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Context of 'Fall 2003: Gen. Fast Commissions Investigation to Improve Intelligence and Detention in Iraq'

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Gen. Barbara Fast commissions an investigation to provide her with advice on improving intelligence and detention operations. A team is put together headed by retired Col. Stuart A. Herrington, a veteran of intelligence operations, and including a military intelligence officer and an Army intelligence official from the Pentagon. [Washington Post, 12/1/2004]

Entity Tags: Barbara G. Fast, Stuart A. Herrington

Timeline Tags: Torture of US Captives

The US Army investigates the report of a colonel who documented potential abuses of Iraqi detainees by a joint Special Operations and CIA task force looking for weapons of mass destruction. The report will be made public by the American Civil Liberties Union (ACLU) almost four years later (see August 15, 2007). The ACLU believes the colonel, whose name is redacted from the report, is Colonel Stuart Herrington (see December 12, 2003). The colonel reports that in late November someone called him with details of prisoner abuse that had occurred in June or July 2003 in the vicinity of Baghdad International Airport. The colonel’s source had previously reported the abuse to Major General Keith Dayton, commander of the Iraq Survey Group in charge of the hunt for weapons of mass destruction, and to officials in the Defense Intelligence Agency. The colonel meets with Major General Barbara Fast, the top intelligence officer in Baghdad, to brief her on his investigation into the matter, and gives her a copy of the report. The colonel is subsequently informed that the Judge Advocate General’s office attached to the US command in Iraq found “no evidence to support the allegations that detainees were mistreated.” The colonel believes this conclusion is a “cover-up,” and, in later testimony, will refer to his “blunt dismay” at the finding. He will testify that he cannot understand how his own report could have been taken so lightly given that he had provided names of the witnesses and “already had two people who admitted it.” Fast will later say to the colonel that she never saw his report until mid-2004, a statement that the colonel has trouble believing. Fast will be cleared of all allegations of misconduct by the Army inspector general, who will conclude that she took prompt action to alert the proper authorities once she was informed of the alleged abuse. [American Civil Liberties Union, 8/15/2007]

Entity Tags: US Department of the Army, American Civil Liberties Union, Barbara G. Fast, Central Intelligence Agency, Keith Dayton, Judge Advocate General Corps, Defense Intelligence Agency, Stuart A. Herrington

Timeline Tags: Torture of US Captives

The investigative team commissioned by Gen. Barbara Fast (see Fall 2003) arrives in Iraq for a week-long stay. Ten days later, Col. Stuart A. Herrington, who heads the team, delivers a report warning that rounding up innocent civilians in Iraq and mistreating them will be “counterproductive… to win the cooperation of the Iraqi citizenry.” [Washington Post, 12/1/2004]

Entity Tags: Barbara G. Fast, Stuart A. Herrington

Timeline Tags: Torture of US Captives

Barbara Fast.Barbara Fast. [Source: US Army]Col. Stuart A. Herrington, the head of an investigative commission charged with providing recommendations for improving intelligence and detention operations (see Fall 2003), issues a confidential 13-page report in which he documents several instances of abuse in Iraqi detention facilities. Herrington advises Gen. Barbara Fast that intelligence capabilities need to be significantly improved. Given that many detainees have been rounded up in Iraq, he concludes it is “disappointing that the opportunity to thoroughly and professionally exploit this source pool has not been maximized, in spite of your best efforts and those of several hundred MI [military intelligence] soldiers. Even one year ago, we would have salivated at the prospect of being able to talk to people like the hundreds who are now in our custody. Now that we have them, we have failed to devote the planning and resources to optimize this mission.” In addition, Herrington notices the practice of abusing prisoners. He specifically mentions Joint Task Force (JTF) 121. Some of its practices during arrest and detention, he writes, could “technically” be termed illegal. JTF-121 members are found to be abusing detainees throughout Iraq and to be using a secret interrogation facility. Captives delivered at Abu Ghraib have clearly been beaten. “Detainees captured by TF-121 have shown injuries that caused examining medical personnel to note that ‘detainee shows signs of having been beaten’.” Herrington concludes: “It seems clear that TF-121 needs to be reined in with respect to its treatment of detainees.” Sweeping roundups of Iraqis and their mistreatment will be “counterproductive… to win the cooperation of the Iraqi citizenry.” The report also mentions the practice of “Other Government Agencies,” referring to the CIA, creating so-called “ghost detainees” by not formally registering them when they are taken into custody. [Washington Post, 12/1/2004]

Entity Tags: Barbara G. Fast, Stuart A. Herrington

Timeline Tags: Torture of US Captives

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

The American Civil Liberties Union (ACLU) releases documents that provide evidence of a possible cover-up of Iraqi prisoner abuse by American personnel in 2003. The documents detail US Army Office of Inspector General investigations by three high-ranking Army officials: Major General Barbara Fast, then the top intelligence officer in Iraq (see December 2003); Major General Walter Wojdakowski; and former CENTCOM head Lieutenant General Ricardo Sanchez. The documents suggest that these three flag officers failed to act promptly when informed of the abuses at Abu Ghraib. They also show that an Army investigator found that the conditions of prisoners held in isolation at the Iraqi prison qualified as torture. “These documents make clear that prisoners were abused in US custody not only at Abu Ghraib, but also in other locations in Iraq,” says ACLU official Amrit Singh. “Rather than putting a stop to these abuses, senior officials appear to have turned a blind eye to them.” The documents also show that Major General George Fay (see August 25, 2004) found the conditions of prisoners held in isolation at Abu Ghraib to be torture: “[W]hat was actually being done at Abu Ghraib was they were placing people in their cells naked and they were—those cells they were placing them in, in many instances were unlit. No light whatsoever. And they were like a refrigerator in the wintertime and an oven in the summertime because they had no outside form of ventilation. And you actually had to go outside the building to get to this place they called the ‘hole,’ and were literally placing people into it. So, what they thought was just isolation was actually abuse because it’s—actually in some instances, it was torturous. Because they were putting a naked person into an oven or a naked person into a refrigerator. That qualifies in my opinion as torture. Not just abuse.” Fay also noted in the document that a memo from then-Secretary of Defense Donald Rumsfeld authorizing removal of clothing created a ‘mindset’ in which that kind of humiliation was considered an “acceptable technique.” He noted that even though Rumsfeld later rescinded the memo (see August 25, 2004), not everyone received notice that the interrogation of naked prisoners was no longer permissible. [American Civil Liberties Union, 8/15/2007]

Entity Tags: Donald Rumsfeld, American Civil Liberties Union, Amrit Singh, Barbara G. Fast, US Department of the Army, George R. Fay, Walter Wojdakowski, Ricardo S. Sanchez, Office of the Inspector General (US Army )

Timeline Tags: Torture of US Captives

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