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no retreat, no surrender
http://www.pbs.org/now/politics/prisonermemos.html

Prisoner Policies and Documents
American treatment of prisoners of the Iraq and Afghanistan conflicts keeps making news. One year after the explosive release of the prisoner abuse photos from Abu Ghraib, new allegations are still coming to light. On April 27, 2005, watchdog group Human Rights Watch released a report maintaining that the Abu Ghraib abuses were merely the "tip of the iceberg" in an ongoing practice of maltreatment of prisoners. Two days earlie,r a United Nations monitor's report accused the U.S. military and its contractors in Afghanistan of acting above the law "by engaging in arbitrary arrests and detentions and committing abusive practices, including torture."

Just the week before, an Army investigation cleared four of the five top Army officers overseeing prison policies and operations in Iraq of responsibility for the abuse of detainees. The Senate Armed Services Committee had requested the review of the top officers by the Army. Only Army Reserve Brigadier General Janis Karpinski was held responsible; she maintains she is being made a scapegoat. THE NEW YORK TIMES has reported that Senator John W. Warner, who heads the Armed Services Committee, will call for yet another hearing on senior officer accountability in the detainee abuse scandal. Nine soldiers have been charged in connection with the abuse at Abu Ghraib prison. Several have been sentenced to prison terms and discharged from the Army.

Meanwhile, the Army is about to issue new guidelines in the first major revision of an interrogations manual in 13 years. The TIMES reports that the new manual will specifically prohibit some of the practices seen in the Abu Ghraib photos — "stripping prisoners, keeping them in stressful positions for a long time, imposing dietary restrictions, employing police dogs to intimidate prisoners and using sleep deprivation as a tool to get them to talk." These practices were neither condoned nor prohibited in the previous manual.

The question of what policies both the Army, and the Bush administration, were following in Iraq, Afghanistan and at the base in Guantanamo Bay, Cuba has been a matter of much legal contention. Several groups, including the American Civil Liberties Union and the Center for Constitutional Rights, have used the Freedom of Information Act to obtain documents discussing everything from interrogation practices to administration memos on whether or not the U.S. is bound by the Geneva Conventions in the War on Terror. These documents have not only raised legal questions, but caused debate even among military and law enforcement officials over whether torture leads to useful information gathering.

Below are links that will lead to you many documents relating to prisoner treatment. Also, see NOW's look at the legal cases related to prisoner's rights.

Documents

ACLU: Torture FOIA
The ACLU filed a request on Oct. 7, 2003 under the Freedom of Information Act demanding the release of information about detainees held overseas by the United States. A lawsuit was filed in June 2004 demanding that the government comply with the October 2003 FOIA request. The site contains the documents released as a result. The ACLU is still seeking the release of additional documents.

The Center for Constitutional Rights
The Center for Constitutional Rights, party to some lawsuits on behalf on Guantanamo detainees, has posted the controversial Pentagon "Working Group Report on Detainee Interrogations in the Global War on Terrorism: Assessment of Legal, Historical, Policy and Operational Considerations" from 2003 on its Web site. Read the Pentagon Report


Center for Public Integrity
The Abu Ghraib Supplementary Documents project includes background materials from Army Major General Anthony Taguba's investigation into abuses of military detainees in Iraq. The documents include high-level policy memos, special investigations and witness testimony.

The Man in the Hood: New Accounts of Prisoner Abuse in Iraq
Video of reporter Donovan Webster's talk at the University of Virginia. Webster published an article on Abu Ghraib detainees in VANITY FAIR in February, 2005.

National Security Archive at George Washington University
The Interrogation Documents: Debating U.S. Policy and Methods collection contains 14 documents originating from the White House, the Pentagon and the Justice Department concerning the Administration's interrogation policies released by the White House in June, 2004 as well as other documents leaked to the press. The site also includes the press releases from the White House and the Department of Defense related to the documents.

