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Profile: Ricardo S. Sanchez
Positions that Ricardo S. Sanchez has held:
- Lieutenant General, US Army
Ricardo S. Sanchez was a participant or observer in the following events:
Defense Secretary Donald Rumsfeld signs a memo on interrogation methods approving 24 of the 35 techniques recommended by the Pentagon working group (see April 4, 2003) earlier in the month. The new set of guidelines, to be applied to prisoners at Guantanamo and Afghanistan, is a somewhat softer version of the initial interrogation policy that Rumsfeld approved in December 2002 (see December 2, 2002). [Roth and Malinowski, 5/3/2004; Washington Post, 5/11/2004; Age (Melbourne), 5/13/2004; Washington Post, 5/13/2004; Los Angeles Times, 5/22/2004; Newsweek, 5/24/2004; Wall Street Journal, 6/7/2004; MSNBC, 6/23/2004; Truthout (.org), 6/28/2004] Several of the techniques listed are ones that the US military trains Special Forces to prepare for in the event that they are captured by enemy forces (see December 2001 and July 2002). [New York Times, 5/13/2004]
Two Classes of Methods - The list is divided into two classes: tactics that are authorized for use on all prisoners and special “enhanced measures” that require the approval of Lieutenant General Ricardo Sanchez. The latter category of methods includes tactics that “could cause temporary physical or mental pain,” like “sensory deprivation,” “stress positions,” “dietary manipulation,” forced changes in sleep patterns, and isolated confinement. [Washington Post, 5/11/2004; Washington Post, 5/13/2004] Other techniques include “change of scenery down,” “dietary manipulation,” “environmental manipulation,” and “false flag.” The first 18 tactics listed all appear in the 1992 US Army Field Manual (FM) 34-52, with the exception of the so-called “Mutt-and-Jeff” approach, which is taken from an obsolete 1987 military field manual (1987 FM 34-52). [USA Today, 6/22/2004] The approved tactics can be used in conjunction with one another, essentially allowing interrogators to “pile on” one harsh technique after another. Categories such as “Fear Up Harsh” and “Pride and Ego Down” remain undefined, allowing interrogators to interpret them as they see fit. And Rumsfeld writes that any other tactic not already approved can be used if he gives permission. Author and reporter Charlie Savage will later write, “In other words, there were no binding laws and treaties anymore—the only limit was the judgment and goodwill of executive branch officials. ” [Savage, 2007, pp. 181] The use of forced nudity as a tactic is not included in the list. The working group rejected it because its members felt it might be considered inhumane treatment under international law. [Associated Press, 6/23/2004]
Result of Discussions among Pentagon Officials - The memo, marked for declassification in 2013 [Truthout (.org), 6/28/2004] , is the outcome, according to Deputy General Counsel Daniel Dell’Orto, of discussions between Rumsfeld, William J. Haynes, Douglas Feith, Paul Wolfowitz, and General Richard Myers. [Washington File, 6/23/2004] One US official explains: “There are very specific guidelines that are thoroughly vetted. Everyone is on board. It’s legal.” However in May 2004, it will be learned that there was in fact opposition to the new guidelines. Pentagon lawyers from the Army Judge Advocate General’s office had objected (see May 2003 and October 2003) and many officials quietly expressed concerns that they might have to answer for the policy at a later date (see (April 2003)). [Washington Post, 5/11/2004; Washington Post, 5/13/2004]
Janis Karpinski. [Source: US Army]Army Brig. Gen. Janis Karpinski, commander of the 800th MP Brigade (see June 29, 2003), is given control of 17 prisons in Iraq, including Abu Ghraib. The 800th MP Brigade is attached, but not formally assigned to Combined Joint Task Force (CJTF) 7, the command of US troops in Iraq. Gen. Ricardo S. Sanchez has “Tactical Control” over Karpinski and her brigade, allowing him, in the later words of Lt. Gen. Anthony R. Jones (see Shortly before August 24, 2004), “the detailed and usually local direction and control of movements and maneuver necessary to accomplish missions and tasks.” However, according to Jones’s account, Sanchez does not have “Operational Control,” which would provide “full authority to organize commands and forces and employ them as the commander considers necessary to accomplish assigned missions.” [US Department of Defense, 8/23/2004 ] Thus Sanchez, Karpinski will later explain, “was not my boss, but I answered to him.” The 800th MP Brigade remains assigned to the Coalition Forces Land Component Command (CFLCC), headed by Lt. Gen. David D. McKiernan in Kuwait. McKiernan, according to Karpinski, “insisted that we remain assigned to CFLCC, because he was concerned that the CJTF-7 headquarters was going to break us up and use us in lots of different military police functions [—] it was a dysfunctional line of command.” [Signal Newspaper, 7/4/2004]
Maj. Gen. Geoffrey Miller files a classified report at the end of his 10-day visit (see August 31, 2003-September 9, 2003) to Iraq, recommending that Iraq’s detention camps be used to collect “actionable intelligence” and that some military police at Abu Ghraib be trained to set “the conditions for the successful interrogation and exploitation of internees/detainees.”
