making qualifications and recommending further review, concludes in a memo to Dunlavey that they are legal. Also the same day, Dunlavey sends the list of techniques to his superior, General James T. Hill, commander of the Southern Command, requesting approval for their use. Dunlavey writes: “Although [the techniques currently employed] have resulted in significant exploitable intelligence the same methods have become less effective over time. I believe the methods and techniques delineated in the accompanying J-2 memorandum will enhance our efforts to extract additional information.” [US Department of Defense, 10/11/2002 pdf file] Beaver concludes that since President Bush had decided that all the detainees “are not protected by the Geneva Conventions” (see January 18-25, 2002, February 7, 2002), all of the desired techniques are allowable because “no international body of law directly applies.” [Savage, 2007, pp. 178]

Entity Tags: Rick Baccus, George W. Bush, James T. Hill, Carl Levin, Daniel J. Dell’Orto, Diane E. Beaver, Michael E. Dunlavey, Mohamed al-Khatani

Timeline Tags: Torture of US Captives

Maj. Gen. Geoffrey Miller assumes command of the new Joint Task Force (JTF) GTMO, which is the product of the merger of the military intelligence and military police units at Guantanamo (see October 9, 2002). [Amnesty International, 10/27/2004] Although he is reported not to have had any formal training in the operation of prisons or in intelligence, Miller comes to be seen at the Pentagon as largely successful in extracting information from the prisoners. “[H]e oversaw,” according to the Washington Post, “a transformation of the… detention center at Guantanamo Bay from a disorganized bundle of tents into an efficient prison that routinely produced what officials have called ‘moderately valuable’ intelligence for the war on terrorism.” [Washington Post, 5/16/2004] The “Tipton Three,”—Rhuhel Ahmed, Asif Iqbal, and Shafiq Rasul—also notice the difference. “We had the impression,” Rasul recalls, “that at the beginning things were not carefully planned but a point came at which you could notice things changing. That appeared to be after [the arrival of] Gen. Miller around the end of 2002.” Thus, according to the Tipton Three, it is under Miller that the practice of so called “short-shackling” begins, which is the chaining of prisoners into squatting or fetal positions. Miller’s arrival also heralds, according to the three Britons, the start of sexual humiliation, “loud music playing in interrogation, shaving beards and hair,… taking away people’s ‘comfort’ items, the introduction of levels, moving some people every two hours depriving them of sleep, [and] the use of A/C air.” Also, isolation periods are stepped up considerably. “Before, when people would be put into blocks for isolation, they would seem to stay for not more than a month. After he came, people would be kept there for months and months and months,” the three allege. “Isolation was always there.” Additionally, the occasional call for prayers is ended under Miller. [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file]

Entity Tags: Shafiq Rasul, Geoffrey D. Miller, Asif Iqbal, Rhuhel Ahmed

Timeline Tags: Torture of US Captives

The new commander at the Guantanamo detention facility, General Geoffrey Miller, receives a “voco”—a vocal command—to begin aggressively interrogating suspected “20th hijacker” Mohamed al-Khatani (see August 8, 2002-January 15, 2003). This is well before Defense Secretary Donald Rumsfeld gives written authorization for these techniques to be used (see November 27, 2002 and December 2, 2002), but after the request had been submitted for approval (see October 11, 2002). Considering Miller’s rank, it seems unlikely that anyone lower in the chain of command than Rumsfeld would have issued the order, and Rumsfeld is unlikely to make such a “voco” without the support of Pentagon general counsel William J. Haynes. The interrogation log of al-Khatani for November 23 indicates the immediate effect of the “voco”: “The detainee arrives at the interrogation booth. His hood is removed and he is bolted to the floor.” [Vanity Fair, 5/2008]

Entity Tags: William J. Haynes, Donald Rumsfeld, Mohamed al-Khatani, Geoffrey D. Miller

Timeline Tags: Torture of US Captives

James T. Hill.James T. Hill. [Source: Defense Department]Department of Defense General Counsel William J. Haynes sends Defense Secretary Donald Rumsfeld an “action memo” to approve a set of interrogation tactics for use. The techniques are to be used at the discretion of General James T. Hill, commander of the US Southern Command, and are those previously classified in Categories I and II, and the “mild, non-injurious contact” techniques from Category III that were suggested by the Guantanamo legal staff (see October 25, 2002). The mildest techniques, Category I, can be used by interrogators at will and include yelling and mild forms of deception. Category II techniques are to be approved by an “interrogator group director,” and include the use of stress positions for up to four hours; use of falsified documents; isolation of a detainee for up to thirty days; sensory deprivation and hooding; twenty-hour interrogations; removal of hygiene and religious items; enforced removal of clothing (stripping); forced grooming, including the shaving of beards; and playing on detainees’ phobias, such as a fear of dogs, to induce stress and break resistance. With regard to the remaining harsh techniques in Category III—physical contact, death threats, and use of wet towels (waterboarding)—Haynes writes that they “may be legally available [but] as a matter of policy, a blanket approval… is not warranted at this time.” Haynes mentions having discussed the matter with “the deputy, Doug Feith and General Myers,” who, he believes, join him in the recommendation. He adds, “Our armed forces are trained to a standard of interrogation that reflects a tradition of restraint.” [Human Rights Watch, 8/19/2004] Rumsfeld will sign the so-called “Haynes Memo” (see December 2, 2002), and add the following handwritten comment: “I stand for 8-10 hours a day. Why is standing limited to 4 hours?” [Vanity Fair, 5/2008]

Entity Tags: James T. Hill, Donald Rumsfeld, Douglas Feith, Richard B. Myers, William J. Haynes

Timeline Tags: Torture of US Captives

Rumsfeld’s handwritten note at the bottom of the memo he signs: “However, I stand for 8-10 hours a day. Why is standing limited to 4 hours?”Rumsfeld’s handwritten note at the bottom of the memo he signs: “However, I stand for 8-10 hours a day. Why is standing limited to 4 hours?” [Source: HBO]Defense Secretary Donald Rumsfeld approves General Counsel William J. Haynes’ recommendations for interrogations methods (see November 27, 2002) and signs the action memo. [Associated Press, 6/23/2004] He adds in handwriting: “However, I stand for 8-10 hours a day. Why is standing limited to 4 hours?” In signing the memo, Rumsfeld adds for use at Guantanamo Bay 16 more aggressive interrogation procedures to the 17 methods that have long been approved as part of standard US military practice. [New York Times, 8/25/2004] The additional methods, like interrogation sessions of up to 20 hours at a time and the enforced shaving of heads and beards, are otherwise prohibited under US military doctrine. [MSNBC, 6/23/2004]

Entity Tags: William J. Haynes, Donald Rumsfeld

Timeline Tags: Torture of US Captives

Naval General Counsel Alberto Mora, concerned about information he has learned about detainee abuse at Guantanamo (see December 17-18, 2002), calls his friend Steven Morello, the Army’s general counsel, and asks if he knows anything about the subject. Morello replies: “I know a lot about it. Come on down.”
'The Package' - In Morello’s office, Mora views what he calls “the package”—a collection of secret military documents that outline the origins of the coercive interrogation policies at Guantanamo. It begins with a request to use more aggressive interrogation tactics at Guantanamo (see October 11, 2002). Weeks later, the new head of the detention facility, Major General Geoffrey Miller, pushes senior Pentagon officials for more leeway in interrogations. On December 2, Defense Secretary Donald Rumsfeld gave his approval for the use of several more intensive interrogation tactics, including the use of “hooding,” “exploitation of phobias,” “stress positions,” “deprivation of light and auditory stimuli,” and other coercive methods forbidden from use by the Army Field Manual (see December 2, 2002). Rumsfeld does withhold his approval on the use of some methods such as waterboarding.
'Ashen-faced' - Morello tells Mora, “we tried to stop it,” but was told not to ask questions. A participant in the meeting recalls that Mora was “ashen-faced” when he read the package. According to Mora’s memo, Morello, “with a furtive air,” says: “Look at this. Don’t tell anyone where you got it.” Mora later says, “I was astounded that the secretary of defense would get within 100 miles of this issue.” (Morello will later deny showing Mora a copy of the memo.) Mora is similarly unimpressed by another document in the package, a legal analysis by Army lawyer Diane Beaver (see October 11, 2002), which he says will lead to the use of illegal torture by interrogators.
'Force Drift' - Naval Criminal Investigative Service (NCIS) psychologist Michael Gelles (see Early December, 2002) joins the meeting, and tells Mora that the Guantanamo interrogators are under intense pressure to achieve results. He tells Mora about the phenomenon of “force drift,” where interrogators using coercion begin to believe that if some force achieves results, then more force achieves better results. Mora determines to take action to bring the abuse to a close (see December 20, 2002). [New Yorker, 2/27/2006; Vanity Fair, 5/2008]

Entity Tags: Steven Morello, Naval Criminal Investigative Service, Alberto Mora, US Department of the Army, Donald Rumsfeld, Michael Gelles, Geoffrey D. Miller, US Department of Defense

Timeline Tags: Torture of US Captives, Civil Liberties

Alberto Mora, the Navy’s general counsel, has learned that possibly illegal interrogation techniques are being used against Guantanamo Bay detainees (see December 17-18, 2002). After getting the authorization of Gordon England, the secretary of the Navy, Mora meets with the Pentagon’s general counsel, William J. Haynes, in Haynes’s Pentagon office.
Meeting with Pentagon Counsel - In 2006, Mora will recall telling Haynes in the meeting that whatever its intent, Defense Secretary Donald Rumsfeld’s decision to allow extreme interrogation techniques (see December 2, 2002) is “torture.” Haynes replies, “No, it isn’t.” Mora asks Haynes to reconsider his opinions. For example, what does “deprivation of light and auditory stimuli” mean? Detention in a completely dark cell? For how long? Until he goes blind? And what does the phrase “exploitation of phobias” entail? Could it mean holding a detainee in a coffin? Threatening him with dogs, or rats? Can an interrogator drive a detainee insane? Mora notes that at the bottom of Rumsfeld’s memo, he asks why a detainee can be forced to stand for no longer than four hours a day when he himself often stands “for 8-10 hours a day.” While Rumsfeld may have intended to be humorous, Mora notes that Rumsfeld’s comment could be used as a defense argument in future terrorist trials. (In 2006, Lawrence Wilkerson will say of Rumsfeld’s comment: “It said, ‘Carte blanche, guys.’ That’s what started them down the slope. You’ll have My Lais then. Once you pull this thread, the whole fabric unravels.”) Mora leaves the office hoping that Haynes will come around to his point of view and convince Rumsfeld to withdraw the memo. He will be sharply disappointed (see July 7, 2004). [New Yorker, 2/27/2006] He later calls the interrogation practices “unlawful and unworthy of the military services.” [Savage, 2007, pp. 179]
Haynes Close to Cheney's Office - Mora may not be aware that in meeting with Haynes, he is also in effect engaging the office of Vice President Dick Cheney. Haynes is a protege of Cheney’s neoconservative chief of staff, David Addington. Haynes worked as Addington’s special assistant when Addington served under then-Defense Secretary Cheney in 1989, and Addington promoted Haynes to the office of general counsel of the Army. When George W. Bush took office in 2001, Haynes was awarded the position of the Pentagon’s general counsel. Addington has played key roles in almost all of the administration’s legal arguments in favor of extreme interrogation techniques and detainee policies. One former government lawyer will describe Addington as “the Octopus” because his hands seem to reach into every legal issue. Many of Haynes’s colleagues know that information moves rapidly between Haynes’s and Cheney’s offices. While not a hardline neoconservative like Addington and many other Cheney staffers, Haynes is, as one former Pentagon colleague will call him, “pliant” to serving the agenda of the vice president. [New Yorker, 2/27/2006]

Entity Tags: Alberto Mora, Gordon England, David S. Addington, William J. Haynes, Lawrence Wilkerson, Donald Rumsfeld, US Department of Defense, George W. Bush, Richard (“Dick”) Cheney

Timeline Tags: Torture of US Captives, Civil Liberties

Alberto Mora, the Navy’s general counsel, learns to his dismay that the torturing and abuse of prisoners at Guantanamo Bay is continuing (see December 17-18, 2002), even after a meeting with the Pentagon’s chief counsel, William J. Haynes. Mora had hoped that Haynes would put a stop to the extreme techniques being used (see December 20, 2002). Mora has read an article in the Washington Post detailing allegations of CIA mistreatment of prisoners at Bagram Air Force Base in Afghanistan; the story notes that the director of Human Rights Watch, Kenneth Roth, believes that US officials who knew about such treatment could be charged with crimes under the doctrine of command responsibility. [Washington Post, 12/26/2002; New Yorker, 2/27/2006] The specific allegations detailed in the story closely parallel what Mora knows were authorized at Guantanamo Bay. Mora continues to argue against the intense interrogation techniques, and his arguments quickly reach the ears of top Pentagon officials such as Deputy Defense Secretary Paul Wolfowitz; Captain Jane Dalton, the legal adviser to the Joint Chiefs of Staff; Pentagon spokeswoman Victoria Clarke; and Defense Secretary Donald Rumsfeld, who had authorized harsh interrogation techniques at Guantanamo a month before (see December 2, 2002). [New Yorker, 2/27/2006]

Entity Tags: Victoria (“Torie”) Clarke, Kenneth Roth, Alberto Mora, Paul Wolfowitz, Central Intelligence Agency, Jane Dalton, Donald Rumsfeld, William J. Haynes

Timeline Tags: Torture of US Captives, Civil Liberties

A Special Mission Unit (SMU) Task Force lawyer in Afghanistan (see Early 2002) writes in a classified legal review that Defense Secretary Donald Rumsfeld’s authorization of harsh interrogation methods (see December 2, 2002) “provides us the most persuasive argument for use of ‘advanced techniques’ as we capture possible [high value targets]… the fact that SECDEF [Rumsfeld] approved the use of the… techniques at GTMO [Guantanamo], [which is] subject to the same laws, provides an analogy and basis for use of these techniques [in accordance with] international and US law.” [Huffington Post, 4/21/2009]

Entity Tags: Donald Rumsfeld

Timeline Tags: Torture of US Captives

Pentagon General Counsel William J. Haynes reportedly meets with Defense Secretary Donald Rumsfeld to discuss concerns over the use of interrogation techniques at Guantanamo that were approved by Rumsfeld in December (see December 2, 2002). Rumsfeld, according to Dell’Orto, calls Gen. James T. Hill and suspends the use of the category two and the single category three technique. [Washington File, 6/23/2004]

Entity Tags: William J. Haynes, Donald Rumsfeld, James T. Hill, Daniel J. Dell’Orto

Timeline Tags: Torture of US Captives

In a memo to General Counsel William J. Haynes, Defense Secretary Donald Rumsfeld, without an explanation, rescinds his authorization for the majority of the interrogation methods he approved in December (see December 2, 2002). The remaining methods can only be used with his express approval and on an individual basis. [New York Times, 8/25/2004] He also forms a panel of top Defense Department officials, known as the General Counsel Interrogation Working Group, “to assess the legal, policy, and operational issues relating to the interrogations of detainees held by the US Armed Forces in the war on terrorism.” This should ultimately result in the development of proper interrogation techniques. [MSNBC, 6/23/2004] The working group will consist of people working in the offices of Haynes, Douglas Feith, the military departments, and the Joint Staff. Haynes will be the panel’s chairman. [US Department of Defense, 8/23/2004 pdf file]

Entity Tags: Donald Rumsfeld, Douglas Feith, William J. Haynes

Timeline Tags: Torture of US Captives

The US military command in Afghanistan, Combined Joint Task Force (CJTF) 180, issues a memo on interrogation techniques, which includes nudity on the list of effective interrogation methods, despite this tactic being presumably barred by Defense Secretary Rumsfeld on January 15 (see January 15, 2003) for use at Guantanamo and in Afghanistan. According to Maj. Gen. George R. Fay, who will write a detailed report on detention operations (see August 25, 2004), the document “highlighted that deprivation of clothing had not historically been included in battlefield interrogations.” However he will add, “It went on to recommend clothing removal as an effective technique that could potentially raise objections as being degrading or inhumane, but for which no specific written legal prohibition existed.” [US Department of Defense, 8/23/2004 pdf file] The document also speaks of exploiting the Arab fear of dogs. [US Department of Defense, 8/23/2004 pdf file] Rumsfeld also banned the use of dogs for interrogation purposes in his January 15 order (see January 15, 2003).