NEWSWEEK
Reporter Michael Isikoff obtained a classified memo by Deputy Assistant Attorney General John Yoo which argued "Afghanistan was a 'failed State' whose territory had been largely overrun and held by violence by a militia or faction rather than by a government. Accordingly, Afghanistan was without the attributes of statehood necessary to continue as a party to the Geneva Conventions." Read the Jan. 9, 2002 memo from John Yoo, Deputy Assistant Attorney General; Michael Isikoff, "Double Standard?" NEWSWEEK, May 21, 2004; Michael Isikoff, "Memos Reveal War Crimes Warnings," NEWSWEEK; John Barry, Michael Hirsh and Michael Isikoff, "The Roots of Torture," NEWSWEEK; "A Tortured Debate," NEWSWEEK

THE WASHINGTON POST: Bush Administration Documents on Interrogation
The WASHINGTON POST provides an annotated guide to the documents about interrogation procedures released by the Bush administration in June 2004. Among the documents: Memorandum from Assistant Attorney General Jay S. Bybee to The White House Counsel on the status of Taliban Forces under Article 4 of the Third Geneva Convention of 1949.



Additional sources: BBC Q and A on Abuse Scandal; Human Rights Watch Report; International Committee of the Red Cross; Christian Peacemaker Team

Related Stories:
no retreat, no surrender
Abu Ghraib Interview

Bryan Myers
Producer, PBS NOW
Friday, April 29, 2005; 11:00 AM



The release of photographs from inside Abu Ghraib prison and their display in the media shocked Americans and added fuel to the controversy about American detainees. Among those was the infamous photo of a man wearing a black hood and attached to a series of wires. Haj Ali , who now works for a prisoner's association, claims that he was the man in the photograph and describes his experience at Abu Ghraib to the PBS newsmagazine NOW.

NOW's interview with Haj Ali airs Friday night on PBS (check local listings). Read more on NOW's website.

Producer Bryan Myers was online to discuss the program.

A transcript follows.

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Anonymous: My first reaction upon seeing the photos from Abu Ghraib were to take some pillows from my couch and start throwing them all over my house. Not only did this shatter American credibility when negotiating with other countries about human rights - it delegitimized the American invasion from an already deeply flawed reason for invasion.

It was a massive failure that has Congress just shrugging its shoulders and saying "that's old news."

I can assure you the people in those prisons don't think its old news. People have long memories, and we will regret our actions there.

Bryan Myers: Some may see it as old news, however, we are now just learning about many of the instances of abuse and torture, as the government documents are just starting to come to light, the result of lawsuits and efforts by the media. If you've been reading the papers regularly, you know there has been a steady drip of new stories with each passing day. As long as that continues, this story will live. Many people we spoke with are of the opinion that this issue won't pass until the Administration makes an effort to deal with it in a comprehensive and concerted fashion, such as a call for special Congressional hearings or the appointment of an independent counsel.

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Arlington, Va.: In a few polls soon after the photos of Abu Ghraib were released, a large percentage of Americans, almost a majority, indicated that they had no problem with torture. Shouldn't this be the most disturbing thing to come out of this scandal?

Bryan Myers: We're still pretty close to 9/11, as such, the wounds are still pretty fresh. I think you are right, many people don't seem too bothered by Abu Ghraib or other allegations of abuse and torture that have come to light. As one FBI agent told us, many Americans seem to have feelings akin to revenge--i.e., "good for them." However, I also don't think most Americans realize the extent and magnitude of the allegations of abuse. This wasn't just Abu Ghraib, but Guantanamo, Pakistan, Bagram, and all sorts of other places detainees were being held, and many places we don't even know about. What is very telling about the government documents that have come to light as a result of Freedom of Information Request is that much of the allegations don't come from the detainees themselves, but lower ranking soldiers or other government employees, like FBI agents, alerting their superiors, saying, "You need to really know what is going on here."

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Wheaton, Md.: If you're truly concerned with human rights, why not do a report on the countless atrocities committed against the Iraqi people by Hussein's regime? The fact that you only show concern about Abu Ghraib proves your network cares less about human rights than they do about bashing the U.S. government.

Bryan Myers: In response, a couple of observations...First, it's well known that Saddam Hussein was a very bad dictator who committed very bad acts. Secondly, we are a program on American television for an American, not Iraqi, audience. And as American journalists, our obligation is, first and foremost, to examine the actions and policies of our leaders. Make no mistake, there is a hugely profound issues at stake here: Are we going to be a people true to the values on which our country was founded? Former Navy Admiral John Hutson said it best in our interview with him: we are not a nation bound by one common ethnicity, nor bound by one common religion. We are not a nation that bows down before a monarch or emperor. What has always united Americans is our belief in the "rule of law"--the notion that our laws are applied to everyone, without bias or prejudice. The "rule of law" isn't a "rule" if we only apply those laws when it is easy and convenient, or only apply them to people we like. It is living within the law when it is hard and difficult that defines who we are and who we want to be.