“Detention operations must act as an enabler for interrogation… to provide a safe, secure, and humane environment that supports the expeditious collection of intelligence,” he writes. [US Department of the Army, 3/9/2004; Washington Post, 5/16/2004; New Yorker, 5/17/2004; New Yorker, 5/24/2004] He suggests that a detention guard force with Combined Joint Task Force (CJTF) 7 be selected to provide active assistance to the interrogators They should be put under the control of the Joint Interrogation Debriefing Center (JIDC) Commander (later to be Lt. Col. Steven Jordan), he says. [US Department of the Army, 3/9/2004] “We’re going to select the MPs who can do this, and they’re going to work specifically with the interrogation team.”
[Signal Newspaper, 7/4/2004]
“We are going to send MPs in here who know how to handle interrogation.”
[Washington Post, 5/12/2004] He also suggests that the military close Camp Cropper in southern Iraq. Miller’s recommendations are included in a memo that is sent for review to Lt. Gen. William Boykin, the deputy undersecretary of defense for intelligence (see May 1, 2003). [Washington Post, 5/16/2004; New Yorker, 5/24/2004]
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 ] 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 ] 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 ] 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 ] 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]
An Abu Ghraib memo on Interrogation Rules of Engagement is distributed to military intelligence officers at Abu Ghraib. The memo, which all military intelligence officers are required to sign, includes a detailed description of the acceptable interrogation methods that were approved in September (see September 10, 2003)
(see September 14-17, 2003). The memo’s detailed list includes “the use of yelling, loud music, a reduction of heat in winter and air conditioning in summer,…. ‘stress positions’ for as long as 45 minutes every four hours,” and “dietary manipulation.” The memo also allows officers to remove “incentive items” from detainees such as religious material.
[Washington Post, 6/12/2004] It permits for the “presence of working dogs” and the confining of detainees in isolation cells, “in some cases without a prior approval from General [Ricardo S. ] Sanchez.”
[New York Times, 5/22/2004] The approved policy now includes 32 interrogation techniques that can, with only the consent of the interrogation officer in charge, be used at any time at Abu Ghraib. [Washington Post, 6/12/2004] The document also states that “at no time will detainees be treated inhumanely nor maliciously humiliated.”
[Washington Post, 5/16/2004]
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]
Defense Secretary Donald Rumsfeld, at the request of CIA Director George Tenet, orders military officials in Iraq to keep an unnamed high-value detainee being held at Camp Cropper off the records. The order is passed down to Gen. Richard B. Myers, chairman of the Joint Chiefs of Staff, then to Gen. John P. Abizaid, the commander of American forces in the Middle East, and finally to Lt. Gen. Ricardo S. Sanchez, the ground commander in Iraq. “At each stage, lawyers reviewed the request and their bosses approved it,” the New York Times will report. “This prisoner and other ‘ghost detainees’ were hidden largely to prevent the International Committee of the Red Cross from monitoring their treatment, and to avoid disclosing their location to an enemy,” the newspaper will report, citing top officials. The prisoner—in custody since July 2003—is suspected of being a senior officer of Ansar al-Islam, an Islamic group with ties to al-Qaeda. Shortly after being captured by US forces, he was deemed an “enemy combatant” and thus denied protection under the Geneva conventions. Up until this point, the prisoner has only been interrogated once. As a result of being kept off the books, the prison system looses track of the detainee who will spend the next seven months in custody. “Once he was placed in military custody, people lost track of him,” a senior intelligence official will tell the New York Times. “The normal review processes that would keep track of him didn’t.” [New York Times, 6/17/2004; Reuters, 6/17/2004; Fox News, 6/17/2004]
The commander of US forces in Iraq, General Ricardo Sanchez, says the week of unprecedented violence in Iraq is nothing more than “a strategically and operationally insignificant surge of attacks.” Less than 24 hours later, the US will suffer its biggest single loss of troops since the invasion began (see November 2, 2003). [Knight Ridder, 11/2/2003; Rich, 2006, pp. 108]
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).