Entity Tags: Donald Rumsfeld, George R. Fay

Timeline Tags: Torture of US Captives, War in Afghanistan

British Attorney General Lord Goldsmith warns Prime Minister Tony Blair in a memo that any measures taken in Iraq by the occupying powers not related to the issue of security would be unlawful without an additional security council resolution. “My view is that a further security council resolution is needed to authorize imposing reform and restructuring of Iraq and its government,” Lord Goldsmith writes. “The government has concluded that the removal of the current Iraqi regime from power is necessary to secure disarmament, but the longer the occupation of Iraq continues, and the more the tasks undertaken by an interim administration depart from the main objective, the more difficult it will be to justify the lawfulness of the occupation.” He says that attempts to implement “wide-ranging reforms of governmental and administrative structures,” change the status of public officials or judges except in exceptional cases, or “the imposition of major structural economic reforms would not be authorized by international law.” Goldsmith also expressed this opinion orally during a cabinet meeting. [Guardian, 5/22/2003] The basis for Goldsmith’s position is likely the Hague regulations of 1907 (see October 18, 1907), which requires that an occupying power respect the laws of the country it occupies. [New York Times, 1/10/2004; FPIF Policy Report, 7/2004]

Entity Tags: Tony Blair, Peter Henry Goldsmith

Timeline Tags: Iraq under US Occupation

At the request of the Coalition Provisional Authority, the Federal Reserve Bank sends the CPA $20 million in $1, $5, and $10 bills. The money is drawn from the Development Fund for Iraq (DFI) and special US Treasury accounts containing revenues from sales of Iraqi oil exports, surplus dollars from the UN-run oil-for-food program, and frozen assets that belonged to the government of Saddam Hussein. This is the first of several shipments, totaling some $12 billion, that will be made over the next 14 months. [US Congress, 2/6/2007 pdf file]

Entity Tags: US Federal Reserve, Coalition Provisional Authority

Timeline Tags: Iraq under US Occupation

In a report, the Pentagon working group (see January 15, 2003) recommends the adoption of 35 interrogation techniques. Twenty-six of them are recommended for use in interrogations of all unlawful combatants held outside the US. The remaining nine are considered “exceptional” and recommended for use only on unlawful combatants suspected of holding “critical intelligence.” The advice is clearly not for the public eye. “Should information regarding the use of more aggressive interrogation techniques than have been used traditionally by US forces become public,” the panel warns in its report, “it is likely to be exaggerated or distorted in the US and international media accounts, and may produce an adverse effect on support for the war on terrorism.” [MSNBC, 6/23/2004]

Entity Tags: US Department of Defense

Timeline Tags: Torture of US Captives

The Baghdad Museum is evacuated and locked by its curators, who anticipate Baghdad being overrun by American troops within the next few hours. The last three on the grounds are the director, Dr. Jaber Khalil; the director of the State Board of Antiquities, Donny George; and the curator in charge of the museum’s collections, Dr. Nawala al-Mutawalli. They are forced to flee the grounds because Iraqi militiamen have sought cover around the museum, and they fear a firefight. The entire area is under US control by April 9; by April 10, the Army has left the area without posting guards. George pleads for the Army to return to prevent looting, but is ignored. Much of the looting that ravages the museum’s collection takes place on April 12 (see April 13, 2003). The international outcry against the looting is so fierce that the Army will begin posting guards on April 16. [United Press International, 6/23/2003]

Entity Tags: Nawala al-Mutawalli, Jaber Khalil, National Museum of Iraq, Donny George, Iraqi State Board of Antiquities

Timeline Tags: Iraq under US Occupation

Unchecked looting of Iraqi ministries.Unchecked looting of Iraqi ministries. [Source: Representational Pictures]Widespread looting and general lawlessness breaks out as the security forces of the Baathist regime fade away. Countless age-old treasures are lost when museums are looted (see April 13, 2003). [Associated Press, 4/10/2003; CBC News, 4/11/2003] US officers at Central Command in Qatar tell CBC news it is up to Iraq’s own civil authorities to stop the looting. “At no point do we really see becoming a police force,” says Brigadier General Vincent Brooks. “What we see is taking actions that are necessary to create stability.” [CBC News, 4/12/2003; Washington Post, 8/18/2005] The Coalition Provisional Authority later estimates the cost of the looting at around $12 billion. According to reporter George Packer, the looting canceled out the “projected revenues of Iraq for the first year after the war. The gutted buildings, the lost equipment, the destroyed records, the damaged infrastructure, would continue to haunt almost every aspect of the reconstruction.” [Unger, 2007, pp. 302]

Entity Tags: Coalition Provisional Authority, Vincent Brooks, George Packer

Timeline Tags: Iraq under US Occupation

The priceless Warka Vase, looted from the National Museum and later returned.The priceless Warka Vase, looted from the National Museum and later returned. [Source: Art Daily (.com)]In a press briefing, Defense Secretary Donald Rumsfeld dismisses the wave of looting and vandalism throughout much of Iraq (see April 9, 2003 and After April 9, 2003) with the comment, “Stuff happens.” The looting is “part of the price” for freedom and democracy, he says, and blames “pent-up feelings” from years of oppression under the rule of Saddam Hussein. He goes on to note that the looting is not as bad as some television and newspaper reports are trying to make it out to be (see Late April-Early May, 2003 and May 20, 2003). “Freedom’s untidy, and free people are free to make mistakes and commit crimes and do bad things,” he tells reporters. “They’re also free to live their lives and do wonderful things. And that’s what’s going to happen here.” General Richard Myers, chairman of the Joint Chiefs of Staff, who is with Rumsfeld at the press briefing, agrees. “This is a transition period between war and what we hope will be a much more peaceful time,” he says. CNN describes Rumsfeld as “irritated by questions about the looting.” Rumsfeld says that the images of Iraqi citizens ransacking buildings gives “a fundamental misunderstanding” of what is happening in Iraq. “Very often the pictures are pictures of people going into the symbols of the regime, into the palaces, into the boats and into the Ba’ath Party headquarters and into the places that have been part of that repression,” he explains. “And while no one condones looting, on the other hand one can understand the pent-up feelings that may result from decades of repression and people who’ve had members of their family killed by that regime, for them to be taking their feelings out on that regime.” [US Department of Defense, 4/11/2003; CNN, 4/12/2003]
Accuses the Media of Exaggeration - Rumsfeld accuses the media of exaggerating the violence and unrest throughout the country: “I picked up a newspaper today and I couldn’t believe it. I read eight headlines that talked about chaos, violence, unrest. And it just was Henny Penny—‘The sky is falling.’ I’ve never seen anything like it! And here is a country that’s being liberated, here are people who are going from being repressed and held under the thumb of a vicious dictator, and they’re free. It’s just unbelievable how people can take that away from what is happening in that country! Do I think those words are unrepresentative? Yes.” [US Department of Defense, 4/11/2003] “Let me say one other thing,” he adds. “The images you are seeing on television you are seeing over, and over, and over, and it’s the same picture of some person walking out of some building with a vase, and you see it 20 times, and you think: ‘My goodness, were there that many vases? Is it possible that there were that many vases in the whole country?’” [Huffington Post, 4/11/2009]
'Looting, Lawlessness, and Chaos on the Streets of Iraq' - The next day, Toronto Star columnist Antonia Zerbiasias reports: “All day long, all over the dial, the visuals revealed looting, lawlessness, and chaos on the streets of Iraq. Nothing was off-limits, not stores, not homes, not embassies, certainly not Saddam Hussein’s palaces nor government buildings and, most disgustingly, not even hospitals.” She is “astonished” at Rumsfeld’s words, and observes that “the only free anything the Iraqis are going to get in the next little while is going to be whatever they can ‘liberate’ from electronics shops. Maybe Rumsfeld’s marketing people can come up with a slogan for that.” [Toronto Star, 4/12/2003]
Archaelogists Outraged at Rumsfeld's Remarks - Historians and archaeologists around the world are outraged at Rumsfeld’s remarks. Jane Waldbaum, the president of the Archaeological Institute of America, says her agency warned the US government about possible looting as far back as January 2003. She says she is as horrified by Rumsfeld’s cavalier attitude towards the looting as she is with the looting itself. “Donald Rumsfeld in his speech basically shrugged and said: ‘Boys will be boys. What’s a little looting?’” she says. “Freedom is messy, but freedom doesn’t mean you have the freedom to commit crimes. This loss is almost immeasurable.” [Salon, 4/17/2003]
Failure to Protect Hospitals, Museums - Four days after Rumsfeld makes his remarks, progressive columnist John Nichols notes that had a Democratic or liberal government official made such remarks, Republicans and conservatives would be “call[ing] for the head” of that official. Nichols notes what Rumsfeld failed to: that looters stripped hospitals, government buildings, and museums to the bare walls. He also asks why US soldiers did not stop the looting, quoting the deputy director of the Iraqi National Museum, Nabhal Amin, as saying: “The Americans were supposed to protect the museum. If they had just one tank and two soldiers nothing like this would have happened.” Nichols notes the irony in the selection of the Oil Ministry as the only government building afforded US protection. He concludes: “When US and allied troops took charge of the great cities of Europe during World War II, they proudly defended museums and other cultural institutions. They could have done the same in Baghdad. And they would have, had a signal come from the Pentagon. But the boss at the Pentagon, Donald Rumsfeld, who had promised to teach the Iraqi people how to live in freedom, was too busy explaining that rioting and looting are what free people are free to do.” [Nation, 4/15/2003]
Fired for Confronting Rumsfeld over Remark - Kenneth Adelman, a neoconservative member of the Defense Policy Board (DPB) who before the war said that the invasion of Iraq would be a “cakewalk” (see February 13, 2002), later confronts Rumsfeld over the “stuff happens” remark. In return, according to Adelman’s later recollection, Rumsfeld will ask him to resign from the DPB, calling him “negative.” Adelman will retort: “I am negative, Don. You’re absolutely right. I’m not negative about our friendship. But I think your decisions have been abysmal when it really counted. Start out with, you know, when you stood up there and said things—‘Stuff happens.‘… That’s your entry in Bartlett’s [Famous Quotations]. The only thing people will remember about you is ‘Stuff happens.’ I mean, how could you say that? ‘This is what free people do.’ This is not what free people do. This is what barbarians do.… Do you realize what the looting did to us? It legitimized the idea that liberation comes with chaos rather than with freedom and a better life. And it demystified the potency of American forces. Plus, destroying, what, 30 percent of the infrastructure.” Adelman will recall: “I said, ‘You have 140,000 troops there, and they didn’t do jack sh_t.’ I said, ‘There was no order to stop the looting.’ And he says, ‘There was an order.’ I said, ‘Well, did you give the order?’ He says, ‘I didn’t give the order, but someone around here gave the order.’ I said, ‘Who gave the order?’ So he takes out his yellow pad of paper and he writes down—he says, ‘I’m going to tell you. I’ll get back to you and tell you.’ And I said, ‘I’d like to know who gave the order, and write down the second question on your yellow pad there. Tell me why 140,000 US troops in Iraq disobeyed the order. Write that down, too.’ And so that was not a successful conversation.” [Vanity Fair, 2/2009]

Entity Tags: John Nichols, US Department of Defense, Jane Waldbaum, Richard B. Myers, Kenneth Adelman, Iraqi Oil Ministry, Nabhal Amin, Donald Rumsfeld, Antonia Zerbiasias, Iraqi National Museum

Timeline Tags: Iraq under US Occupation

Deputy curator Mohsen Hassan sits amidst the wreckage in the National Museum.Deputy curator Mohsen Hassan sits amidst the wreckage in the National Museum. [Source: Getty Images / Salon]The New York Times reports that in the four days of looting in Baghdad and other Iraqi cities (see April 9, 2003 and After April 9, 2003), the National Museum of Iraq has been almost completely pillaged. Over 170,000 artifacts have been stolen or destroyed from the museum, which once boasted an irreplaceable collection of artifacts from Mesopotamia dating back as far as 7,000 years. The Times reports that archaeologists and specialists once regarded the museum as “perhaps the richest of all such institutions in the Middle East.” Only today have museum curators and government officials been able to start cataloguing the losses, as the waves of looting have begun to ebb, and fires set in dozens of government buildings begun to burn themselves out. While some treasures may have been stored in safes and vaults, the 28 galleries of the museum, and the museum’s main storage vaults, have been “completely ransacked,” the Times reports. What could not be taken was vandalized; 26 huge statues were methodically decapitated. Museum officials are enraged that US troops refused to protect the building (with one exception, a single intervention on April 10 that lasted about half an hour). The museum’s corridors are littered with smashed ceramics and burned-out torches of rags soaked in gasoline. “All gone, all gone,” one curator says. “All gone in two days.” Iraqi archaeologist Raid Abdul Ridhar Muhammed describes a crowd of thousands of looters armed with rifles, pickaxes, knives, clubs, and hunks of metal torn from automobiles. He watched as they stormed in and out of the complex, carrying precious antiquities away in wheelbarrows and handcarts. Deputy curator Mohsen Hassan watched helplessly as men with sledgehammers smashed glass display cases to get at the valuables inside. Some of the looters were from the impoverished districts of Baghdad, Hassan recalls, but many were middle class citizens who seemed to know just what they were looking for. “Did some of them know the value of what they took?” Hassan says. “Absolutely, they did. They knew what the most valued pieces in our collection were.” Muhammed blames the Americans for not securing the museum, as do many other Iraqis. “A country’s identity, its value and civilization resides in its history,” he says. “If a country’s civilization is looted, as ours has been here, its history ends. Please tell this to President Bush. Please remind him that he promised to liberate the Iraqi people, but that this is not a liberation, this is a humiliation.” [New York Times, 4/13/2003; St. Petersburg Times, 2/6/2005] Later investigations prove that many of the antiquities thought looted were actually hidden away by museum curators (see June 13, 2003).