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Bronxville, N.Y.: In your opinion, why has Gen. Sanchez been able to walk away from any charges and even retain command in civilian military operations? Clearly, he authorized the use of additional interrogation techniques beyond the original 17 approved by the Geneva convention. Also, can you speak about the additional interrogation techniques (beyond GC) that are still being used after the Abu Ghraib abuses? Furthermore, what are your thoughts about how Military Police and Military Intelligence interfaced in the interrogation of prisoners, i.e. softening up, etc.

Bryan Myers: As to why General Sanchez has not been more strongly reprimanded, I do not know. However, there has been a concern expressed that he may have committed perjury in his Congressional testimony when he stated he did not approve harsh interrogation techniques. Documents recently came to light showing he did approve such techniques. Regarding the role of the military police vs. the interrogators, there has been reporting by other sources (see the Wall Street Journal of Jan 26th) suggesting that there was some tension between the MP's and the interrogators at Guantanamo Bay, with the MP's displeased with some of the things they were seeing.

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Washington, D.C.: Mr. Myers, I'm very much looking forward to tonight's broadcast. How did you get access to Ali Haj? And how can you be certain he is indeed the man behind the black hood? Thank you.

Bryan Myers: While researching our story, it was our desire to interview a former detainee about his/her first hand experiences. At one point, my associate on this story, Na Eng, spoke with an organization called Christian Peacemakers which has interviewed and documented the stories of many former Iraqi detainees. It was Christian Peacemakers who suggested we contact Ali. We did, calling him at his home in Iraq. As far as the issue of, "How do we know?": The U.S. military confirms Ali was indeed a prisoner at Abu Ghraib at the height of the abuse scandal. Ali has also turned over to his lawyers a blanket similar to the one worn by the man in the photo. The man in the photo also seems to have a deformity to his left hand--Ali has such a deformity. Lawyers and human rights groups have also vouched for his story. However, all that said, there is no way we, at this point, can say with absolute certainty he is the man, and in our report, we make clear that this is his account of what he believes happened.

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Oslo, Norway: Has Haj Ali attempted to seek compensation from the U.S.?

Bryan Myers: Yes, he is a plaintiff, along with other former Iraqi prisoners, in a suit against TITAN and CACI, the two private contractors that participated in interrogations and whose employees are alleged to have participated in the abuses at Abu Ghraib.

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Washington, D.C.: What happened to the prisoners in Abu Ghraib sickened me and made me embarrassed to be an American. I consider the soldiers and their leaders to be in the same lot as the 9/11 terrorists.

If you still have contact with them, please pass my condolences on to the people affected by our troops mistreatment.

Bryan Myers: We will let Haj Ali, the man featured in our story, know that you are thinking of him and his family.

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Denver, Colo.: This report by NOW has already, as you might expect, been criticized by a variety of blogs that say there is no way this person can definitively claim he's "the" prisoner in the famous photograph. So, how did you confirm it?

Bryan Myers: See answer to similar question.

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Arlington, Va.: Why was Haj Ali imprisoned?

Bryan Myers: Haj Ali was a mayor of a Baghdad suburb and a member of the Baath party. At the time of his arrest, American troops were arresting many religious and civic leaders suspected of having information about the insurgency. It's assumed he was arrested in that sweep. Ali says he had nothing to do with the insurgency. According to Ali, once taken to Abu Ghraib it was after his repeated denials that his interrogations got harsher and harsher.

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New York, N.Y.: Can you outline which official and unofficial government inquiries into torture at Abu Ghraib have been authorized? Also, what was the role of the Navy in disputing the approval of additional interrogation techniques authorized by Donald Rumsfeld?

Bryan Myers: Boy, love to help you, but, there have numerous government investigations into abuse allegations at Abu Ghraib and elsewhere--too many to list here. However, the criticisms of those investigations are twofold: that the military is not able to investigate itself, and that none of them have focused on the possible culpability of officers and DOD officials "up the food chain," so to speak. The ACLU's website may provide a list and synopsis of the inquiries conducted so far.

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Annandale, Va.: "Hussein was a bad dictator who committed very bad acts..." that's like saying Hitler was a bad man who committed very bad acts..now let's get back to bashing Americans you infer.