Col. Marc Warren, a top legal officer to Lt. Col. Ricardo S. Sanchez, steps down from the security detainee release board for prisoners in Iraq. His resignation follows that of generals Barbara Fast and Janis Karpinski (see Early November 2003). They are replaced by several colonels and other personnel, “so as to provide more opportunity for the meetings,” according to a military official, in order to speed up the release of detainees. The new board starts meeting twice a week. [New York Times, 6/19/2004]
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.
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 ] 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 ] 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 ]
Col. Thomas M. Pappas sends a classified cable to Lt. Gen. Ricardo Sanchez requesting permission to use more intense interrogation methods on a 31-year-old Syrian suspected of having knowledge about the illegal flow of money, arms, and foreign fighters into Iraq. Pappas says in the cable that the interrogators at Abu Ghraib would like to use the “fear up harsh” method, which according to military documents means “significantly increasing the fear level in a security detainee.” The Washington Post will later report that the plan’s details were as follows: “First, the interrogators were to throw chairs and tables in the man’s presence at the prison and ‘invade his personal space.’ Then the police were to put a hood on his head and take him to an isolated cell through a gantlet of barking guard dogs; there, the police were to strip-search him and interrupt his sleep for three days with interrogations, barking, and loud music….” [Washington Post, 5/16/2004]
In February 2004, Maj. Gen. Antonio Taguba, leading an investigation into detainee abuse at Abu Ghraib prison, will come to believe that Lt. Gen. Ricardo Sanchez, US Army commander in Iraq, and some other generals at the military headquarters in Baghdad had extensive knowledge of the abuse even before a CD-ROM of abuse photographs was given to military intelligence. Taguba was aware that in late 2003, when most of the photographed abuse took place, Sanchez routinely visited the prison, and personally witnessed at least one interrogation. In 2007, Taguba will say, “Sanchez knew exactly what was going on.” [New Yorker, 6/17/2007]
The Army Criminal Investigation Division (CID) agent who received the Abu Ghraib prison photographs from Spc. Joseph Darby (see January 13, 2004), calls his boss, a colonel, who takes them to Lt. Gen. Ricardo S. Sanchez. [Signal Newspaper, 7/4/2004] Within three days, a report on the photos makes its way to Donald Rumsfeld, who informs President Bush, though it is not clear exactly when Bush is informed (see Late January-Mid-March 2004). [New Yorker, 5/24/2004] Within the Pentagon, few people are informed—unusually few—according to Hersh, who will later write that knowledge of the abuses were “severely, and unusually restricted.” A former intelligence official will tell him: “I haven’t talked to anybody on the inside who knew; nowhere. It’s got them scratching their heads.” Rumsfeld and his civilian staff, Lt. Gen. Ricardo S. Sanchez and Gen. John P. Abizaid, reportedly try to suppress the issue during the first months of the year. “They foresaw major diplomatic problems,” according to a Pentagon official. [New Yorker, 5/17/2004] According to one former intelligence official, the Defense Secretary’s attitude is: “We’ve got a glitch in the program. We’ll prosecute it.” The former official explains to Seymour Hersh, “The cover story was that some kids got out of control.” [New Yorker, 5/24/2004]
Bantz Craddock. [Source: US European Command]On January 15, 2004, Lieutenant General Bantz Craddock, Defense Secretary Donald Rumsfeld’s senior military assistant, and Vice-Admiral Timothy Keating, director of the Joint Staff of the Joint Chiefs of Staff, are e-mailed a summary of the Abu Ghraib abuses depicted on a CD-ROM recently given to an army investigative unit two days before (see January 13, 2004). The summary says that about ten soldiers are shown in the pictures and are involved in acts including: “Having male detainees pose nude while female guards pointed at their genitals; having female detainees exposing themselves to the guards; having detainees perform indecent acts with each other; and guards physically assaulting detainees by beating and dragging them with choker chains.” On January 20, Central Command sends another e-mail to Keating, Craddock, and Lieutenant General Ricardo Sanchez, the top US Army commander in Iraq. It confirms the detainee abuse took place, is well-documented with photos, and says that “currently [we] have 4 confessions implicating perhaps 10 soldiers.” General Richard Myers, chairman of the Joint Chiefs of Staff, will later acknowledge in testimony that around this time, information about the abuse and the photographs 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.” [New Yorker, 6/17/2007]
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]
Gen. Janis Karpinski is disciplined by Lt. Col. Ricardo S. Sanchez with a Memorandum of Admonishment and relieved of duty. She herself suspends Lt. Col. Jerry L. Phillabaum and Cpt. Donald Reese from their duties. [US Department of the Army, 3/9/2004]
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]
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]