Entity Tags: National Museum of Iraq, Raid Abdul Ridhar Muhammed, New York Times, Mohsen Hassan

Timeline Tags: Iraq under US Occupation

Undersecretary for Political Affairs Marc Grossman says in an interview with Free Iraqi Television: “Soon Iraqis will be able to give us guidance about how to move forward and create an Iraqi interim authority. And that authority will begin to allow Iraqis to have sovereignty over their country and in a way that Iraqis will choose; they will create an Iraqi Government.” [Free Iraqi Television, 4/16/2003]

Entity Tags: Marc Grossman

Timeline Tags: Events Leading to Iraq Invasion, Iraq under US Occupation

White House envoy to Iraq Zalmay Khalilzad writes in an op-ed piece published in the Wall Street Journal: “The coalition supports the formation, as soon as possible, of the Iraqi Interim Authority—a transitional administration, run by Iraqis, until a government is established by the people of Iraq through elections. The Interim Authority should be broad-based and fully representative.” [Wall Street Journal, 4/17/2003]

Entity Tags: Project for the New American Century

Timeline Tags: Events Leading to Iraq Invasion, Iraq under US Occupation

About a dozen US soldiers witness looters stealing high explosives from the Al Qaqaa ammunition site in northern Babil Province over a span of several days. The Al Qaqaa facility is where hundreds of tons of some of Iraq’s most powerful conventional explosives have been stored since 1991 (see May 2003); at least nine of its bunkers were unsealed by US troops days before (see April 18, 2003). In October 2004 the International Atomic Energy Agency will inform the US that around 380 tons of high explosives from Qaqaa are missing (see October 10, 2004 and October 25, 2004). The US soldiers, Army reservists and National Guardsmen, will say in November 2004 that they are unable to prevent the looting because they are drastically outnumbered. Some of the soldiers call their commanders to request help in securing the site, but receive no reply. The soldiers later describe watching Iraqis heave explosives from unsecured bunkers into Toyota pickup trucks. They try, with little success, to deter the looters; one noncommissioned officer will recall: “We were running from one side of the compound to the other side, trying to kick people out.… On our last day there, there were at least 100 vehicles waiting at the site for us to leave so looters could come in and take munitions.” Another officer will recall: “It was complete chaos. It was looting like [Los Angeles] during the Rodney King riots.” The soldiers who recall the events for the Los Angeles Times ask not to be identified, fearing reprisals from the Pentagon. When US search teams visit the facility on May 8, they find it “had been looted and stripped and vandalized.” No IAEA-monitored materials are found. No US forces were specifically delegated to guard the Al Qaqaa facility, codenamed “Objective Elm” by US strategists. Marine units are later delegated to guard the facility; one senior Marine officer will say in November 2004: “That site was just abandoned by the 101st Airborne, and there was never a physical handoff by the 101st to the Marines. They just left. We knew these sites were being looted, but there was nothing we could do about it.… There was no plan to prevent these weapons from being used against us a year later.” [Los Angeles Times, 11/4/2004]

Entity Tags: US Department of the Army, International Atomic Energy Agency, US Marine Corps

Timeline Tags: Iraq under US Occupation

The International Atomic Energy Agency (IAEA) warns US officials that the Al Qaqaa military facility must be kept under close supervision. The facility has long been a storage cache for hundreds of tons of extremely powerful explosives such as HMX and RDX since 1991, when, in the aftermath of the Gulf War, the UN locked down the facility. In 1996, the United Nations used some of the Al Qaqaa explosives to destroy a large Iraqi germ warfare facility. The IAEA repeatedly warned the US about the explosives cache before the March invasion; with the current wave of looting and depredations occurring around the country (see April 9, 2003), terrorists or other unfriendlies could, the agency says, help “themselves to the greatest explosives bonanza in history.” In October 2004, the IAEA will come to believe that looting of the explosives began in April 2003 because of “the theft and looting of the governmental installations due to lack of security.” That same month, the US media will learn that at least 380 tons of explosives from the Al Qaqaa cache have gone missing (see October 10, 2004 and October 25, 2004). [New York Times, 10/25/2004]

Entity Tags: United Nations, International Atomic Energy Agency

Timeline Tags: Iraq under US Occupation

Lieutenant General William Wallace tells the Financial Times that, contrary to reports, there was very little looting of antiquities from Baghdad’s National Museum. “[A]s few as 17 items were unaccounted for,” Wallace says. Curators and archaeologists have reported massive looting and vandalism, with over 170,000 artifacts and priceless objects either missing or destroyed (see April 13, 2003). [United Press International, 6/23/2003]

Entity Tags: William Wallace, National Museum of Iraq

Timeline Tags: Iraq under US Occupation

The US and Britain submit a proposed resolution to the UN Security Council that would declare the two countries to be “occupying powers” in Iraq. Under international law, occupying powers must meet certain legal obligations. The proposed resolution would also give the US and Britain full control of Iraq’s oil revenues. [Guardian, 5/10/2003] The resolution will be approved in its final form on May 22 (see May 22, 2003).

Entity Tags: United Nations Security Council

Timeline Tags: Iraq under US Occupation

Just over two weeks after President Bush visits the the USS Abraham Lincoln to declare an end to major combat operations in Iraq in the infamous “Mission Accomplished” appearance (see May 1, 2003), the administration’s plan to implement Iraqi self-rule is postponed “indefinitely” due to looting and lawlessness. [Rolling Stone, 9/21/2006 pdf file]

Entity Tags: George W. Bush

Timeline Tags: Iraq under US Occupation

The UN Security Council unanimously passes Resolution 1483, which lifts sanctions on Iraq, legitimizes the occupation by coalition forces, and gives the occupying powers control over Iraq’s natural resources. The resolution also states that coalition authorities must “comply fully with their obligations under international law including in particular the Geneva Conventions of 1949 and the Hague Regulations of 1907.” The Hague Regulations require that occupying powers respect the laws of the country it occupies. Additionally, the resolution creates the Development Fund for Iraq (DFI), which is to be funded with Iraqi oil revenues, frozen Iraqi assets being held outside the US, and $8.1 billion in funds transferred from the UN-administered Oil-for-Food program. The resolution mandates that Iraq’s DFI funds be “in a transparent manner to meet the humanitarian needs of the Iraqi people… and for other purposes benefiting the people of Iraq.” It requires that management of the funds “be audited by independent public accountants approved by the International Advisory and Monitoring Board of the Development Fund for Iraq.” [UN Security Council, 5/22/2003, pp. 4 pdf file; Guardian, 5/23/2003]

Entity Tags: Development Fund for Iraq, United Nations Security Council

Timeline Tags: Iraq under US Occupation

US administrator in Iraq Paul Bremer announces that Iraq’s economy will be revived through “free trade.” “A free economy and a free people go hand in hand,” he says, adding that the occupation powers “would like to see market prices brought into the economy… [and the] privatization of key elements.” State subsidies—which up until now have supplied ordinary Iraqis with affordable food, gasoline, and other essentials—will eventually be eliminated. According to Bremer, “history tells us that substantial and broadly held resources, protected by private property, private rights, are the best protection of political freedom. Building such prosperity in Iraq will be a key measure of our success here.” The Washington Post notes that “Iraqis would most likely not be deciding for themselves what kind of economy will replace the state-planned system that functioned under deposed president Saddam Hussein.” The paper also warns that “dismantling Iraq’s state-managed system holds big risks for the occupation authority at a time when most Iraqis are struggling to get by.” [Agence France-Presse, 5/26/2003; Washington Post, 5/27/2003; Sydney Morning Herald, 5/28/2003] Bremer also announces the creation of a trade-credit authority that would extend generous lines of credit to Iraq’s ministries, government-owned factories, and private companies so they can import needed goods and equipment (much of which had disappeared during the initial period of mass looting, see April 9, 2003). [New York Times, 5/26/2003; Agence France-Presse, 5/26/2003; Washington Post, 5/27/2003] “It will be a substantial credit facility that first symbolically indicates to the world that Iraq is open for business and also provides a practical incentive to people who want to trade with Iraq,” Bremer says. The agency will be funded by private banks and the Central Bank of Iraq [Agence France-Presse, 5/26/2003] , which is being overseen by Peter McPherson, a former deputy Treasury secretary and a Bank of America executive. [Washington Post, 5/9/2003] Bremer says that American and British companies will be among the first to benefit from these lines of credit. [New York Times, 5/26/2003]

Entity Tags: L. Paul Bremer, Peter McPherson

Timeline Tags: Iraq under US Occupation

According to journalist Seymour Hersh, by the summer of 2003, US-led forces have conquered Iraq but it becomes increasingly obvious that there is a growing insurgency movement. However, the US knows very little about the insurgency. A secret military report from the time states, “Human intelligence is poor or lacking… due to the dearth of competence and expertise.” Defense Secretary Donald Rumsfeld and his close assistant Under-Secretary of Defense for Intelligence Steven Cambone try to solve this problem by authorizing increasingly aggressive interrogation of detainees in Iraq prisons. Maj. Gen. Geoffrey Miller, commander of the Guantanamo (or “Gitmo”) prison in Cuba, comes to Iraq with a plan to “Gitmoize” the prisons in Iraq to make them more geared towards interrogation (see August 31, 2003-September 9, 2003). A former intelligence official will later tell Hersh, “They weren’t getting anything substantive from the detainees in Iraq. No names. Nothing that they could hang their hat on. Cambone says, I’ve got to crack this thing and I’m tired of working through the normal chain of command. I’ve got this apparatus set up—the black special-access program—and I’m going in hot.” The program mentioned is Operation Copper Green, which allows secret task forces to capture and interrogate wanted figures with very little oversight, and which is expanded to Iraq around this time. This official continues, “And it’s working. We’re getting a picture of the insurgency in Iraq and the intelligence is flowing into the white world. We’re getting good stuff. But we’ve got more targets” - meaning Iraqi detainees -“than people who can handle them.” As a result, Cambone decides to include some of the military intelligence officers working in the Iraqi prisons in the special access programs that are a part of Operation Copper Green. “So here are fundamentally good soldiers—military-intelligence guys—being told that no rules apply. And, as far as they’re concerned, this is a covert operation, and its’ to be kept within Defense Department channels.” As a result, more and more people, including the MPs (military police) pictured in the later Abu Ghraib abuse photographs, get involved in these covert programs that have almost no accountability and the stage is set for abuses to occur. The official says, “as soon as you enlarge the secret program beyond the oversight capability of experienced people, you lose control.” By the end of 2003, this official claims that senior CIA officials were complaining. “They said, ‘No way. We signed up for the core program in Afghanistan—pre-approved for operations against high-value terrorist targets—and now you want to use it for cabdrivers, brothers-in-law, and people pulled off the streets.’” The CIA supposedly ends its involvement with the covert programs in Iraqi prisons, although exactly when this happens is not clear. [New Yorker, 5/24/2004]

Entity Tags: Geoffrey D. Miller, Donald Rumsfeld, Seymour Hersh, Operation Copper Green, Stephen A. Cambone

Timeline Tags: Torture of US Captives

Administrator for Iraq Paul Bremer issues Regulation Number 2, which governs how the Coalition Provisional Authority (CPA) will manage the Development Fund for Iraq. The regulation states that the funds will be “managed in a transparent manner for and on behalf of the Iraqi people, consistent with [UN Security Council] Resolution 1483 (see May 22, 2003), and that all disbursements from the Fund are for purposes benefiting the people of Iraq.” It also says that the CPA will “obtain the services of an independent, certified public accounting firm” to audit the fund’s management. [Coalition Provisional Authority, 6/10/2003 pdf file]

Entity Tags: L. Paul Bremer, Coalition Provisional Authority

Timeline Tags: Iraq under US Occupation

A panel from the ancient and priceless ‘Treasure of Nimrod,’ originally believed to be stolen but later restored to the National Museum.A panel from the ancient and priceless ‘Treasure of Nimrod,’ originally believed to be stolen but later restored to the National Museum. [Source: Zeenaraqi (.com)]UPI columnist John Bloom delves into the mystery of the looted antiquties from Baghdad’s National Museum. Curators and archaologists report over 170,000 antiquties and artifacts either stolen or destroyed, and massive damage done to the building itself (see April 8-12, 2003 and April 13, 2003). On the other hand, General William Wallace has claimed that “as few as 17 items were unaccounted for” (see May 7, 2003). After some research, Bloom claims that virtually everyone involved in the affair is lying to some degree, and, he writes, “the reporters on the scene have been played for patsies.”
Mystery Man - Apparently, Bloom finds, the controversy centers on Donny George, who is officially the director general of research and study for the State Board of Antiquities. George is not the director of the museum; that position is filled by Dr. Jaber Khalil, who “is never quoted in Western news accounts,” Bloom reports. Instead, George became the museum spokesman early in the occupation. He is also a liar, according to Bloom. Reporters say that George gave them the 170,000 figure on or around April 13. George says he never made such a claim. There were 170,000 pieces in the entire collection, he says, but he has no idea how many were stolen or vandalized. The story has become politicized, Bloom writes, somewhat in the US and far more so in Britain, where war critics have seized on the story as evidence of the lack of respect the Pentagon has for the culture of a nation it has seized. The Pentagon calls the museum a military outpost for Saddam Hussein’s Republican Guard, and its pillaging an understandable reaction from the Iraqi people who hated Hussein and his Ba’athist thugs. After the April looting, archaeological expert Dan Cruikshank, who works for the BBC, attempted to piece together a picture of what exactly was and was not taken. He divided the museum into three main areas:
bullet The galleries themselves. Most of the looting and vandalism took place here. But the galleries had been cleared of much of their valuables. Curators had been planning for this months in advance, having gone through looting after the 1991 Gulf War. They feared both citizen thieves and vengeful Kuwaitis traveling with the US troops. They hid the smaller items, leaving behind only antiquities that could not be stolen without mechanical equipment. Somewhere between 17 and 50 major items were either stolen or vandalized; another 15 items sustained major damage.
bullet The museum offices and conservation rooms, where the safes, keys, and equipment are kept. These areas were heavily looted, but mostly of modern equipment such as computers, fax machines, and copiers.
bullet Five secret storerooms known only to the curators. These are reinforced, locked vaults located in various places throughout the museum. Here is where most of the museum’s treasures were hidden away. Experts who visited the museum after the April looting found that three had not been opened, including one room stuffed with tens of thousands of Greek and Roman gold coins. One had been opened with a key, indicating an inside job. The fifth had been broken into and some items stolen.
Squirreled Away - George was one of the first and loudest of lamenters on April 13, blaming US soldiers for their indifference and lamenting the museum that had been, in Bloom’s description, “overrun by a ravenous horde.” However, George kept a few facts to himself. One, he put the most prized possessions of the museum into a secret vault; only George himself knows where that vault is. Two, many museum staff members took items home to protect them. Three, most of the gold items, including 600 historically priceless pieces of jewelry from the Treasure of Nimrod, are safe in a vault underneath the Iraqi Central Bank. They have been there since the days of the Iran-Iraq war. Four, at least one of the secret storerooms was found to have housed not only antiquities, but parts of a machine gun, an unexploded hand grenade, and a rocket-propelled grenade. The room itself has slit windows giving an excellent field of fire for the street below. This discovery gives some truth to the Army’s contention that its soldiers had taken fire from the museum.
Playing Both Sides - Bloom moves into the realm of admitted speculation in trying to divine George’s underlying motivation. He believes George, who held high rank in the Ba’athist regime, wanted to play his cards close to his chest until he could be sure how everything was going to settle out, not offending either the US occupiers or the Ba’athists, who might, as happened in 1991, end up remaining in power. He also believes George wanted to protect valuable artifacts that had disappeared from the museum long before the war. He wonders if George was collaborating with Saddam Hussein, defending the museum against the depredations of the notoriously rapacious Hussein family (who had no compunctions about selling treasures on the international market), or perhaps both.
Planned Burglary - Bloom and Cruikshank both believe that during the April 12 looting, the same people who plundered the museum in years past came back to steal one more time. Five of the most valuable items were snatched, smuggled out of the country apparently through Damascus, Syria, and sold on the black market in Tehran and Paris. Bloom writes: “That’s what stolen-to-order means. They had lined up buyers in Europe long before the war broke out.” Bloom and Cruikshank also cannot figure out how two of the most valuable artifacts—a 4,500-year-old alabaster relief vase and a 4,250-year-old bronze statue—were stolen. “It would have taken, at the least, a block and tackle, a hoist, and a pickup to get them out of the museum.” Did no one see any of this? Bloom asks.
Real Losses - It seems clear that several thousand antiquities and valuables were indeed looted. The latest figure, from UNESCO and the US Customs Service, hovers around 2,000 to 3,000, notwithstanding the claims of General Wallace. Bloom notes, “Even if the losses are limited to 50 priceless items and 3,000 lesser items, that’s still the most significant robbery of antiquities in living memory.” John Russell of the Massachusetts College of Art said in late May: “It’s only by comparison with the most dire initial reports that said everything was gone that it seems not so bad. Yes, not everything is gone, but major things are.” Other sites suffered worse depredations—the archaelogical digs at Larsa, Nineveh, Hatra, Mosul, Babylon, and the Sumerian city of Umma, among others. Bloom writes: “Lost in all the claims and counter-claims about who was responsible, who was lying, and what was done or not done, was the fact that the whole affair was based on a libel against the Iraqi people—that they would destroy their own citadel of history. It would be the equivalent of thousands of Americans rampaging through the Smithsonian Institution like cannibals.” Cruikshank says flatly, “It is simply not true that the people of Baghdad looted their own museum.” [New York Times, 6/1/2003; United Press International, 6/23/2003]

Entity Tags: US Department of Defense, John Russell, John Bloom, Jaber Khalil, Iraqi State Board of Antiquities, Donny George, Dan Cruikshank, National Museum of Iraq, William Wallace