I'm an ex-National Guardsman whose unit is now deployed overseas fighting for freedom and the freedom of poor oppressed Iraqis and Afghan people. When I see the killing that occurs of the Iraqi people and American soldiers--the beheadings and utter murder and then I compare it to the humiliation that these prisoners endured that you show as so horrible I just realize how absurd and out of touch with reality the media is.

Bryan Myers: Are you suggesting that because the insurgents in Iraq are committing horrible crimes, we, as reporters, should ignore abuse and torture committed by Americans? A willingness to admit our own mistakes is the essence of the democracy you talk about. You also characterize the treatment of the detainees as "humiliation." The Army itself it is investigating 27 homicides of prisoners in American custody. Most would not consider homicide as "humiliation."

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Washington, D.C.: The images from Abu Ghraib and Guantanamo Bay are very disturbing. It seems to be hypocritical to say that we're bringing them democracy and the rule of law, when our tactics seem little different from Saddam's. It is a very dangerous precedent to use the label "enemy combatant" to suspend legal rights and civil treatment (Geneva Convention). What is to stop the government from creating and "enemy of the state" category to deny its own citizens the right of due process?

Bryan Myers: Absolutely, one of the criticisms of the administration's policy regarding the detainees has been how it has created new words and terminology to define the legal status (or non-legal status) of the detainees--"Enemy combatants" or "unlawful combatants" being just two examples. If I may make a book recommendation, pick up a copy of "The Torture Papers: The Road to Abu Ghraib." It is a compendium of all the administration memos and e-mails on this subject, in which there are repeated discussions of how to keep the detainees beyond the reach of the American courts and the protections of the Geneva Conventions. To many we spoke with, including former government lawyers, this demonstrates an awareness on the part of the Administration that they were up to something sly and not quite right from the get go.

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Washington, D.C.: I suspect that one reason the Abu Ghraib stories have not provoked much outrage in the U.S. is because the story has been dominated by incidents of humiliation and intimidation, rather than physical harm. Legal definitions aside, many Americans may have been repulsed by the hoods and naked pyramids, but not disposed to refer to those abuses as "torture" (particularly when seen against the beheadings and other physical crimes that the insurgency has carried out against Western hostages).

How much of the abuses at Abu Ghraib involved physical harm? Do you think the Western media has done an adequate job of publicizing that portion of the scandal?

Bryan Myers: There are numerous allegations of extremely abusive physical treatment of prisoners at Abu Ghraib--stories of things like beatings and electrocutions. There is at least one known instance of a prisoner having died at Abu Ghraib. The photos that we are all so familiar with don't illustrate the full magnitude of what is alleged to have occurred, hence, some people's inclination to dismiss what was going on as something of a fraternity prank.

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Elkhart, Ind.: Have been reading the questions and you might want to let people know that very good sources for following investigations on torture and abuse are available at Human Rights First (on line), Human Rights Watch, also on line, as well as the ACLU.

Bryan Myers: As you request, I pass your information along.

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New York, N.Y.: Isn't the classification of prisoners as non-combatants at the heart of Bush's authorization to ignore the Geneva Convention? Do you have any information on who is deprived of Geneva Convention protections?

Bryan Myers: It's the administration's decision to not classify them as "prisoners of war" that goes to the heart of their decision to not apply the Geneva Conventions. Had they determined them to be POW's, they would have been bound by the Conventions. I refer you to a January 19, 2002 document in which Secretary of Defense Donald Rumsfeld informs the Chairman of the Joint Chiefs of Staff that suspected Al Qaeda and Taliban fighters are "not entitled to prisoner of war status" under the Geneva Convention. Justice Department officials also ratified that opinion, arguing that Al Qaeda and Taliban fighters are kind like of "pirates," and don't deserve protection because they aren't a legitimate nation state. However, critics point out that the United States recognized the Taliban government of Afghanistan as being a legitimate government prior to 9/11.

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Santa Rosa, Calif.: I've read a few scattered reports that the Department of Defense has a lot more photos of torture, and that these photos depict even more heinous acts (including rape) than the ones that have been publicly released. It was written that these were some of the images shown to Congress several months ago. Have you heard about this? Any truth to it?

Bryan Myers: I have not heard about any of the specific images which you mention; however, it is clear we have yet to see all government records related to the treatment of detainees. For instance, there are videotapes from Guantanamo which purportedly show so-called Swift Reaction Teams beating prisoners. The ACLU has filed a Freedom of Information request for those videos; that request is pending.