In February 2004, a confidential report by the International Committee of the Red Cross says that “military intelligence officers told [us] that in their estimate between 70 percent and 90 percent of the persons deprived of their liberty in Iraq had been arrested by mistake.” Half or more of all prisoners in Iraq are held at Abu Ghraib prison near Baghdad. This report echoes the conclusions of an unpublished US Army report by Maj. Gen. Donald Ryder given to Lt. Gen. Ricardo Sanchez, the top US commander in Iraq, on November 5, 2003 (see November 5, 2003). Ryder, the US Army’s provost marshal, reported that some Iraqis had been held for several months for nothing more than expressing “displeasure or ill will” towards US troops. And it said the process for deciding which arrested Iraqis posed security risks and which should be released violated the military’s own policies. It also complains that the continuing influx of new prisoners detained despite little evidence against them threatens to strain the prison system. Senior officers claim that Brig. Gen. Barbara Fast, the top Army intelligence officer in Iraq, often ruled last against the release of prisoners, even vetoing the recommendations of a military police commander and military intelligence officers. [New York Times, 5/30/2004] Similarly, Maj. Gen. Antonio Taguba, who investigates abuses at Abu Ghraib prison around this time (see February 26, 2004), will later say very few prisoners there were affiliated with any terrorist group. Taguba saw classified documents revealing that there were only “one or two” suspected al-Qaeda prisoners at Abu Ghraib. Most of the detainees were not even connected to the Iraqi insurgency. [New Yorker, 6/17/2007] Despite this evidence, Pentagon spokesperson Brig. Gen. Mark Kimmitt will later claim, “If they were innocent, they wouldn’t be at Abu Ghraib.… The number that were released because they were innocent? That number… is zero. Persons are held at Abu Ghraib because they are determined to be security threats, imminent security threats here in [Iraq].” [New York Times, 5/30/2004]
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]
Coalition Joint Task Force-7, an Army command in Afghanistan, is still operating under rules of interrogation issued by CENTCOM commander General Ricardo Sanchez in September 2003 and rescinded in October 2003 (see October 12, 2003). This information comes from a report issued by Brigadier General Richard Formica (see November 2004) and from documents released by the American Civil Liberties Union (see July 10, 2006). The September 2003 rules allowed for the use of attack dogs, stress positions, sleep deprivation, and “environmental manipulation”—subjecting prisoners to extremes of heat and cold. In February 2004, a JTF-7 officer asked in a memo: “Can you verify that this [the September Sanchez memo] is a valid, signed policy? If not, can you send me (or steer me toward) the current policy?” The officer received a reply consisting of another copy of the September memo. On May 16, 2004, unit commanders become aware that the September memo had been superceded by reading news reports. [American Civil Liberties Union, 7/10/2006] According to the Defense Department, the September memo was “erroneously” provided to JTF-7. The Defense Department credits the Formica investigation for finding the error, which, Defense officials say, was “corrected immediately.… In the months between the policy’s creation and the investigation, some interrogations had been conducted using five unapproved interrogation methods, but none had resulted in abuse.” The official will note: “That’s the important point—we found [the error] and looked into it. When we discovered the error, we corrected it immediately.” [Armed Forces Press Service, 6/17/2006]
General Peter Pace, vice chairman of the Joint Chiefs of Staff, admits that interrogation techniques used by US guards and interrogators in Baghdad’s Abu Ghraib prison violated the Geneva Conventions. Pace says he is not sure who approved those techniques. Pace, who a week before had blamed lower-ranking soldiers for carrying out the abuses (see May 5, 2004), contradicts Defense Secretary Donald Rumsfeld, who has insisted that the techniques used on prisoners at Abu Ghraib meet international standards for humane treatment. In a hearing conducted by the Senate Armed Services Committee, Jack Reed (D-RI) asks Pace what he would think if he saw a US Marine in enemy custody, bound, naked, and forced into a painful position with a hood over his head. Would it violate the Geneva standards? Reed asks. “I would describe it as a violation, sir,” Pace replies. Reed notes that just that sort of treatment had previously been authorized by Lieutenant General Ricardo Sanchez, commander of US ground forces in Iraq. Pace says he knows of no military guidelines that would allow prisoners to be put in so-called “stress positions,” denied sleep, threatened with dogs, or kept in isolation for weeks on end. Committee Democrats contend with the committee chairman, John Warner (R-VA), who initially attempts to stop discussion of the Abu Ghraib torture allegations and focus only on the issue of the Bush administration’s new request for $25 million in funding for the military actions in Iraq and Afghanistan. Warner eventually gives way to the Democrats after Ted Kennedy (D-MA) says: “I’ve been in the Senate 42 years, and I have never been denied the opportunity to question any person that’s come before a committee, on what I wanted to ask for it. And I resent it and reject it on a matter of national importance.” The New York Times notes, “Outrage over the prison abuse has been near-universal, but in recent days Republicans have been quicker than Democrats to try to change the subject or insist on limiting release of the new prison photos.” House Majority Leader Tom DeLay (R-TX) says that “[s]ome people are overreacting” to the prison photos and surrounding revelations of abuse. “The people who are against the war are using this to their political ends.” [New York Times, 5/13/2004]