Timeline Tags: Iraq under US Occupation

The 519th Military Intelligence Battalion produces a memo laying down new “Interrogation Rules of Engagement” (IROE), for use in its new mission in Iraq. [US Department of the Army, 3/9/2004] The person apparently mostly responsible for writing the memo is Cpt. Carolyn A. Wood, formerly in charge of military intelligence interrogators at Bagram, which serves as the main screening area in Afghanistan. [Guardian, 6/23/2004] Col. Billy Buckner, the chief public affairs officer at Fort Bragg, home to the 519th Military Intelligence Battalion, later says that Wood brought the interrogations rules used at Bagram with her to Iraq. [Associated Press, 5/24/2004] But the rules are also adapted and made somewhat less aggressive. “Those rules were modified,” according to Buckner, “to make sure the right restraints were in place.” [Guardian, 6/23/2004] The modifications nevertheless fall outside normal military doctrine. According to a classified portion of the later Fay report (see August 25, 2004), the memo allows the “use of stress positions during fear-up harsh interrogation approaches, as well as presence of military working dogs, yelling, loud music,… light control,” sleep management, and isolation. [New York Review of Books, 10/7/2004] The memo is adopted from interrogation procedures known as “Battlefield Interrogation Team and Facility Policy,” in use by a secretive unit called Joint Task Force (JTF) 121 , that is active in both Iraq and Afghanistan. The 519th Military Intelligence Battalion worked in close cooperation with Special Operations Forces like JTF-121 during its tour in Afghanistan, and “at some point,” according to the Fay report, it “came to possess the JTF-121 interrogation policy.” [New York Times, 8/27/2004] Cpt. Wood adopts the JTF-121 policy “almost verbatim.” [New York Times, 8/27/2004] Like the highest US command in Iraq, the 519th Military Intelligence Battalion apparently believes the standard Army Field Manual is an insufficient guideline for interrogations. Interrogation techniques falling outside the scope of standard military doctrine have already been devised at the Pentagon, but only for use in Afghanistan and Guantanamo Bay. These “non-doctrinal approaches, techniques, and practices,” according to Gen. George R. Fay, nevertheless, become “confused at Abu Ghraib.” [US Department of the Army, 3/9/2004] JTF-121 consists of CIA officials and Special Operations troops, including soldiers from the Army’s Delta Force and Navy Seals. The unit is later alleged to have been instrumental in the capture of Saddam Hussein. [New York Times, 5/17/2004]

Entity Tags: Troy Armstrong, George R. Fay, Saddam Hussein, Carolyn A. Wood

Timeline Tags: Torture of US Captives

Map of the US-occupied “Green Zone” inside Baghdad.Map of the US-occupied “Green Zone” inside Baghdad. [Source: Representational Pictures]There is a growing realization within the Department of Defense that the militant resistance in Iraq against the US and British occupation has been underestimated. An internal Pentagon document notes: “Their ability to attack convoys, other vulnerable targets and particular individuals has been the result of painstaking surveillance and reconnaissance. Inside information has been passed on to insurgent cells about convoy/troop movements and daily habits of Iraqis working with coalition from within the Iraqi security services, primarily the Iraqi Police force which is rife with sympathy for the insurgents, Iraqi ministries and from within pro-insurgent individuals working with the CPA’s so-called Green Zone…. Politically, the US has failed to date. Insurgencies can be fixed or ameliorated by dealing with what caused them in the first place. The disaster that is the reconstruction of Iraq has been the key cause of the insurgency. There is no legitimate government, and it behooves the Coalition Provisional Authority to absorb the sad but unvarnished fact that most Iraqis do not see the Governing Council as the legitimate authority. Indeed, they know that the true power is the CPA.” The report emphasizes that intelligence on the people involved in Iraq’s domestic uprising is insufficient. “Human intelligence is poor or lacking… due to the dearth of competence and expertise…. The intelligence effort is not coordinated since either too many groups are involved in gathering intelligence or the final product does not get to the troops in the field in a timely manner.” [New Yorker, 5/24/2004] The study is a contributing factor in the decision by the civilian leadership of the Pentagon to seek “actionable intelligence” from detainees being held in Iraq’s detention facilities (see August 31, 2003-September 9, 2003). [New Yorker, 5/24/2004]

Entity Tags: US Department of Defense

Timeline Tags: Torture of US Captives, Iraq under US Occupation

Defense Secretary Donald Rumsfeld directs his undersecretary of defense for intelligence, Stephen Cambone, to send Maj. Gen. Geoffrey Miller to Iraq to review the US military prison system in Iraq and make suggestions on how the prisons can be used to obtain “actionable intelligence” from detainees. Cambone passes the order on to his deputy Lt. Gen. William Boykin who meets with Miller to plan the trip. [Washington Post, 5/21/2004; Newsweek, 5/24/2004]

Entity Tags: William Boykin, Stephen A. Cambone, Donald Rumsfeld, Geoffrey D. Miller

Timeline Tags: Torture of US Captives, Events Leading to Iraq Invasion

The “Hard Site” at Abu Ghraib is officially opened for use. Maj. Gen. George R. Fay, who much later reports (see August 25, 2004) on what happens at the prison, will say he believes the opening of the Hard Site “marked the beginning of the serious abuse that occurred.” [US Department of the Army, 3/9/2004]

Entity Tags: George R. Fay

Timeline Tags: Torture of US Captives

Geoffrey Miller.Geoffrey Miller. [Source: US Army]Major General Geoffrey Miller, who oversees the prison at Guantanamo (see November 4, 2002), flies to Iraq for a 10-day consulting trip (see August 18, 2003). He is part of a team “experienced in strategic interrogation… to review current Iraqi theater ability to rapidly exploit internees for actionable intelligence” and to review the arrangements at the US military prisons in Iraq. [Washington Post, 5/9/2004; New Yorker, 5/17/2004; Washington Post, 8/24/2004; Savage, 2007, pp. 190] The team consists of 17 interrogation experts from Guantanamo Bay, and includes officials from the CIA and the Defense Intelligence Agency (DIA). [Washington Post, 6/12/2004]
Attempt to Increase Flow of 'Actionable Intelligence' - The Pentagon’s decision to dispatch the team on this mission was influenced by the military’s growing concern that the failure of coalition forces to quell resistance against the occupation was linked to a dearth in “actionable intelligence” (see August 2003). [New Yorker, 5/24/2004] Miller has therefore come to help Brigadier General Barabara Fast improve the results of her interrogation operations. More to the point, he is supposed to introduce her to the techniques being used at Guantanamo. [New Yorker, 6/21/2004; Signal Newspaper, 7/4/2004] Officials are hoping detainees will provide intelligence on weapons of mass destruction and Saddam Hussein, who is still on the loose. [Washington Post, 5/16/2004]
'Gitmoizing' Abu Ghraib - “[Miller] came up there and told me he was going to ‘Gitmoize’ the detention operation,” Brigadier General Janis L. Karpinski, later recalls. [Washington Post, 5/9/2004] Miller will later deny he used the word “Gitmoize.” [Washington Post, 5/12/2004] During Miller’s visit, a Joint Interrogation and Debriefing Center (JIDC) is established in order to centralize the intelligence operations at the prison. Captain Carolyn A. Wood is made officer in charge (OIC) of the Interrogation Coordination Element (ICE), within the JIDC. [US Department of Defense, 8/23/2004 pdf file] Before returning to Washington, Miller leaves a list of acceptable interrogation techniques—based on what has been used in Guatanamo—posted on a wall in Abu Ghraib, which says that long term isolation, sleep disruption, “environmental manipulation,” and “stress positions” can be used to facilitate interrogations, but only with the approval of Lieutenant General Ricardo Sanchez on a case-by-case basis. [Washington Post, 5/21/2004] The use of dogs is also included, even though the technique was banned at Guantanamo eight months before by Defense Secretary Donald Rumsfeld (see January 15, 2003). [Washington Post, 7/19/2004; US Department of Defense, 8/23/2004 pdf file] Karpinski later recalls, “He said they are like dogs and if you allow them to believe at any point that they are more than a dog then you’ve lost control of them.” [BBC, 6/15/2004] Miller’s visit to Iraq heralds some significant changes, which include, first, the introduction of more coercive interrogation tactics; second, the taking control of parts of the Abu Ghraib facility by military intelligence; and third, the use of MPs in the intelligence collection process. During his visit, Miller discusses interrogation techniques with military intelligence chief Colonel Thomas M. Pappas. [New York Times, 5/13/2004]
'Snowballing' Effect of Chaos, Brutality - “The operation was snowballing,” Samuel Provance, a US military intelligence officer, will later recall, describing the situation at Abu Ghraib after Miller’s visit. “There were more and more interrogations. The chain of command was putting a lot of resources into the facility.” And Karpinski will later say that she was being shut out of the process at about this time. “They continued to move me farther and farther away from it.” [Washington Post, 5/20/2004] Major General Anthony Taguba (see March 9, 2004) will later determine that Miller’s visit helped bring about the complete breakdown of discipline at the prison: “Interrogators actively requested,” at Miller’s behest, “that MP guards set physical and mental conditions for favorable interrogations of witnesses.” In essence, Miller tells guards to “soften up” prisoners so they will not be able to resist their inquisitors. Miller will later deny any responsibility for the Abu Ghraib torture program (see May 4, 2004). [Savage, 2007, pp. 190]

Entity Tags: Barbara G. Fast, Antonio M. Taguba, Carolyn A. Wood, Samuel Provance, Janis L. Karpinski, Thomas M. Pappas, Geoffrey D. Miller

Timeline Tags: Torture of US Captives

In an interview, the US officer in charge of interrogations at Abu Ghraib acknowledges that, as per the directive from Defense Secretary Rumsfeld (see December 2, 2002), detainees are subjected to stress positioning. Stress positions are a violation of the Geneva Conventions. [Huffington Post, 4/21/2009]

Entity Tags: Geneva Conventions, Donald Rumsfeld

Timeline Tags: Torture of US Captives

Rumsfeld visiting Abu Ghraib (his jacket is held over his back in both pictures). Karpinski is in both pictures as well. Rumsfeld visiting Abu Ghraib (his jacket is held over his back in both pictures). Karpinski is in both pictures as well. [Source: Associated Press (top) and CBC (bottom)]Defense Secretary Donald Rumsfeld visits the Abu Ghraib prison in Iraq. He is guided by Brig. Gen. Janis Karpinski. It is not known otherwise who he visits, how long he stays there, or what is discussed. [New York Times, 5/14/2004] However, his visit comes exactly at the time (late August-early September 2003) that Rumsfeld expands Operation Copper Green to Iraq, allowing interrogators to use more aggressive techniques, such as sexual humiliation (see (Late August 2003 or September 2003)). Rumsfeld’s visit also comes in the middle of a week-long visit to Abu Ghraib by Maj. Gen. Geoffrey D. Miller, who is there with a team pushing for more aggressive interrogation techniques in order to get more actionable intelligence out of the detainees (see August 31, 2003-September 9, 2003).

Entity Tags: Donald Rumsfeld, Janis L. Karpinski

Timeline Tags: Torture of US Captives

Shortly after Major General Geoffrey Miller’s visit (see August 31, 2003-September 9, 2003) to Iraq, three “Tiger Teams,” consisting of six personnel, arrive at the Abu Ghraib prison facility. Each team consists of an interrogator, analyst, and linguist, who work together as a team. The use of Tiger Teams is an approach that has been successfully used at the Guantanamo detention facility. Gen. George R. Fay, in his later report (see August 25, 2004), will say he believes the Tiger Team concept was not appropriate for Abu Ghraib, because the “method was designed to develop strategic level information,” instead of tactical intelligence. [US Department of Defense, 8/23/2004 pdf file]

Entity Tags: George R. Fay, Geoffrey D. Miller

Timeline Tags: Torture of US Captives

Maj. Michael D. Thompson arrives at Abu Ghraib at the request of Col. Thomas M. Pappas to develop the Joint Interrogation and Debriefing Center (JIDC), formally established during Major General Geoffrey Miller’s 10-day visit (see August 31, 2003-September 9, 2003). By December 2003, the JIDC will have a total of approximately 160 personnel including 45 interrogators and 18 translators. [US Department of Defense, 8/23/2004 pdf file]

Entity Tags: Michael D. Thompson, Thomas M. Pappas, Geoffrey D. Miller

Timeline Tags: Torture of US Captives

The legal experts at the Office of the Staff Judge Advocate (OSJA) issue a memorandum amending the set of interrogation rules included in a September 10 memo (see September 10, 2003) by military legal experts in Iraq. The additional methods included in that memo can only be used with prior approval by Lieutenant General Ricardo Sanchez on a case-by-case basis, the OSJA document says. [US Department of Defense, 8/23/2004 pdf file] Like Major General Geoffrey Miller, the OSJA stresses the importance of collaboration between MPs and intelligence personnel. It also provides “safeguards such as legal reviews of the interrogation plans and scrutiny of how they were carried out,” the Washington Post later reports. [Washington Post, 6/12/2004] Additionally, the memo discusses how the Arab fear of dogs can be exploited. [US Department of Defense, 8/23/2004 pdf file] According to a later report (see August 25, 2004) by General George R. Fay, interrogators at Abu Ghraib immediately adopt the new set of rules. But Staff Judge Advocate Colonel Mark Warren will recall that the memo is not implemented until its approval by the US Central Command (CENTCOM). [US Department of Defense, 8/23/2004 pdf file] Evidence, however, supports the Fay report. “After mid-September 2003,” Fay will write, “all [s]oldiers assigned to Abu Ghraib had to read a memorandum titled IROE [Interrogations Rules of Engagement], acknowledging they understood the ICRP, and sign a confirmation sheet indicating they had read and understood the ICRP.” [US Department of Defense, 8/23/2004 pdf file] According to classified documents uncovered by the Senate Armed Services Committee (see April 21, 2009), CENTCOM lawyers begin objecting to the policies almost immediately. One e-mail, from a CENTCOM lawyer to a Staff Judge Advocate, warns, “Many of the techniques appear to violate [Geneva Conventions] III and IV and should not be used.” [Huffington Post, 4/21/2009]

Entity Tags: George R. Fay, Senate Armed Services Committee, Geoffrey D. Miller, Marc Warren, Ricardo S. Sanchez

Timeline Tags: Torture of US Captives

A mortar attack kills two soldiers at Abu Ghraib, and injures Lt. Col. Steven L. Jordan and ten other soldiers. Jordan, who has only just arrived at the prison (see September 17, 2003), is extremely traumatized by the deaths of the two soldiers, one of whom suffered immensely. Two Iraqis, a man and a woman, are quickly apprehended on suspicion of involvement in the mortar attack and brought to the prison where a team of military intelligence soldiers and the MP Internal Reaction Force (IRF) are waiting for them. Two military intelligence soldiers yell at the man and begin hitting him, while he remains passive and handcuffed. MP 1st Lt. David Sutton intervenes and stops the beating. The detainee is released later in the day when his involvement in the attack is determined unlikely. The abuse is subsequently reported to Forward Operating Base (FOB) Commander Lt. Col. Jerry L. Phillabaum. The MPs and five military intelligence soldiers who were present at the incident all provide witness statements. Interestingly, as Maj. Gen. George R. Fay later relates (see August 25, 2004), “While the MP statements all describe abuse at the hands of an unidentified MI [Military Intelliigence] person…, the MI statements all deny any abuse occurred.” Phillabaum reports the incident to the Criminal Investigation Division (CID), which determines there are insufficient grounds for prosecution. [US Department of Defense, 8/23/2004 pdf file]

Entity Tags: George R. Fay, Jerry L. Phillabaum, David Sutton, Steven L. Jordan

Timeline Tags: Torture of US Captives

San Diego Business Address of North Star Consultants, Inc.San Diego Business Address of North Star Consultants, Inc. [Source: NBC News]North Star Consultants, Inc. wins a $1.4 million contract to review the Coalition Provisional Authority’s internal controls for managing Iraq’s funds and provide the CPA with a written evaluation. The small firm is not a certified public accounting firm as is required by both UN Security Council Resolution 1483 (see May 22, 2003) and the CPA’s Regulation Number 2 (see June 10, 2003). [US Congress, 2/6/2007 pdf file] The firm is so small that it operates out of a private home near San Diego. [MSNBC, 2/17/2005] A 2004 audit performed by the Special Inspector General for Iraq Reconstruction will find that “North Star Consultants did not perform a review of internal controls as required by the contract. Consequently, internal controls over DFI disbursements were not evaluated. In addition, the Comptroller verbally modified the contract and employed the contractor to primarily perform accounting tasks in the Comptroller’s officer.” [Special Inspector General for Iraq Reconstruction, 7/28/2006, pp. 7 pdf file] A single Northstar employee will reportedly use spreadsheets, not accounting software, to track the $20 billion that the CPA will spend on Iraq’s behalf between April 2003 and June 28, 2004. Of that amount, $12 billion is in cash (see June 25, 2004). [MSNBC, 2/17/2005]