_______________________

Bryan Myers: It's been a real pleasure to hear from everyone, and for the opportunity to answer some thought-provoking questions. I hope you get a chance to watch "NOW" tonight. Thank you. Bryan Myers.

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Anonymous: This is a question for everyone: is this the way we want Arabs and Muslims to view Americans and Christians, as a culture and religion that is supposed to stress love and respect, even towards our enemies?

Bryan Myers: One final thought from a reader to pass along...

http://www.washingtonpost.com/wp-dyn/conte...2800508_pf.html
no retreat, no surrender
Haj Ali's Story





On Friday, April 29, 2005 at 9 p.m. on PBS (check local listings), in " Few Bad Men?" NOW broadcasts the first in-depth American television interview with Haj Ali, a former prisoner who says he was the man under the black hood in the infamous photo from Abu Ghraib. "Abu Ghraib is a breeding ground for insurgents," says Ali, who describes his experience in detail. "99% of the people brought in are innocent, but with all the insults and torture, it makes them ready to do just about anything." Read more about Ali and his experiences below.


Before the Iraq war Haj Ali was the mayor of the Al Madifai district, near Baghdad. After the U.S. took control of the area he was removed from his position. As an official, he was required to join the ruling Baath Party. Haj Ali then worked as an administrator for a mosque, until he was picked up off the street one day in October 2003. Today Haj Ali works for a prisoner's association. He says he has no part in the insurgency.
IN HIS OWN WORDS: THE MAN IN THE PHOTO


Q: How confident are you that you are the man in that photo?

HAJ ALI: Actually the hood covered my head, and they took almost a hundred photos. Because all those who were present-as those who speak English were telling me- that whenever a soldier is visited by a friend of his, they would pull a prisoner and take a photograph with him. They would put the prisoners in some abnormal positions and take photos with them. I experienced this situation. I am 100% sure of that.

I remember the American bean box, even the pipes behind me which were used to conduct electricity, they used two wires. I'm telling you what I remember from when they took the hood off my head, I saw the electric wires, one of them was black and the other was red. The end of the electric wires were hook shaped.

AFTERMATH OF THE PHOTO RELEASE


HAJ ALI: We were surprised that that an American [television] station broadcasted these photos. But we have two reasons to explain why the photos were released; the first is not that they admired the human rights, but because of the polarity of the American elections. And the second explanation for doing that is to instill fear in the Iraqi resistance, but it backfired on them to the nth degree.

Before that, a person was able to negotiate with them, but then these photos were published and the facts became clear about what the American Army is doing in Iraq and what the real occupation is.

What is more, is that the people who appeared in the photo and the process of their punishment occurred in such a jeering way. This meant the method insulted all of humanity. These have to be punished according to the Geneva [Conventions] or according to the American law.

AFTERMATH OF ABU GHRAIB

Q: When you were released, did anyone ever apologize to you? To this day, has anyone from the US military ever apologized?

HAJ ALI: No, never, they just said you were arrested by mistake … and they put a hood over my head. Then they put us in a truck with about 30- 40 other people. And they just pushed me off the truck.

Q: How are you faring today?

HAJ ALI: Definitely, nightmares come, because I stayed five days without food or water, with torture. I always have this feeling, like conscious dreams. Sometimes these scenes appear in front of my eyes, even while I am not asleep.

I put my faith in God. Our strength and our resistance come from our faith in God, especially a person who considers himself not guilty and he is the object of abuse and punishment. There were others who couldn't resist [the torture], and they gave up names of innocent people to trade for their release from prison. But God gave us the strength, and we believe in God. For a truly faithful man, God gives the person the great strength to be patient to endure the pain, abuse and insults that we were subjected to. But keep in mind that not all people are equal in their tolerance. As I told you, there were people who judged others.

HAJ ALI TODAY

HAJ ALI: I work full time for the prisoner's association. The association's mission is to follow up on the cases of prisoners who have been accused of resisting the occupation. The group's name is the Victims of the American Occupation Prisoners Association.

The group aims to follow up on prisoner cases, their families, the sick. We make contact with prisoners and try to help them, and try to get treatment for them through doctors who have made efforts to treat them free of charge. And to follow up cases of the prisoners.


http://www.pbs.org/now/politics/hajali.html
no retreat, no surrender
Did anyone catch this PBS show?

Don't forget to watch 60 minutes tonight for another detainee story.
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Military Investigation Proves Prisoner Abuse At Guantanamo All Headline News
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