The generals who were most involved in setting interrogation policy in Iraq are invited to hearings by US Congress. Lt. Col. Ricardo S. Sanchez announces he has revoked, as of the previous day, all authorizations for coercive practices, including sensory deprivation, forcing detainees into “stress positions,” and keeping them awake. Although he still makes an exception for very rare circumstances, he says. [Observer, 5/16/2004]
A Defense Intelligence Agency (DIA) document shows that Lieutenant General Ricardo Sanchez, the supreme commanding officer of US forces in Iraq, approved of extreme interrogation methods to be used by military interrogators against detainees. A DIA officer in charge of a team of interrogators states that there is a 35-page order spelling out the rules of engagement that interrogators are supposed to follow, and that they are encouraged to “go to the outer limits to get information from the detainees by people who wanted the information.” When asked to whom the officer is referring, the officer answers, “LTG Sanchez.” The officer states that the expectation coming from “headquarters” is to break the detainees. [American Civil Liberties Union, 5/2/2006]
Lt. Col. Ricardo S. Sanchez and Maj. Gen. Geoffrey D. Miller appear before a classified session of the Permanent Select Committee on Intelligence. The following day, Representative Jane Harman shoots a letter off to Miller saying there were “gaps and discrepancies” in his presentation and accuses him of selectively withholding information. She also tells him that she now questions his candor. [Newsweek, 6/7/2004]
Attempting to stem the flow of bad publicity and world-wide criticism surrounding the revelations of torture at Abu Ghraib prison in Baghdad and similar reports from Guantanamo Bay, Attorney General Alberto Gonzales and Pentagon general counsel William J. Haynes, accompanied by Pentagon lawyer Daniel Dell’Orto, give a lengthy press conference to discuss the US’s position on interrogation and torture. Gonzales and Haynes provide reporters with a thick folder of documents, being made public for the first time. Those documents include the so-called “Haynes Memo” (see November 27, 2002), and the list of 18 interrogation techniques approved for use against detainees (see December 2, 2002 and April 16, 2003). Gonzales and Haynes make carefully prepared points: the war against terrorism, and al-Qaeda in particular, is a different kind of war, they say. Terrorism targets civilians and is not limited to battlefield engagements, nor do terrorists observe the restrictions of the Geneva Conventions or any other international rules. The administration has always acted judiciously in its attempt to counter terrorism, even as it moved from a strictly law-enforcement paradigm to one that marshaled “all elements of national power.” Their arguments are as follows:
Always Within the Law - First, the Bush administration has always acted within reason, care, and deliberation, and has always followed the law. In February 2002, President Bush had determined that none of the detainees at Guantanamo should be covered under the Geneva Conventions (see February 7, 2002). That presidential order is included in the document packet. According to Gonzales and Haynes, that order merely reflected a clear-eyed reading of the actual provision of the conventions, and does not circumvent the law. Another document is the so-called “torture memo” written by the Justice Department’s Office of Legal Counsel (see August 1, 2002). Although such legal opinions carry great weight, and though the administration used the “torture memo” for months to guide actions by military and CIA interrogators, Gonzales says that the memo has nothing to do with the actions at Guantanamo. The memo was intended to do little more than explore “the limits of the legal landscape.” Gonzales says that the memo included “irrelevant and unnecessary” material, and was never given to Bush or distributed to soldiers in the field. The memo did not, Gonzales asserts, “reflect the policies that the administration ultimately adopted.” Unfortunately for their story, the facts are quite different. According to several people involved in the Geneva decision, it was never about following the letter of the law, but was designed to give legal cover to a prior decision to use harsh, coercive interrogation. Author and law professor Phillippe Sands will write, “it deliberately created a legal black hole into which the detainees were meant to fall.” Sands interviewed former Defense Department official Douglas Feith about the Geneva issue, and Feith proudly acknowledged that the entire point of the legal machinations was to strip away detainees’ rights under Geneva (see Early 2006).