Entity Tags: North Star Consultants, Coalition Provisional Authority

Timeline Tags: Iraq under US Occupation

Amjed Isail Waleed arrives at Abu Ghraib and is designated a high-value detainee and assigned number 151365. [US Department of Defense, 8/23/2004 pdf file] He is immediately taken to the Hard Site and beaten by MPs. [Rolling Stone, 7/28/2004] Guards “put me in a dark room and started hitting me in the head and stomach and legs,” he later testifies. [Rolling Stone, 7/28/2004] He is then forced to strip and for five days he is left naked in his cell [Washington Post, 5/21/2004] where he is cuffed in stressful positions, a treatment known as “high cuffed.” [US Department of Defense, 8/23/2004 pdf file] He is also forced to kneel with a bag over his head for four hours, denied bedding or blankets, [Washington Post, 5/21/2004] and chained to a window in his cell and forced to wear women’s underwear on his head. [US Department of Defense, 8/23/2004 pdf file] One time a soldier slams Waleed’s head against the wall, causing the hood he is wearing to fall off. “One of the police was telling me to crawl, in Arabic, so I crawled on my stomach, and the police were spitting on me when I was crawling and hitting me on my back, my head, and my feet. It kept going on until their shift ended at four o’clock in the morning. The same thing would happen in the following days.” Later, one day in November, five soldiers take him into a room, put a bag over his head and begin to beat him up. “I could see their feet, only, from under the bag.… Some of the things they did was make me sit down like a dog, and they would hold the string from the bag, and they made me bark like a dog, and they were laughing at me.” [Rolling Stone, 7/28/2004] A civilian interpreter, hired from Titan Corp., at one time hits him so hard, that he cuts his ear badly enough to require stitches. After several beatings that are so severe that he loses consciousness, he is forced to lie on the ground, while MPs jump onto his back and legs. [US Department of Defense, 8/23/2004 pdf file] “One of the police was pissing on me and laughing at me.” [Rolling Stone, 7/28/2004] Another day he is allegedly grabbed by US soldiers who hold him down and spread his legs. Another soldier meanwhile starts to open his trousers. “I started screaming,” he recalls. A soldier steps on his head. [Washington Post, 5/21/2004] He is also beaten with a broom. [US Department of Defense, 8/23/2004 pdf file] Someone breaks a chemical light and pours the liquid over his body, which is witnessed by another detainee. “I was glowing and they were laughing,” he says. [Washington Post, 5/21/2004] He is then taken to another room where a police baton is used to sodomize him. “And one of the police, he put a part of his stick that he always carries inside my ass, and I felt it going inside me about two centimeters, approximately. And I started screaming, and he pulled it out and he washed it with water inside the room.” [Rolling Stone, 7/28/2004] In the meantime, two female MPs are hitting him, throwing a ball at his penis, and taking photographs. [US Department of Defense, 8/23/2004 pdf file] “And the two American girls that were there when they were beating me, they were hitting me with a ball made of sponge on my dick. And when I was tied up in my room, one of the girls, with blond hair, she is white, she was playing with my dick. I saw inside this facility a lot of punishment just like what they did to me and more. And they were taking pictures of me during all these instances.” [Rolling Stone, 7/28/2004] Over the next few months, Waleed is subjected to six interrogations. Maj. George R. Fay (see August 25, 2004) will later conclude after an investigation into treatment of detainees at Abu Ghraib, “It is highly probable [the detainee’s] allegations are true.” [US Department of Defense, 8/23/2004 pdf file]

Entity Tags: George R. Fay, Amjed Isail Waleed, Titan

Timeline Tags: Torture of US Captives

Lt. Gen. Ricardo Sanchez writes a classified memo calling for a “harmonization” of policing and intelligence tasks at Abu Ghraib in order to ensure “consistency with the interrogation policies… and maximize the efficiency of the interrogation.” [Washington Post, 5/16/2004] The memo instructs that intelligence is to work more closely with military police in order to “manipulate an internee’s emotions and weaknesses” by controlling the detainee’s access to “lighting, heating,… food, clothing, and shelter.” [Washington Post, 5/21/2004] It says that “it is imperative that interrogators be provided reasonable latitude to vary their approach” according to the prisoner’s background, strengths, resistance, and other factors. [Washington Post, 5/16/2004] The memo is a revision of Gen. Geoffrey Miller’s September 9 memo (see September 9, 2003), which included a list of acceptable interrogation techniques. Sanchez’s memo, however, drops the list replacing it with a general statement that “anything not approved, you have to ask for,” and adding that the detainees must be treated humanely and that any dogs used during the interrogations must be muzzled. [Washington Post, 5/16/2004; Washington Post, 5/21/2004] Larry Wilkerson, the chief of staff to Secretary of State Colin Powell, later says that such instructions are well understood to be honored on paper only. He will say, “When you read [a memo like this], you read, for example, that dogs can be used but they have to be muzzled. Well, I’m a soldier. I know what that means to an E-6 [noncommissioned officer] that is trying to question a guy and he’s got a German shepherd with a muzzle on there. If that doesn’t work, the muzzle comes off. If that doesn’t work, you kind of let the dog leap at the guy and maybe every now and then take a bite out of him (see November 20, 2003). It’s a very careful crafting of a memo… ” [Dubose and Bernstein, 2006, pp. 191-192]

Entity Tags: Ricardo S. Sanchez, Lawrence Wilkerson

Timeline Tags: Torture of US Captives

Abu Ghraib prisoner Abd Alwhab Youss is punished after guards accuse him of plotting to attack an MP with a broken toothbrush that he allegedly sharpened to make a weapon. [US Department of Defense, 8/23/2004 pdf file] In the MP log book, Staff Sgt. Ivan Frederick writes that the detainee should be kept naked in his cell for six days. Youss, who denies having made the weapon, is denied the privilege of a mattress as well. The following day, he is cuffed to his cell door for several hours. Afterwards, MPs take him into a closed room, pour cold water on him, push his face into someone’s urine and beat him with a broom. Then a female soldier “pressed my _ss with a broom and spit on it,” Youss claims. [Rolling Stone, 7/28/2004] Meanwhile she stands on his legs. For the next three days, he is left naked only during the night. During the day an MP will hand him his clothes back. Gen. George R. Fay in his later report (see August 25, 2004), notes, “It is plausible his interrogators would be unaware of the alleged abuse.” [US Department of Defense, 8/23/2004 pdf file]

Entity Tags: Ivan L. Frederick II, Abd Alwhab Youss

Timeline Tags: Torture of US Captives

Lynndie England drags a detainee known as Gus by a leash around the neck. Megan Ambuhl looks on.Lynndie England drags a detainee known as Gus by a leash around the neck. Megan Ambuhl looks on. [Source: Public domain]At the Abu Ghraib prison, three detainees who were photographed naked the day before (see October 24, 2003), are again striped naked, handcuffed together, placed on the ground, and forced to lie on top of each other and simulate sex acts while they are being photographed. This treatment happens, according to a CID (Criminal Investigation Division) investigation, “on several occasions over several days.” Those present or participating in the abuse are the MPs Spc. Charles Graner, Ivan Frederick, Pfc. Lynndie England, and Spc. Sabrina Harman, all of the 372nd MP Company. Also directly involved are three military intelligence soldiers from the 325th Military Intelligence Battalion. Two of the military intelligence soldiers arrive at the Hard Site when the abuse is already taking place. One appears to have known beforehand that something was going to happen. [Washington Post, 5/22/2004] When they arrive, one MP is yelling through a megaphone at the naked detainees, who are forced to crawl on their stomachs and are handcuffed together. Gen. George Fay will later conclude in his report (see August 25, 2004) that this incident “was most likely orchestrated by MP personnel.” On the other hand, England says, “MI [Military Intelligence] Soldiers instructed them [MPs] to rough them up.” One of the most clearly humiliating photographs taken at Abu Ghraib is also dated October 25. It depicts an unidentified naked detainee, nicknamed “Gus,” with a leash around his neck and with the end held by Pfc. England. Spc. Megan Ambuhl is also present, watching. According to England, Cpl. Graner put on the leash and then asked her to pose for the photograph. [US Department of Defense, 8/23/2004 pdf file]

Entity Tags: George R. Fay, Sabrina Harman, Megan Ambuhl, Ivan L. Frederick II, Charles Graner, Lynndie England

Timeline Tags: Torture of US Captives

Paul Bremer meets with President Bush in Washington for a private meeting. The Coalition Provision Authority’s effort to implement a number of structural changes to Iraq’s economy is failing, and Washington needs to rethink its strategy. Members of the US-backed Iraqi interim government oppose the changes, and corporate attorneys are advising their clients that Bremer’s orders opening up Iraq to foreign investment could be challenged by a future Iraqi government on the basis that the orders violated UN Resolution 1483 (see May 22, 2003). That resolution stated that the US and Britain were bound to the Hague Regulations of 1907, which bars occupying powers from changing the laws of the occupied country (see October 18, 1907). If corporations purchase Iraqi state assets, and a future elected government declares Bremer’s orders illegal, the companies could lose their investments, the lawyers warn. The risk is so great that not a single insurance company is willing to insure its corporate clients for the “political risk” of losing their investment to expropriation. Bremer returns to Iraq from Washington with a Plan B. On June 30, the Coalition Provisional Authority will be dissolved and the sovereignty of Iraq will be turned over to a US-backed transitional government. That government will be bound by an “interim constitution” (see March 8, 2004), which will contain a clause barring the transitional government from modifying any of Bremer’s laws. [Harper's, 9/24/2004]

Entity Tags: L. Paul Bremer, George W. Bush

Timeline Tags: Iraq under US Occupation

Major General Marshal Donald Ryder files a report on the prison system in Iraq, as requested by Lt. Gen. Ricardo S. Sanchez earlier in the fall (see Late January 2004). He concludes that there are potential systemic human rights, training, and manpower issues that need immediate attention at Abu Ghraib. But he also says that he found “no military police units purposely applying inappropriate confinement practices.” [US Department of the Army, 3/9/2004] Ryder suggests that the problem may stem from methods used in Afghanistan where MPs have worked with intelligence operatives to “set favorable conditions for subsequent interviews.” He recommends that military police no longer participate in military intelligence supervised interrogations. Guidelines need to be drawn up that “define the role of military police soldiers… clearly separating the actions of the guards from those of the military intelligence personnel,” he says. [New Yorker, 5/10/2004; New Yorker, 5/17/2004] An investigation by Gen. Antonio M. Taguba completed next year (see March 9, 2004) will come to the same conclusion. “I concur fully with MG Ryder’s conclusion regarding the effect of AR 190-8. Military Police, though adept at passive collection of intelligence within a facility, should not participate in military intelligence supervised interrogation sessions. Moreover, Military Police should not be involved with setting ‘favorable conditions’ [emphasis by Taguba] for subsequent interviews. These actions… clearly run counter to the smooth operation of a detention facility.” [US Department of the Army, 3/9/2004] Ryder does not appear to report on actual instances of prisoner abuse and downplays the gravity of the situation, saying it has not yet reached a crisis point. [New Yorker, 5/10/2004; New Yorker, 5/17/2004] Ryder’s report also notes that a great number of people being held in the Iraq prison system appear to be innocent of any crime. It notes that some Iraqis have been held for several months for nothing more than expressing displeasure or ill will towards US troops (see February 2004).

Entity Tags: Antonio M. Taguba, Ricardo S. Sanchez, Donald J. Ryder

Timeline Tags: Torture of US Captives

Top: the seven detainees are forced to form a human pyramid. Charles Graner and Sabrina Harman stand behind them smiling and giving thumbs up signs. Bottom: Some of the same detainees are forced to simulate oral sex on each other. Top: the seven detainees are forced to form a human pyramid. Charles Graner and Sabrina Harman stand behind them smiling and giving thumbs up signs. Bottom: Some of the same detainees are forced to simulate oral sex on each other. [Source: Public domain]At Abu Ghraib, seven Iraqi detainees are brought to Cellblock 1A from one of the tent camps escorted by MPs. The seven Iraqis are suspected of having taken part in a fight. They include Nori al-Yasseri, Hussein Mohssein Mata al-Zayiadi, and four others known only by their first names: Haidar, Ahmed, Ahzem, Hashiem and Mustafa. [Washington Post, 5/21/2004; US Department of Defense, 8/23/2004 pdf file] They are repeatedly punched and attacked by Staff Sgt. Ivan L. Frederick, Spc. Charles Graner, and other MPs (see Evening November 7, 2003). The MPs then take out their cameras to take pictures of the seven naked men and begin putting them in humiliating poses, often placing themselves in the picture as well, smiling. Graner makes them climb on top of each other to form a human pyramid, as is reported by Spc. Sabrina Harman. [Washington Post, 5/22/2004; Rolling Stone, 7/28/2004] “They put us two on the bottom, two on top of them, and two on top of those and on top,” Al-Zayiadi will say. [Washington Post, 5/21/2004] “The pyramid lasted about 15 to 20 minutes,” according to Harman. [Washington Post, 5/22/2004] The prisoners are also made to crawl on hands and knees with MPs riding on their backs. [Rolling Stone, 7/28/2004] “They were sitting on our backs like riding animals,” Al-Zayiadi says. Meanwhile, others are taking photographs. [Washington Post, 5/21/2004] Frederick then takes hold of the prisoner whom he has singled out for additional punishment and motions him to masturbate. “I grabbed his arm by the elbow, put it on his genitals and moved it back and forth with an arm motion, and he did it.” [Los Angeles Times, 10/21/2004] He makes another detainee do the same. “I lifted his hood and gave him a hand gesture, telling him to keep doing it himself.” [New York Times, 10/21/2004] Spc. Matthew Wisdom, who complained to his team leader Sgt. Robert Jones earlier in the evening about the treatment of the detainees, returns to Tier 1A to find a naked detainee being forced to masturbate in front of another naked detainee on his knees before him. “I saw two naked detainees,” Wisdom will later recall, “one masturbating to another kneeling with its mouth open. I thought I should just get out of there. I didn’t think it was right.” [New Yorker, 5/10/2004] According to Wisdom, Frederick says to him: “Look what these animals do when we leave them alone for two seconds.” [New Yorker, 5/10/2004; Los Angeles Times, 8/5/2004] Meanwhile, Pfc. Lynndie England makes sexually suggestive comments “in a somewhat sarcastic, fun tone of voice,” according to Wisdom. [Los Angeles Times, 8/5/2004] “I heard Pfc. England shout out, ‘He’s getting hard.’” [New Yorker, 5/10/2004] Again Wisdom leaves the building to tell Sgt. Jones, who assures him the “problem [will] be addressed and dealt with,” [Los Angeles Times, 8/5/2004] and Wisdom assumes that the problem will be taken care of. [New Yorker, 5/10/2004] Others, meanwhile, are lined up and forced to masturbate. These facts are corroborated by photographs that show the MPs laughing as they look on. [Rolling Stone, 7/28/2004] Al-Zayiadi later identifies himself in one of these pictures. “They told my friend to masturbate and told me to masturbate also, while they were taking pictures,” he says. [Washington Post, 5/21/2004] In the end, Al-Zayiadi says they are tossed naked but still hooded into a cell. “They opened the water in the cell and told us to lay face down in the water and we stayed like that until the morning, in the water, naked, without clothes.” [Washington Post, 5/21/2004] One of the seven prisoners is likely Haydar Sabbar Abed who says he was originally arrested for not carrying his ID card. After being involved in a fight with an Iraqi prison employee in one of the tent camps, he is taken to the Hard Site. He later recalls: “They cut off our clothes and… told us to masturbate towards this female soldier. But we didn’t agree to do it, so they beat us.” He also says: “They made us act like dogs, putting leashes around our necks. They’d whistle and we’d have to bark like dogs. We thought they were going to kill us.” [BBC, 8/4/2004] The next day, Wisdom asks for and is granted a transfer to a job elsewhere in the prison. Although he and Sgt. Jones say they have been angered by the abuse, they do little more than mildly confront their colleagues with their objections. [Los Angeles Times, 8/5/2004] To the detainees, the experience has been harrowing. Al-Yasseri will later call it a “night which we felt like 1,000 nights.” “I was trying to kill myself,” says Al-Zayiadi, “but I didn’t have any way of doing it.” [Rolling Stone, 7/28/2004] Gen. George Fay will also describe these incidents in his report (see August 25, 2004), which he concludes was an the affair of MPs alone. He states that military intelligence “involvement in this abuse has not been alleged nor is it likely.” However, one of the pictures taken that night, depicting the “human pyramid,” is later used as a screen saver for a computer in the Hard Site. The screen saver is later seen by a female military intelligence interrogator, but she states, according to Gen. Fay, that she did not report the picture because she did not see it again. The same interrogator, Fay will report, had a “close personal relationship” with Staff Sgt. Frederick, [US Department of Defense, 8/23/2004 pdf file] one of the main instigators of the abuse that night.

Entity Tags: Javal Davis, Ivan L. Frederick II, Jeremy C. Sivits, Matthew Wisdom, Shannon K. Snider, Hussein Mohssein Mata Al-Zayiadi, Lynndie England, Nori al-Yasseri, Mustafa, Haydar Sabbar Abed, George R. Fay, Haidar, New Yorker, Hashiem, Ahmed, Charles Graner, Ahzem, Sabrina Harman, Robert Jones II

Timeline Tags: Torture of US Captives

Thomas Pappas.Thomas Pappas. [Source: US Army]The office of Lt. Gen. Ricardo Sanchez formally puts Col. Thomas M. Pappas of 205th Military Intelligence Brigade in charge of cell blocks 1A and 1B in the Abu Ghraib prison. As Gen. Antonio Taguba will note in his February 26, 2004 (see February 26, 2004) report, the order “effectively made an MI Officer, rather than an MP officer, responsible for the MP units conducting detainee operations at that facility. This is not doctrinally sound due to the different missions and agenda assigned to each of these respective specialties.” [New York Times, 5/12/2004; Washington Post, 5/16/2004; New Yorker, 5/17/2004; Newsweek, 5/24/2004] Maj. Gen. Antonio M. Taguba will also note: “[T]he intelligence value of detainees held at… Guantanamo is different than that of the detainees/internees held at Abu Ghraib and other detention facilities in Iraq…. There are a large number of Iraqi criminals held at Abu Ghraib. These are not believed to be international terrorists or members of al-Qaeda.” The report will say also that the order was in conflict with existing military regulations and suggests that Sanchez’s recommendation had influenced the conditions at Abu Ghraib.

Entity Tags: Ricardo S. Sanchez, Antonio M. Taguba, Thomas M. Pappas

Timeline Tags: Torture of US Captives

An Abu Ghraib detainee bleeding after being biting by a dog on December 12, 2003.An Abu Ghraib detainee bleeding after being biting by a dog on December 12, 2003. [Source: Public domain]Dog teams arrive at Abu Ghraib and “almost immediately” are used against the detainees (see November 24, 2003). Gen. George Fay’s investigation (see August 25, 2004) of Abu Ghraib abuses will conclude that, “The use of dogs in interrogations to ‘fear up’ detainees was generally unquestioned.” Most military intelligence personnel apparently believe dogs can be used in interrogations with specific approval from Col. Thomas M. Pappas. [US Department of Defense, 8/23/2004 pdf file] According to Sgt. Michael J. Smith and Sgt. Santos A. Cardona, they are acting under instructions from Col. Thomas M. Pappas when they use unmuzzled dogs to intimidate prisoners. [New York Times, 5/22/2004] And Pappas himself believes, “incorrectly,” Gen. Fay notes, that Lt. Col. Ricardo S. Sanchez has delegated this authority to him. Pappas, concludes Gen. Fay, “[i]mproperly authorized the use of dogs during interrogations.” [US Department of Defense, 8/23/2004 pdf file] Nevertheless, Gen. Fay also believes, “there were early indications that MP and MI [Military Intelligence] personnel knew the use of dog teams in interrogations was abusive.” Only the Army dog teams join in with the abuse. Three Navy dog teams, who arrive simultaneously at Abu Ghraib, refuse to lend their dogs for interrogation purposes. The Navy dog handlers always ask for what specific purpose the dog is required, and when they are told “for interrogation,” they refuse to comply. “Over the next few weeks, the Navy dog teams received about eight similar calls, none of which [are] fulfilled.” [US Department of Defense, 8/23/2004 pdf file]

Entity Tags: Ricardo S. Sanchez, Michael J. Smith, George R. Fay, Santos A. Cardona, Thomas M. Pappas

Timeline Tags: Torture of US Captives

At Abu Ghraib prison in Baghdad, MPs hide prisoners from a Red Cross delegation by shifting them around the complex. These prisoners, or “ghost detainees,” are a group of detainees that have been imprisoned without names, charges, or other documentation. According to Maj. Gen. Antonio M. Taguba’s February 26 report (see February 26, 2004), a number of jails operated by the 800th Military Police Brigade “routinely held” such prisoners “without accounting for them, knowing their identities, or even the reason for their detention.” Taguba will note that the practice is a “violation of international law.” [US Department of the Army, 3/9/2004; Los Angeles Times, 5/5/2004; Washington Post, 5/9/2004; Washington Post, 5/11/2004, pp. A01]

Entity Tags: Antonio M. Taguba

Timeline Tags: Torture of US Captives

“Brick” of $400,000 in U.S. Currency (4,000 $100 bills)“Brick” of $400,000 in U.S. Currency (4,000 $100 bills) [Source: Federal Reserve Bank of New York] (click image to enlarge)At the request of the Coalition Provisional Authority, the Federal Reserve Bank sends the CPA $1.5 billion in cash. The money is drawn from the Development Fund for Iraq (DFI) and special US Treasury accounts containing revenues from sales of Iraqi oil exports, surplus dollars from the UN-run oil-for-food program, and frozen assets that belonged to the government of Saddam Hussein. [US Congress, 2/6/2007 pdf file; Reuters, 2/7/2007]

Entity Tags: US Federal Reserve, Coalition Provisional Authority

Timeline Tags: Iraq under US Occupation

Ricardo Sanchez.Ricardo Sanchez. [Source: US Army]US Central Command issues a short press release announcing that Lt. Gen. Ricardo Sanchez has ordered a criminal investigation “into reported incidents of detainee abuse at a coalition forces detention facility.” It is later learned that the facility in question is Abu Ghraib prison. [Associated Press, 1/16/2004] The fact that the investigation is reported to be initiated by the central US military command in Iraq rather than an individual unit, the BBC Pentagon correspondent calls unusual. “It suggests that senior commanders are taking the issue very seriously.” [BBC, 1/16/2004] At some point between January 16 and 21, the CID will begin taking sworn witness statements from detainees. [Washington Post, 5/21/2004]

Entity Tags: Ricardo S. Sanchez

Timeline Tags: Torture of US Captives

Lt. Gen. Ricardo Sanchez orders a high level administrative investigation into the 800th Military Police Brigade apart from the criminal investigation that was announced three days earlier (see January 16, 2004). He appoints Major General Antonio M. Taguba to conduct the inquiry and limits the scope of the investigation to the conduct of the military police brigade. Taguba’s report will be filed on February 26 (see February 26, 2004). [US Department of the Army, 3/9/2004; Sydney Morning Herald, 5/4/2004; New York Times, 5/10/2004] As preparations for investigation are underway, investigators reportedly give the MPs at Abu Ghraib “a week’s notice before inspecting their possessions.” [ [Sources: Several unnamed soldiers] Whether it is an attempt to sabotage the investigation, or a matter of clumsiness on the part of the military leadership or the CID, the result may well be that evidence of abuse is deliberately destroyed. “That shows you how lax they are about discipline. ‘We are going to look for contraband in here, so hint, hint, get rid of the stuff,’ that’s the way things work in the Guard,” MP Ramone Leal will say. [Reuters, 5/6/2004]

Entity Tags: Ramone Leal, Ricardo S. Sanchez, Antonio M. Taguba

Timeline Tags: Torture of US Captives

Maj. Gen. Antonio Taguba begins investigating abuses at Abu Ghraib prison. He is limited to investigating the 800th MP (military police) unit, as the abuse photographs mainly involve them. However, he suspects that superiors are to blame as well. He will later comment, “From what I knew, troops just don’t take it upon themselves to initiate what they did without any form of knowledge of the higher-ups.… These MP troops were not that creative. Somebody was giving them guidance, but I was legally prevented from further investigation into higher authority. I was limited to a box.” [New Yorker, 6/17/2007]

Entity Tags: Donald J. Ryder, Ricardo S. Sanchez

Timeline Tags: Torture of US Captives

An Army dog handler at Abu Ghraib tells military investigators that, as per the directive from Defense Secretary Rumsfeld (see December 2, 2002), “[S]omeone from [military intelligence] gave me a list of cells, for me to go see, and pretty much have my dog bark at them.… Having the dogs bark at detainees was psychologically breaking them down for interrogation purposes.” Using attack dogs to threaten or harm prisoners is a violation of the Geneva Conventions. [Huffington Post, 4/21/2009]

Entity Tags: US Department of Defense, Donald Rumsfeld

Timeline Tags: Torture of US Captives

Antonio M. Taguba.Antonio M. Taguba. [Source: US Army]Maj. Gen. Antonio M. Taguba files a 53-page classified report which finds that between October and December of 2003, members of the 372nd Military Police Company and US intelligence community engaged in numerous incidents of “sadistic, blatant, and wanton criminal abuses” against prisoners at the Abu Ghraib prison in Baghdad. As evidence, he cites “detailed witness statements and the discovery of extremely graphic photographic evidence.” The photographs—which are later leaked to the press (see Mid-April 2004), causing an enormous international public outcry—are not included in the report. [US Department of the Army, 3/9/2004; New Yorker, 5/10/2004; New Yorker, 5/17/2004] Taguba also takes issue with the November 5 (see November 5, 2003) Ryder report which concluded that the military police units had not intentionally used inappropriate confinement practices. “Contrary to the findings of MG [Maj. Gen.] Ryder’s report, I find that personnel assigned to the 372nd MP Company, 800th MP Brigade were directed to change facility procedures to ‘set the conditions’ for MI interrogations.” Army intelligence officers, CIA agents, and private contractors “actively requested that MP guards set physical and mental conditions for favorable interrogation of witnesses.” [US Department of the Army, 3/9/2004; New Yorker, 5/10/2004] He presents his report to his commander on March 3 (see March 3, 2004).

Entity Tags: Antonio M. Taguba

Timeline Tags: Torture of US Captives

Major General Antonio M. Taguba out-briefs the findings of his investigation to General David McKiernan. [Slate, 5/5/2004; New York Times, 5/10/2004]

Entity Tags: Donald Rumsfeld, Antonio M. Taguba, Peter Pace, David D. McKiernan

Timeline Tags: Torture of US Captives

The US-appointed Iraqi Interim Governing Council signs the Transitional Administrative Law (TAL), providing a timetable for the establishment of a representative government in Iraq. The TAL will serve as the country’s constitution during the transitional period, set to begin on June 30, 2004. On that date, the CPA will be dissolved and power will be transferred to a transitional government (This will actually happen on June 28; see June 28, 2004), which will rule Iraq until an elected government has been established. According to the TAL, the National Assembly will be elected in January 31, 2005 and charged with the task of writing a constitution that will be subjected to popular referendum no later than October 15, 2005. Finally, an elected government must be established no later than December 31, 2005. The TAL also includes provisions that place certain restrictions on the transitional government, such as one stating that all “laws, regulations, orders, and directives issued by the Coalition Provisional Authority” will remain in force during this period. [Iraq Transitional Administrative Law, 3/8/2004; CNN, 6/28/2004]

Entity Tags: Iraqi Governing Council

Timeline Tags: Iraq under US Occupation

Maj. Gen. Antonio M. Taguba submits the final version of his report (see February 26, 2004) on the investigation into prisoner abuse at Abu Ghraib by MPs. He concludes that military intelligence personnel played a part in the abuse of prisoners at Abu Ghraib. But due to the fact that his investigation was limited to the conduct of MPs (see January 19, 2004), he did not investigate military intelligence conduct. Another investigation (see August 25, 2004), however, is launched that will examine military intelligence’s role in the abuses. It will be conducted by Maj. Gen. George R. Fay, the Army’s deputy chief of staff for intelligence. But the scope of this investigation is also limited from the outset, for two reasons. First, as a two-star general, he cannot hold any officer of his own rank or higher accountable. Second, Fay is appointed by Lt. Col. Ricardo S. Sanchez and therfore the scope of investigation is limited to the people under Sanchez’s command. [Newsweek, 6/7/2004] Additionally, Fay may be less inclined to report negatively on military intelligence personnel, since his superior, Lt. Gen. Keith Alexander, head of Army Intelligence, has already stated that the abuse at Abu Ghraib was committed by “a group of undisciplined military police” who were acting on their own, and not upon instructions from military intelligence officers. [Truthout (.org), 5/14/2004]

Entity Tags: George R. Fay, Ricardo S. Sanchez, Antonio M. Taguba, Keith Alexander

Timeline Tags: Torture of US Captives

Maj. Gen. Antonio M. Taguba presents his report (see February 26, 2004) on prisoner abuse at Abu Ghraib to his commanders. [Truthout (.org), 5/14/2004] The report is “very closely held” among the Army’s senior leadership and the report is only accessible to top officials on a secure computer network. Congress is not informed of the report or its findings. [Baltimore Sun, 5/6/2004] It is classified as “Secret / No Foreign Dissemination.” Neither the vice-chairman of the Joint Chiefs of Staff, Marine Gen. Peter Pace, nor the Secretary of Defense Donald Rumsfeld will later say they know why the report was classified when asked at a Pentagon press briefing on May 4. Such a classification may be in violation of US law. Section 1.7 of Executive Order 12958 reads: “In no case shall information be classified in order to… conceal violations of law, inefficiency, or administrative error [or to] prevent embarrassment to a person, organization, or agency….” [Secrecy News, 5/5/2004]

Entity Tags: Donald Rumsfeld, Antonio M. Taguba, US Congress, Peter Pace

Timeline Tags: Torture of US Captives

The Pentagon announces Maj. Gen. Geoffrey D. Miller is to be replaced by Brig. Gen. Jay W. Hood as commander, Joint Task Force Guantanamo. Miller will become deputy commander for detainee operations in Iraq, including Abu Ghraib prison. [US Department of Defense, 3/22/2004] He will assume his new function on April 15. [Washington Post, 5/9/2004] In late April, abuses committed at Abu Ghraib will become a public scandal (see April 28, 2004). Maj. Gen. Antonio M. Taguba had conducted a US Army investigation into the abuses in January 2004 (see February 26, 2004). In the course of that investigation, Taguba concluded that Miller was partly responsible for the abuses because Miller had visited Abu Ghraib and successfully pushed for more aggressive interrogation techniques there. However, due to a limited mandate, Taguba could not formally investigate Miller’s role. Ironically, after the scandal breaks, Miller will be in the role of helping to clean up the problems in the prison that he helped create. [New Yorker, 6/17/2007]

Entity Tags: Jay W. Hood, Antonio M. Taguba, Geoffrey D. Miller

Timeline Tags: Torture of US Captives

A deranged Abu Ghraib detainee wanders the halls covered in human feces on December 12, 2003. MP Ivan Frederick stands behind him with a stick.A deranged Abu Ghraib detainee wanders the halls covered in human feces on December 12, 2003. MP Ivan Frederick stands behind him with a stick. [Source: Public domain]The Abu Ghraib prison photos are leaked to CBS. The network informs the Pentagon that it will broadcast a story on the prison abuses and include the photos. But the network delays broadcasting the story at the request of Gen. Richard Myers. [Guardian, 4/30/2004; CBS News, 5/6/2004; Los Angeles Times, 5/6/2004; CNS News, 5/7/2004]