Harsh Techniques Suggested from Below - Gonzales and Haynes move to the question of where, exactly, the new interrogation techniques came from. Their answer: the former military commander at Guantanamo, Michael E. Dunlavey. Haynes later describes Dunlavey to the Senate Judiciary Committee as “an aggressive major general.” None of the ideas originated in Washington, and anything signed off or approved by White House or Pentagon officials were merely responses to requests from the field. Those requests were prompted by a recalcitrant detainee at Guantanamo, Mohamed al-Khatani (see August 8, 2002-January 15, 2003), who had proven resistant to normal interrogation techniques. As the anniversary of the 9/11 attacks approached, and fears of a second attack mounted, Dell’Orto says that Guantanamo field commanders decided “that it may be time to inquire as to whether there may be more flexibility in the type of techniques we use on him.” Thusly, a request was processed from Guantanamo through military channels, through Haynes, and ultimately to Defense Secretary Donald Rumsfeld, who approved 15 of the 18 requested techniques to be used against al-Khatani and, later, against other terror suspects (see September 25, 2002 and December 2, 2002). According to Gonzales, Haynes, and Dell’Orto, Haynes and Rumsfeld were just processing a request from military officers. Again, the evidence contradicts their story. The torture memo came as a result of intense pressure from the offices of Rumsfeld and Vice President Cheney. It was never some theoretical document or some exercise in hypothesizing, but, Sands will write, “played a crucial role in giving those at the top the confidence to put pressure on those at the bottom. And the practices employed at Guantanamo led to abuses at Abu Ghraib.” Gonzales and Haynes were, with Cheney chief of staff David Addington and Justice Department lawyers John Yoo and Jay Bybee (the authors of the torture memo), “a torture team of lawyers, freeing the administration from the constraints of all international rules prohibiting abuse,” in Sands’s words. Dunlavey was Rumsfeld’s personal choice to head the interrogations at Guantanamo; he liked the fact that Dunlavey was a “tyrant,” in the words of a former Judge Advocate General official, and had no problem with the decision to ignore the Geneva Conventions. Rumsfeld had Dunlavey ignore the chain of command and report directly to him, though Dunlavey reported most often to Feith. Additionally, the Yoo/Bybee torture memo was in response to the CIA’s desire to aggressively interrogate another terror suspect not held at Guantanamo, Abu Zubaida (see March 28, 2002). Sands will write, “Gonzales would later contend that this policy memo did ‘not reflect the policies the administration ultimately adopted,’ but in fact it gave carte blanche to all the interrogation techniques later recommended by Haynes and approved by Rumsfeld.” He also cites another Justice Department memo, requested by the CIA and never made public, that spells out the specific techniques in detail. No one at Guantanamo ever saw either of the memos. Sands concludes, “The lawyers in Washington were playing a double game. They wanted maximum pressure applied during interrogations, but didn’t want to be seen as the ones applying it—they wanted distance and deniability. They also wanted legal cover for themselves. A key question is whether Haynes and Rumsfeld had knowledge of the content of these memos before they approved the new interrogation techniques for al-Khatani. If they did, then the administration’s official narrative—that the pressure for new techniques, and the legal support for them, originated on the ground at Guantanamo, from the ‘aggressive major general’ and his staff lawyer—becomes difficult to sustain. More crucially, that knowledge is a link in the causal chain that connects the keyboards of Feith and Yoo to the interrogations of Guantanamo.”