Entity Tags: Richard B. Myers

Timeline Tags: Torture of US Captives

An official with the Coalition Provisional Authority reports that the “CPA did not obtain the services of a certified public accounting firm as it was determined that these services were not those required.” UN Security Council Resolution 1483 (see May 22, 2003) required that the management of Iraq’s funds be “audited by independent public accountants approved by the International Advisory and Monitoring Board of the Development Fund for Iraq.” Similarly, the CPA’s Regulation Number 2 (see June 10, 2003) stated that it had to “obtain the services of an independent, certified public accounting firm.” Instead, the CPA hired North Star Consultants, Inc. (see October 2003), an obscure consulting firm, “to promote the effective administration of DFI Funds in a transparent manner for the benefit of the Iraqi people.” [US Congress, 2/6/2007 pdf file]

Entity Tags: Coalition Provisional Authority, North Star Consultants

Timeline Tags: Iraq under US Occupation

Seymour Hersh.Seymour Hersh. [Source: Daily Californian / Skyler Reid]The New Yorker magazine publishes an in-depth article by investigative journalist Seymour Hersh on the Abu Ghraib abuses, as well as excerpts of the Taguba report (see February 26, 2004). The article includes some of the graphic photos of the abuses that were turned in by Spc. Joseph Darby (see January 13, 2004) in January. [New Yorker, 5/10/2004] Soon thereafter, subordinates of Undersecretary for Policy Douglas Feith send out an “urgent” e-mail around the Pentagon warning officials not to read the Taguba report and not to mention the report to anybody including family members, even though major parts of it are now part of the public record. Newsweek later quotes a military lawyer as saying, that Feith has turned his office into a “ministry of fear.” [Newsweek, 6/7/2004]

Entity Tags: Joseph Darby, New Yorker, Douglas Feith, Seymour Hersh

Timeline Tags: Torture of US Captives

A US intelligence analyst at Abu Ghraib tells military investigators that, as per a directive from Defense Secretary Rumsfeld (see December 2, 2002), it is “common that the detainees on [military intelligence] hold in [a facility known as the] hard site were initially kept naked and given clothing as an incentive to cooperate with us.” An interrogator tells the investigators that it is “common to see detainees in cells without clothes or naked,” and says it is “one of our approaches.” Enforced nudity is a violation of the Geneva Conventions. [Huffington Post, 4/21/2009]

Entity Tags: Donald Rumsfeld

Timeline Tags: Torture of US Captives

White House spokesman Scott McClellan says President Bush still has not seen or been briefed on the Taguba report (see February 26, 2004). [US Department of Defense, 5/12/2004]

Entity Tags: Scott McClellan

Timeline Tags: Torture of US Captives

Maj. Gen. Geoffrey D. Miller plays down the significance of his role in the Abu Ghraib abuse, saying his team recommended in September 2003 “having the guard force passively involved in the ability to interrogate rapidly and effectively.” [Washington Post, 5/9/2004]

Entity Tags: Geoffrey D. Miller

Timeline Tags: Torture of US Captives

Rumsfeld under oath, testifying about Abu Ghraib.Rumsfeld under oath, testifying about Abu Ghraib. [Source: HBO]In public testimony under oath before the Senate and the House Armed Services Committees, Defense Secretary Donald Rumsfeld claims he had no early knowledge of the Abu Ghraib detainee abuse. He says, “It breaks our hearts that in fact someone didn’t say, ‘Wait, look, this is terrible. We need to do something.’ I wish we had known more, sooner, and been able to tell you more sooner, but we didn’t.” He claims that when reports about the hard-hitting Taguba report on Abu Ghraib (see February 26, 2004) first appeared publicly just days before his testimony, “it was not yet in the Pentagon, to my knowledge.” Regarding the shocking Abu Ghraib photos, seen by millions on the television program 60 Minutes on April 28 (see April 28, 2004), Rumsfeld claims, “I say no one in the Pentagon had seen them.” He adds that “I didn’t see them until last night at 7:30.” Asked when he’d first heard of them, he replies, “There were rumors of photographs in a criminal prosecution chain back sometime after January 13th… I don’t remember precisely when, but sometime in that period of January, February, March.… The legal part of it was proceeding along fine. What wasn’t proceeding along fine is the fact that the President didn’t know, and you didn’t know, and I didn’t know. And, as a result, somebody just sent a secret report to the press, and there they are.” But General Richard Myers, chairman of the Joint Chiefs of Staff, will later acknowledge in testimony that just days after the photos were given to US Army investigators on January 13, information had been given “to me and the Secretary [Rumsfeld] up through the chain of command.… And the general nature of the photos, about nudity, some mock sexual acts and other abuse, was described” (see January 15-20, 2004). Major General Antonio M. Taguba, author of the Taguba report, will later claim that he was appalled by Rumfeld’s testimony. “The photographs were available to him—if he wanted to see them.… He’s trying to acquit himself, and a lot of people are lying to protect themselves.” Congressman Kendrick Meek (D-FL) will later comment, “There was no way Rumsfeld didn’t know what was going on. He’s a guy who wants to know everything, and what he was giving us was hard to believe.” [New Yorker, 6/17/2007]

Entity Tags: Donald Rumsfeld, Kendrick Meek, Antonio M. Taguba, Richard B. Myers

Timeline Tags: Torture of US Captives

The Office of General Counsel (OGC) of the FBI issues an instruction that states that if “an FBI employee knows or suspects non-FBI personnel has abused or is abusing or mistreating a detainee, the FBI employee must report the incident.” [ [Sources: Email to FBI agent Chris Briese, 5/14/2004]

Timeline Tags: Torture of US Captives

After speaking to the media (see May 18, 2004) (see May 19, 2004), Sgt. Samuel Provance receives a disciplinary order from his battalion commander, Lt. Col. James Norwood, notifying him that he has been stripped of his security clearance, transferred to a different platoon, and made ineligible for promotions or awards. He is also informed that he may be prosecuted for speaking out because his comments were “not in the national interest.” [ABC News, 5/21/2004] Norwood says: “There is reason for me to believe that you may have been aware of the improper treatment of the detainees at Abu Ghraib before they were reported by other soldiers.” The conclusions of Maj. Gen. George Fay’s investigation (see August 25, 2004), Norwood warns, “may reveal that you should face adverse action for your failure to report.” [Newsweek, 6/7/2004] Indeed, the Fay report will conclude that Provance “[f]ailed to report detainee abuse” and “[f]ailed to obey a direct order.” Maj. Gen. Fay will also write, “He interfered with this investigation by talking about the investigation, giving interviews to the media, and passing the questions being asked by investigators to others via a website.” [US Department of Defense, 8/23/2004 pdf file] Provance’s attorney, Scott Horton, believes the military is intimidating soldiers in an effort to prevent them from speaking out about what they know. “I see it as an effort to intimidate Sgt. Provance and any other soldier whose conscience is bothering him, and who wants to come forward and tell what really happened at Abu Ghraib,” he says. [ABC News, 5/21/2004]

Entity Tags: George R. Fay, Scott Horton, James Norwood, Samuel Provance

Timeline Tags: Torture of US Captives

In an e-mail, an “On Scene Commander” of the FBI in Baghdad refers to an executive order by President Bush allowing aggressive interrogation techniques to be used at any rate in Iraq by Task Force 6-26, which is the new name for JTF-121. These techniques include sleep deprivation, stress positions, loud music, yelling, stripping, dogs, and hooding. The executive order is still in use even though the use of hooding, stress positions, dogs, and stripping at Guantanamo and in Afghanistan were prohibited on January 15, 2003 (see January 15, 2003). Since the FBI agent has been ordered to report instances of abuse (see May 19, 2004), he notes a dilemma: would the techniques authorized by the executive order constitute abuse or not? He writes: “This instruction begs the question of what constitutes ‘abuse.’ We assume this does not include lawful interrogation techniques authorized by executive order.” A week before, apparently as a result of the unfolding of the Abu Ghraib scandal, some techniques described in the executive order could only be used with special approval from top levels in the hierarchy. Thus, the FBI agent says in his e-mail: “[W]e will still not report the use of these techniques as ‘abuse’ since we will not be in a position to know whether, or not, the authorization for these tactics was received from the aforementioned high-level officials. We will consider as abuse any physical beatings, sexual humiliation or touching, and other conduct clearly constituting abuse. Yet, there may be a problem if OGC [FBI Office of General Counsel] does not clearly define ‘abuse’ and if OGC does not draw a clear line between conduct that is clearly abusive and conduct that, while seemingly harsh, is permissible under applicable Executive Orders and other laws. In other words, we know what’s permissible for FBI agents but are less sure what is permissible for military interrogators.” [FBI, 5/14/2004]

Entity Tags: Chris Briese, George W. Bush

Timeline Tags: Torture of US Captives

When the Taguba report (see March 9, 2004), which together with all its 106 annexes includes 6,000 pages, is delivered by the Pentagon to the Senate Armed Services Committee, some 2,000 pages are missing, withheld by the Defense Department. Pentagon spokesman Larry DiRita calls this an “oversight.” [Associated Press, 5/24/2004] Nevertheless, the missing pages contain key documents, internal Army memos and e-mails, sworn statements by soldiers, officers, contractors, and prisoners. It also includes the final section of Taguba’s interview with Col. Thomas M. Pappas. [Newsweek, 6/7/2004] The missing annexes of the Taguba report hold evidence that the abuse was not conducted solely by a few MPs acting on their own, but instead at the instigation and with the involvement of military intelligence personnel.

Entity Tags: US Congress, Larry Di Rita, Thomas M. Pappas

Timeline Tags: Torture of US Captives

Maj. Gen. Antonio M. Taguba is a young officer rising through the ranks of the US Army with unusual speed. But after his hard-hitting report on the Abu Ghraib abuses (see February 26, 2004), he claims that Gen. John Abizaid, head of US Central Command, threatens to have him investigated (see May 2004). Taguba had been scheduled to rotate to the Third Army’s headquarters in Georgia in June of 2004, but instead he is ordered to work at the Pentagon. A retired four-star Army general later tells Taguba that he had been sent to the job in the Pentagon so that he could “be watched.” Taguba later claims that in January of 2006, General Richard Cody, the Army’s Vice-Chief of Staff. calls him and bluntly tells him without any explanation, “I need you to retire by January of 2007.” Taguba does retire in January 2007, after thirty-four years of active service.. He will later complain, “They always shoot the messenger. To be accused of being overzealous and disloyal—that cuts deep into me. I was being ostracized for doing what I was asked to do.” [New Yorker, 6/17/2007]

Entity Tags: Antonio M. Taguba, Richard Cody

Timeline Tags: Torture of US Captives

Ayatollah Sistani warns in a letter to the United Nations that the Security Council’s forthcoming resolution (see June 8, 2004) on the transfer of sovereignty to Iraq must not contain any references to the interim constitution known as the Transitional Administrative Law (see March 8, 2004) because that document “runs counter to the will of the Iraqi people.” Sistani writes: “This law, which has been written by an unelected council under the occupation and its direct influence, restricts the national [body] due to be elected at the beginning of the new year to draft Iraq’s permanent constitution. This runs against law and is rejected by the majority of the Iraqi people.” [Associated Press, 6/9/2004]

Entity Tags: Sayyid Ali Husaini al-Sistani

Timeline Tags: Iraq under US Occupation

The United Nations Security Council unanimously passes Resolution 1546, formally transferring control of Iraq’s political and economic affairs to an interim government. While the resolution states that Iraq’s government has “full sovereignty,” the Iraqis will not have authority over the activities of the 160,000-strong US-led multinational force. Rather the resolution only states that the coalition forces have the right to “take all necessary measures to contribute to the maintenance of security and stability in Iraq,” albeit in a “security partnership” with the government. If the Iraqi government objects to a military operation in the country, its only option is to veto the participation of Iraqi personnel. This means, for example, that US and British forces retain the right to detain Iraqis, search homes, and respond to perceived threats employing whatever force they deem necessary, without approval from Iraq’s government. The French and Germans had proposed a provision that would have given the Iraqi government veto power over any military operations it objects to, but the US would not agree to it. The resolution does allow the Iraqi government to order the withdrawal of all international troops, however as observers have noted, given the current security situation, that is an unlikely scenario. [United Nations, 6/8/2004; New York Times, 6/9/2004] In spite of Kurdish demands, the resolution makes no references to Iraq’s interim constitution (see March 8, 2004), which Ayatollah Sistani has said is “counter to the will of the Iraqi people” (see June 8, 2004). The Kurds wanted the UN to affirm the validity of the interim constitution because it includes a clause that would give the Kurdish minority more leverage in crafting the country’s permanent constitution. Another provision in the constitution asserts that the interim government is bound by the laws passed under the authority of the Coalition Provisional Authority. However many Iraqis oppose the laws that were passed by the CPA because those laws made drastic changes to Iraq’s economic policy, opening it up to unrestricted foreign investment. The absence of any reference to the interim constitution in the resolution undermines the validity of the constitution and Bremer’s laws, according to some experts and officials. [New York Times, 6/9/2004] Main points of the resolution include:
bullet A national conference of political, religious, and tribal representatives shall convene in July to choose consultative counsels that will advise the interim government.
bullet Elections will be held for a transitional national assembly no later than January 31, 2005. The assembly will form a transitional government, which will draft a permanent constitution. Iraqis will then have elections for a full-term government no later than December 31, 2005.
bullet The multinational force in Iraq will help the Iraqi government recruit, train, and equip Iraqi security forces.
bullet The Iraqi government has sole authority for the disbursement of oil and gas revenues.
bullet The interim government must refrain “from taking any actions affecting Iraq’s destiny.”
bullet The UN mandate for the multinational force will expire after elections are held under a new constitution; however the council “will terminate this mandate earlier if requested by the government of Iraq.”
The resolution is the product of two weeks of negotiation, undergoing five revisions. The original draft was submitted on May 24. [Associated Press, 6/8/2003] On at least one occasion during this process, the Iraqi Governing Council had complained that its views were not being adequately represented in the Security Council. In one statement, the governing council said they wanted to discuss full Iraqi control of “the activities of the Iraqi armed forces and security forces.” The council also objected to any moves to grant foreign soldiers immunity from prosecution under Iraqi law. [Associated Press, 5/25/2003] Though the resolution’s final context contains no such provision, Paul Bremer will sign an extension (see June 27, 2004) to Order 17, which granted US personnel and contractors immunity from prosecution by the Iraq government.

Entity Tags: Germany, United Nations Security Council, Iraqi Governing Council, United States, France

Timeline Tags: Iraq under US Occupation

Pallets of US Currency Arriving in IraqPallets of US Currency Arriving in Iraq [Source: US Congress. House Committee on Government Reform] (click image to enlarge)At the request of the Coalition Provisional Authority, the Federal Reserve Bank sends the CPA $2.4 billion in cash. This is the largest cash pay-out of US currency in Federal Reserve history. This shipment is quickly followed by another large shipment three days later (see June 25, 2004). The money is drawn from the Development Fund for Iraq (DFI)and special US Treasury accounts containing revenues from sales of Iraqi oil exports, surplus dollars from the UN-run oil-for-food program, and frozen assets that belonged to the government of Saddam Hussein. [US Congress, 2/6/2007 pdf file; Reuters, 2/7/2007]

Entity Tags: US Federal Reserve, Coalition Provisional Authority

Timeline Tags: Iraq under US Occupation

Cash shipments to Iraq by monthCash shipments to Iraq by month [Source: US Congress. House Committee on Government Reform] (click image to enlarge)The US Federal Reserve sends the Coalition Provisional Authority (CPA) in Baghdad $1.6 billion on giant pallets aboard military C-130 cargo planes. This is the last of a series of several shipments that began in April 2003 (see April 2003). The money was drawn from the Development Fund for Iraq (DFI)and special US Treasury accounts containing revenues from sales of Iraqi oil exports, surplus dollars from the UN-run oil-for-food program, and frozen assets that belonged to the government of Saddam Hussein. Most shipments were under $1 billion, except for this one and two others, one in December, and one just three days before (see December 12, 2003 and June 22, 2004). Together these shipments amount to $12 billion, some 363 tons of palleted cash. This shipment and the other June shipment of $2.4 billion (see June 22, 2004) account for almost half of the total amount shipped to Iraq. There will be no more shipments to the CPA after this date because on June 28, authority to govern Iraq, and hence the authority to manage Iraq’s funds, will be transferred to Iraq’s new Interim Government (see June 28, 2004). [US Congress, 2/6/2007 pdf file; Reuters, 2/7/2007]

Entity Tags: US Federal Reserve, Iraq

Timeline Tags: Iraq under US Occupation

One day before the dissolution of the Coalition Provisional Authority, Paul Bremer signs an extension to Order 17, which granted US personnel and contractors immunity from prosecution by the Iraq government. [Coalition Provisional Authority, 6/17/2004 pdf file] The extension will make it impossible for future Iraqi governments to recover funds that were wrongly paid to US contractors by the CPA. [Boston Globe, 4/16/2006]

Entity Tags: Coalition Provisional Authority, L. Paul Bremer

Timeline Tags: Iraq under US Occupation

After the handover of official sovereignty of Iraq to an interim Iraqi government, US forces continue to be responsible for operating two prisons in Iraq, including Abu Ghraib. [Independent, 6/10/2004]

Timeline Tags: Torture of US Captives

Hours after the Coalition Provisional Authority hands over Iraqi sovereignty to an interim government (see June 28, 2004), the CPA sends requests to the Federal Reserve Bank in New York asking that an additional $1 billion be withdrawn from Iraq’s accounts at the Federal Reserve and be shipped to Iraq. The request is rejected on grounds that the CPA no longer has authority to manage Iraq’s assets. Since April, the Federal Reserve has shipped some $12 billion dollars to the CPA. Five billion of this was sent just within the last six days (see June 22, 2004 and June 25, 2004). A Federal Reserve document states that “effective as of the time AMB Bremer transferred authority (which is being reported in the press as 10:26 am in Baghdad), the CPA no longer had control over Iraq’s assets…. [S]ubsequent to transfer of sovereignty, COL Davis of the CPA sent us $200 million in payment orders to be executed today in New York. We have informed the Colonel that we are not in a position to honor these instructions. Second, also subsequent to the transfer of sovereignty, COL Davis sent us an instruction to transfer $800 million from the DFI main account into the new DFI subaccount, which we understand informally was created by AMB Bremer to hold funds that are ear marked internally within Iraq for payments connected to existing contracts. We have also informed COL Davis that we are not in a position to honor this instruction either (especially since it would require liquidating $1 billion worth of the CBI’s [Central Bank of Iraq] holdings of USG [US Government] securities.” [US Congress, 2/6/2007, pp. 9 pdf file]

Entity Tags: Coalition Provisional Authority, US Federal Reserve

Timeline Tags: Iraq under US Occupation

Defense Secretary Donald Rumsfeld reportedly pressures the Army to conclude the investigations (see August 25, 2004) of Generals George Fay and Anthony R. Jones by late August, before the Republican Convention in New York. [Guardian, 9/13/2004 Sources: Scott Horton]

Entity Tags: Donald Rumsfeld, George R. Fay, Anthony R. Jones

Timeline Tags: Torture of US Captives

The Deputy Staff Judge Advocate for US Central Command (CENTCOM) says that Defense Secretary Donald Rumsfeld’s authorization of torture methods against detainees in US custody (see December 2, 2002) rendered such methods legal for use in Afghanistan. According to the lawyer: “[T]he methodologies approved for [Guantanamo]… would appear to me to be legal interrogation processes. [The secretary of defense] had approved them. The general counsel [Pentagon counsel William J. Haynes] had approved them.… I believe it is fair to say the procedures approved for Guantanamo were legal for Afghanistan.” [Huffington Post, 4/21/2009]

Entity Tags: Donald Rumsfeld, William J. Haynes, US Central Command

Timeline Tags: Torture of US Captives

Referring to the forthcoming Fay report (see August 25, 2004), an unnamed Pentagon adviser tells the Telegraph of London: “Some of the military lawyers are incandescent. There’s been a deliberate attempt to make sure the buck stops well before it gets to the doors of the civilian hierarchy.” [Sunday Telegraph, 8/15/2004]

Timeline Tags: Torture of US Captives

James Schlesinger.James Schlesinger. [Source: HBO]The four-member Independent Panel to Review Department of Defense Detention Operations completes its final report on its investigations into the prisoner abuses that are known to have taken place in US-run detention centers throughout Iraq and Afghanistan. The investigative panel, which includes James R. Schlesinger, Harold Brown, Tillie K. Fowler, and Gen. Charles A. Horner, finds that a failure of leadership, leading all the way to Defense Secretary Rumsfeld, contributed to the abuse of prisoners. Like the Fay report (see August 25, 2004), to be released the following day, and the February 2004 Taguba report (see March 9, 2004), the Schlesinger report concludes that a lack of oversight and supervision allowed incidents, such as that which occurred at Abu Ghraib, to occur. Unlike preceding investigations, the Schlesinger Panel takes issue with the notion that abuses resulted from the actions of a few bad apples and were not widespread, charging that there is “both institutional and personal responsibility at higher levels.” The panel however does not name names. Notwithstanding their criticisms of the secretary, all four members say that Rumsfeld’s mistakes were comparably less significant than those made by uniformed officers. The panel, appointed by the secretary himself, recommends against removing Rumsfeld from office. [New York Times, 8/25/2004] In sum, the panel finds:
bullet Defense Secretary Rumsfeld and his aides failed to anticipate significant militant resistance to the US invasion and did not respond quickly enough to it when its strength became apparent. [New York Times, 8/25/2004]
bullet The Department of Defense created confusion when it issued, retracted, and then re-issued its policy on interrogation methods. [New York Times, 8/25/2004]
bullet The failure to adequately staff Abu Ghraib contributed to the poor conditions and abuses that took place at the prison. The ratio of military police to prisoners at the facility was 75 to one. [New York Times, 8/25/2004]
bullet Responsibility for the abuses that took place at Abu Ghraib go beyond the handful of MPs present in the photographs. “We found a string of failures that go well beyond an isolated cellblock in Iraq,” panelist Tillie K. Fowler explains during a Pentagon press conference. “We found fundamental failures throughout all levels of command, from the soldiers on the ground to the Central Command and to the Pentagon. These failures of leadership helped to set the conditions which allowed for the abusive practice to take place.” [US Department of Defense, 8/24/2004; New York Times, 8/25/2004]
bullet Rumsfeld’s decision (see December 2, 2002) on December 2, 2002 to authorize 16 pre-approved additional interrogation procedures for use at the Guantanamo facility; his subsequent decision (see January 15, 2003) to rescind that authority, and the final April 16, 2003 decision (see April 16, 2003) providing a final list of approved techniques was “an element contributing to uncertainties in the field as to which techniques were authorized.” The methods on the list eventually “migrated to Afghanistan and Iraq where they were neither limited nor safeguarded.” [New York Times, 8/25/2004]
bullet The panel seemingly concludes that the interrogation methods approved for use in Afghanistan and at Guantanamo are lawful, fully agreeing that the Third Geneva Convention does not apply to detainees considered enemy combatants. The panel does not question whether the military was justified in classifying the detainees, or “terrorists,” as such. “The Panel accepts the proposition that these terrorists are not combatants entitled to the protections of Geneva Convention III. Furthermore, the Panel accepts the conclusion the Geneva Convention IV and the provisions of domestic criminal law are not sufficiently robust and adequate to provide for the appropriate detention of captured terrorists.” [US Congress, 9/9/2004, pp. 83 pdf file]
bullet The panel says that Gen. Ricardo Sanchez’s decision to classify some prisoners in Iraq as enemy combatants was “understandable,” even though Combined Joint Task Force 7 “understood there was no authorization to suspend application of the Geneva Conventions… .” [US Congress, 9/9/2004, pp. 83 pdf file]
bullet Abuses at Abu Ghraib involved both MPs and military intelligence personnel. “We now know these abuses occurred at the hands of both military police and military intelligence personnel,” the report says. “The pictured abuses, unacceptable even in wartime, were not part of authorized interrogations nor were they even directed at intelligence targets. They represent deviant behavior and a failure of military leadership and discipline. However, we do know that some of the egregious abuses at Abu Ghraib which were not photographed did occur during interrogation sessions and that abuses during interrogation sessions occurred elsewhere.… We concur with the Jones/Fay investigation’s (see August 25, 2004) conclusion that military intelligence personnel share responsibility for the abuses at Abu Ghraib with the military police soldiers cited in the Taguba investigation.” [New York Times, 8/25/2004]
bullet In Guantanamo, roughly one-third of all abuses were interrogation related. [New York Times, 8/25/2004]
bullet Contradicting the conclusions of the Red Cross report (see May 7, 2004), the Schlesinger report demonstrates that abuses were widespread. “Abuses of varying severity occurred at differing locations under differing circumstances and context,” the report’s authors write. “They were widespread and, though inflicted on only a small percentage of those detained… .” [New York Times, 8/25/2004]
bullet The abusive practices were not sanctioned by the military’s interrogation policy. “No approved procedures called for or allowed the kinds of abuse that in fact occurred. There is no evidence of a policy of abuse promulgated by senior officials or military authorities.” [New York Times, 8/25/2004]
bullet The panelists believe the abuses occurring during the night shift in Cell Block 1 of Abu Ghraib “would have been avoided with proper training, leadership and oversight.” [New York Times, 8/25/2004] Critics will say the report is a “whitewash,” noting that the panel cannot be considered independent given that it was appointed by Rumsfeld himself. Months before the panel completed its work, panelist Tillie Fowler said Rumsfeld should not be blamed for the abuses. “The secretary is an honest, decent, honorable man, who’d never condone this type of activity,” she said referring to the abuse at Abu Ghraib. “This was not a tone set by the secretary.” [New York Times, 6/6/2004]

Entity Tags: James R. Schlesinger, International Committee of the Red Cross, Harold Brown, Charles A. Horner, George R. Fay, Donald Rumsfeld, Tillie K. Fowler

Timeline Tags: Torture of US Captives, Civil Liberties

George Fay.George Fay. [Source: US Army]Generals George Fay and Anthony R. Jones release a final report describing the findings of their combined investigation of the abuses committed by US soldiers against detainees being held at Abu Ghraib. The investigation was initially ordered by Lt. Gen. Ricardo S. Sanchez, commander of CJTF-7, who charged Fay with determining whether the 205th Military Intelligence Brigade “requested, encouraged, condoned, or solicited Military Police (MP) personnel to abuse detainees and whether MI [military intelligence] personnel comported with established interrogation procedures and applicable laws and regulations.” Lt. Gen. Anthony R. Jones joined the investigation in June and was instructed to determine if “organizations or personnel higher” than the 205th Military Intelligence Brigade chain of command were involved in the Abu Ghraib abuses. [US Department of the Army, 3/9/2004] The report provides detailed descriptions of 44 separate incidents of abuse perpetrated by US soldiers against Abu Ghraib detainees beginning in September 2003. The abuses described include acts of sodomy, beatings, nudity, lengthy isolation, and the use of unmuzzled dogs aimed at making detainees urinate and defecate in fear. “The abuses spanned from direct physical assault, such as delivering head blows rendering detainees unconscious, to sexual posing and forced participation in group masturbation,” the authors say in the report. “At the extremes were the death of a detainee… an alleged rape committed by a US translator and observed by a female soldier, and the alleged sexual assault of an unknown female.” [Washington Post, 8/26/2005] Parts of the report are classified because, according to Army officials, they include references to secret policy memos. But when these classified sections are leaked to the New York Times by a senior Pentagon official, they do not appear to contain any sensitive material about interrogation methods or details of official memos. Instead, the secret passages demonstrate how interrogation practices from Afghanistan and Guantanamo were introduced to Abu Ghraib and how Sanchez played a major part in that process. [New York Times, 8/27/2004] Though the report lays most of the blame on MPs and a small group of military intelligence, civilian, and CIA interrogators, it does recommend disciplinary action for Col. Thomas M. Pappas and Lt. Col. Steven L. Jordan. “The primary causes are misconduct (ranging from inhumane to sadistic) by a small group of morally corrupt soldiers and civilians, a lack of discipline on the part of the leaders and soldiers of the 205 MI BDE [Military Intelligence Brigade] and a failure or lack of leadership by multiple echelons within CJTF-7.” Lt. Gen. Sanchez, the commander of Combined Joined Task Force (CJTF) 7, though mildly criticized, is still praised in the report as having performed “above expectations.” [US Department of the Army, 3/9/2004; Washington Post, 8/26/2005] Jones portrays the abuse as being only coincidentally linked to interrogations. “Most, though not all, of the violent or sexual abuses occurred separately from scheduled interrogations and did not focus on persons held for intelligence purposes.” Gen. Fay on the other hand writes that the majority of the victims of abuse were military intelligence holds, and thus held for intelligence purposes. In addition, he concludes that “confusion and misunderstanding between MPs and MI [military intelligence]” also contributed to acts of abuse. Military intelligence personnel ordered MPs to implement the tactic of “sleep adjustment.” “The MPs used their own judgment as to how to keep them awake. Those techniques included taking the detainees out of their cells, stripping them, and giving them cold showers. Cpt. [Carolyn A.] Wood stated she did not know this was going on and thought the detainees were being kept awake by the MPs banging on the cell doors, yelling, and playing loud music.” [US Department of Defense, 8/23/2004 pdf file]
Conclusions -
bullet Nearly 50 people were involved in the 44 incidents of abuse listed in the report: 27 military intelligence soldiers, 10 military police officers, four civilian contractors, and a number of other intelligence and medical personnel who failed to report the abuse. [Washington Post, 8/26/2005; Washington Post, 8/26/2005] Military intelligence soldiers were found to have requested or encouraged 16 of the 44 incidents. [Washington Post, 8/26/2005; Washington Post, 8/26/2005]
bullet The incidents of abuse included torture. “Torture sometimes is used to define something in order to get information,” Fay tells reporters. “There were very few instances where in fact you could say that was torture. It’s a harsh word, and in some instances, unfortunately, I think it was appropriate here. There were a few instances when torture was being used.” [Washington Post, 8/26/2005]
bullet Lt. Gen. Ricardo Sanchez and his staff “contributed indirectly to the questionable activities regarding alleged detainee abuse at Abu Ghraib” and failed “to ensure proper staff oversight of detention and interrogation operations.” [US Department of the Army, 3/9/2004; Washington Post, 8/26/2005] For example, Sanchez endorsed the use of stress positions, nudity, and military working dogs (see October 12, 2003), even though they had not been approved by Rumsfeld. [Washington Post, 8/26/2005] In spite of this, the executive summary of the report asserts that “the CJTF-7 Commander and staff performed above expectations… .” [US Department of the Army, 3/9/2004; Washington Post, 8/26/2005]
bullet Senior officers in Iraq failed to provide “clear, consistent guidance” for handling detainees. [US Department of the Army, 3/9/2004; Washington Post, 8/26/2005]
bullet There is no evidence that policy or instructions provided by senior US authorities sanctioned the types of abuses that occurred at Abu Ghraib. [Washington Post, 8/26/2005; Washington Post, 8/26/2005]
bullet CIA officials in the prison hid “ghost detainees” from human rights groups in violation of international law. [Washington Post, 8/26/2005]

Entity Tags: Steven L. Jordan, Ricardo S. Sanchez, George R. Fay, Anthony R. Jones, Thomas M. Pappas, Carolyn A. Wood

Timeline Tags: Torture of US Captives

At Fort Bragg, defense attorneys for Pfc. Lynndie England rely upon the two Pentagon reports (see August 24, 2004) (see August 25, 2004) released the previous week to argue that their client and other low-ranking MPs were following approved military intelligence procedures. The hearing is being held to investigate the nineteen charges against England and to determine whether she should face a court-martial. Thirteen of her charges relate to the abuse of detainees, while the others concern possession of sexually explicit photos. If convicted, England faces up to thirty-eight years in prison. [Associated Press, 8/30/2004]

Entity Tags: Lynndie England

Timeline Tags: Torture of US Captives

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