Legal Justifications Also From Below - The legal justification for the new interrogation techniques also originated at Guantanamo, the three assert, and not by anyone in the White House and certainly not by anyone in the Justice Department. The document stack includes a legal analysis by the staff judge advocate at Guantanamo, Lieutenant Colonel Diane Beaver (see October 11, 2002), which gives legal justifications for all the interrogation techniques. The responsibility lies ultimately with Beaver, the three imply, and not with anyone higher up the chain. Again, the story is severely flawed. Beaver will give extensive interviews to Sands, and paint a very different picture (see Fall 2006). One Naval Criminal Investigative Service (NCIS) psychologist, Mike Gelles (see December 17-18, 2002), will dispute Gonzales’s contention that the techniques trickled up the chain from lower-level officials at Guantanamo such as Beaver. “That’s not accurate,” he will say. “This was not done by a bunch of people down in Gitmo—no way.” That view is supported by a visit to Guantanamo by several top-ranking administration lawyers, in which Guantanamo personnel are given the “green light” to conduct harsh interrogations of detainees (see September 25, 2002).
No Connection between Guantanamo, Abu Ghraib - Finally, the decisions regarding interrogations at Guantanamo have never had any impact on the interrogations at Abu Ghraib. Gonzales wants to “set the record straight” on that question. The administration has never authorized nor countenanced torture of any kind. The abuses at Abu Ghraib were unauthorized and had nothing to do with administration policies. Much evidence exists to counter this assertion (see December 17-18, 2002). In August 2003, the head of the Guantanamo facility, Major General Geoffrey Miller, visited Abu Ghraib in Baghdad, accompanied by, among others, Diane Beaver (see August 31, 2003-September 9, 2003). They were shocked at the near-lawlessness of the facility, and Miller recommended to Lieutenant General Ricardo Sanchez, the supreme US commander in Iraq, that many of the same techniques used at Guantanamo be used in Abu Ghraib. Sanchez soon authorized the use of those techniques (see September 14-17, 2003). The serious abuses reported at Abu Ghraib began a month later. Gelles worried, with justification, that the techniques approved for use against al-Khatani would spread to other US detention facilities. Gelles’s “migration theory” was controversial and dangerous, because if found to be accurate, it would tend to implicate those who authorized the Guantanamo interrogation techniques in the abuses at Abu Ghraib and elsewhere. “Torture memo” author John Yoo called the theory “an exercise in hyperbole and partisan smear.” But Gelles’s theory is supported, not only by the Abu Ghraib abuses, but by an August 2006 Pentagon report that will find that techniques from Guantanamo did indeed migrate into Abu Ghraib, and a report from an investigation by former defense secretary James Schlesinger (see August 24, 2004) that will find “augmented techniques for Guantanamo migrated to Afghanistan and Iraq where they were neither limited nor safeguarded.” [White House, 7/22/2004; Vanity Fair, 5/2008]
Entity Tags: US Department of Justice, Phillippe Sands, Ricardo S. Sanchez, Office of Legal Counsel (DOJ), Taliban, US Department of Defense, William J. Haynes, Naval Criminal Investigative Service, Richard (“Dick”) Cheney, Michael Gelles, Bush administration (43), Daniel J. Dell’Orto, Mohamed al-Khatani, Diane E. Beaver, Donald Rumsfeld, Alberto R. Gonzales, Al-Qaeda, Abu Zubaida, Geneva Conventions, Michael E. Dunlavey, John C. Yoo, Federal Bureau of Investigation, Jay S. Bybee, George W. Bush, Geoffrey D. Miller, James R. Schlesinger, Douglas Feith
Timeline Tags: Torture of US Captives, Civil Liberties
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 ]
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]
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]
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]
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]
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]
CIA officials in the prison hid “ghost detainees” from human rights groups in violation of international law. [Washington Post, 8/26/2005]
The Center for Constitutional Rights (CCR), based in New York, and the Republican Lawyers’ Association in Berlin, file a criminal complaint in Germany against Donald Rumsfeld, George Tenet, Stephen A. Cambone, Ricardo S. Sanchez, and Janis Karpinski, alleging responsibility for war crimes at Abu Ghraib. The German 2002 Code of Crimes Against International Law grants German courts universal jurisdiction in cases involving war crimes or crimes against humanity. The center is representing five Iraqis who claim they were victims of mistreatment that included beatings, sleep and food deprivation, electric shocks, and sexual abuse. [Deutsche Welle (Bonn), 11/30/2004] Though German law stipulates that prosecution can be dismissed in cases where neither the victim nor the perpetrator are German citizens or are outside Germany and cannot be expected to appear before court, [Deutsche Welle (Bonn), 11/30/2004] that fact that Sanchez is based at a US base in Germany makes it possible that the case will be heard. [Deutsche Welle (Bonn), 11/30/2004]
A secret witness in the court-martial of a US soldier charged with murdering an Iraqi prisoner (see November 26, 2003 and October 5, 2004) says that the soldier, Chief Warrant Officer Lewis Welshofer, disregarded interrogation rules so casually that he wrote a memo warning his CIA superiors. The witness testifies in open court, but is shielded behind a curtain to protect his identity. (Defense lawyers accidentally exposed the witness’s ties to the CIA during previous questioning.) The testimony is conducted in public after much legal wrangling, with lawyers from the Colorado Springs Gazette and other media outlets insisting that the witness’s testimony be conducted in open court. The witness says Welshofer, accused of smothering the prisoner, did not seem to care. “He said he was pretty sure they were breaking those rules every day.” Earlier witnesses have testified that the techniques used by Welshofer—which included covering the prisoner’s head with a bag, wrapping electrical cord around the bag, sitting on the man’s chest, and covering his mouth—were forbidden by order of CENTCOM commander Lieutenant General Ricardo Sanchez. Another witness, Chief Warrant Officer Todd Sonnek, a Green Beret assigned to interrogations at the makeshift prison near the Syrian border, says that two days before Mowhoush’s death, he witnessed Welshofer bringing CIA and Iraqi paramilitary fighters in to witness his interrogation of the prisoner, which Welshofer called an implementation of the accepted method called “fear-up,” in which an interrogator attempts to terrify a prisoner into divulging information. Welshofer, along with the CIA officials and Iraqi fighters, questioned Mowhoush, and interrupted the questions with insults and slaps. Instead of cowering in fear, Mowhoush became enraged and broke free from his plastic handcuffs. Sonnek says he wrestled Mowhoush to the ground, and everyone in the room joined in beating and kicking Mowhoush. Sonnek testifies that Mowhoush was able to walk unaided back to his cell; other witnesses have said that it took five soldiers to carry him back to it. [Rocky Mountain News, 1/17/2006; Colorado Springs Gazette, 1/19/2006; Rocky Mountain News, 1/24/2006] Welshofer will be convicted, but will not serve jail time or even be discharged from the Army (see January 24, 2006).
Army documents released by the American Civil Liberties Union (ACLU) reveal that Lieutenant General Ricardo Sanchez, the former commander of US forces in Iraq, ordered military interrogators to “go to the outer limits” to get information from detainees (see May 19, 2004). The documents also show that senior government officials were aware of abuse in Iraq and Afghanistan before the Abu Ghraib scandal broke. ACLU executive director Anthony Romero says: “When our leaders allow and even encourage abuse at the ‘outer limits,’ America suffers. A nation that works to bring freedom and liberty to other parts of the world shouldn’t stomach brutality and inhumanity within its ranks. This abuse of power was engineered and accepted at the highest levels of our government.” The ACLU also releases an April 2004 information paper entitled “Allegations of Detainee Abuse in Iraq and Afghanistan” that outlined the status of 62 investigations of detainee abuse at Abu Ghraib (see April 2, 2004). According to the ACLU, the documents show that, far from being the work of “a few bad apples” as alleged by President Bush and other White House officials (see Mid-May 2004, August 2004, September 10, 2004, and October 1, 2004), the torture and abuse of prisoners at Abu Ghraib was systematic and authorized by high-level officials, including Sanchez. “These documents are further proof that the abuse of detainees was widespread and systemic, and not aberrational,” says ACLU attorney Amrit Singh. “We know that senior officials endorsed this abuse, but these officials have yet to be held accountable.” Other documents show that US soldiers escaped prosecution after killing a detainee in their custody (see March 3, 2005), several reports of detainee abuse are considered “true/valid” (see May 25, 2004), and a military doctor cleared a detainee for further interrogations even after documenting injuries inflicted by beatings and electric shocks (see June 1, 2004). [American Civil Liberties Union, 5/2/2006]
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]
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