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The Abu Ghraib Convictions: a Miscarriage of Justice
Buffalo Public Interest Law Journal Volume 32 Article 4 9-1-2013 The Abu Ghraib Convictions: A Miscarriage of Justice Robert Bejesky Follow this and additional works at: https://digitalcommons.law.buffalo.edu/bpilj Part of the Human Rights Law Commons, and the Military, War, and Peace Commons Recommended Citation Robert Bejesky, The Abu Ghraib Convictions: A Miscarriage of Justice, 32 Buff. Envtl. L.J. 103 (2013). Available at: https://digitalcommons.law.buffalo.edu/bpilj/vol32/iss1/4 This Article is brought to you for free and open access by the Law Journals at Digital Commons @ University at Buffalo School of Law. It has been accepted for inclusion in Buffalo Public Interest Law Journal by an authorized editor of Digital Commons @ University at Buffalo School of Law. For more information, please contact [email protected]. THE ABU GHRAIB CONVICTIONS: A MISCARRIAGE OF JUSTICE ROBERT BEJESKYt I. INTRODUCTION ..................... ..... 104 II. IRAQI DETENTIONS ...............................107 A. Dragnet Detentions During the Invasion and Occupation of Iraq.........................107 B. Legal Authority to Detain .............. ..... 111 C. The Abuse at Abu Ghraib .................... 116 D. Chain of Command at Abu Ghraib ..... ........ 119 III. BASIS FOR CRIMINAL CULPABILITY ..... ..... 138 A. Chain of Command ....................... 138 B. Systemic Influences ....................... 140 C. Reduced Rights of Military Personnel and Obedience to Authority ................ ..... 143 D. Interrogator Directives ................ .... -
A Rhetorical Analysis of the Abu Ghraib Prisoner Abuse Scandal Elizabeth Jane Durham Smith Wayne State University
Wayne State University DigitalCommons@WayneState Wayne State University Dissertations 1-1-2010 The nI tersection Of Image, Rhetoric, And Witnessing: A Rhetorical Analysis Of The Abu Ghraib Prisoner Abuse Scandal Elizabeth Jane Durham Smith Wayne State University, Follow this and additional works at: http://digitalcommons.wayne.edu/oa_dissertations Recommended Citation Durham Smith, Elizabeth Jane, "The nI tersection Of Image, Rhetoric, And Witnessing: A Rhetorical Analysis Of The Abu Ghraib Prisoner Abuse Scandal" (2010). Wayne State University Dissertations. Paper 85. This Open Access Dissertation is brought to you for free and open access by DigitalCommons@WayneState. It has been accepted for inclusion in Wayne State University Dissertations by an authorized administrator of DigitalCommons@WayneState. THE INTERSECTION OF IMAGE, RHETORIC AND WITNESSING: A RHETORICAL ANALYSIS OF THE ABU GHRAIB PRISONER ABUSE SCANDAL by ELIZABETH J. DURHAM SMITH DISSERTATION Submitted to the Graduate School of Wayne State University, Detroit, Michigan in partial fulfillment of the requirements for the degree of DOCTOR OF PHILOSOPY 2010 MAJOR: COMMUNICATION Approved by: ________________________________________ Advisor Date ________________________________________ ________________________________________ ________________________________________ ________________________________________ © COPYRIGHT BY ELIZABETH J. DURHAM SMITH 2010 All Rights Reserved DEDICATION Had it not been for these individuals, this journey would never have been undertaken or seen through -
T-Martial Record
T-MARTIAL RECORD: NAME RED6Rtc.K,LVAni L. ) 1l SSG SSN. ACTIONS CODED: ASSIGNED O: INITIAL PANEL `sr ACCA.. EXAM. DIV. FINAL COMPANION(S): RETURNTHIS.FILE TO: OFFICE OF THE CLERK OF COURT US. ARMY . JU_D1:CIrAR.Y 901 NORTH. STUART STREET" SU ITE -1200 ARLINGTON, VA. 222034 837 VOL OF VOL(S) ND 2 0 0 4 1 1 2 9 ARMY JALS-CC FORM 24, tOCTOBER 2000 . 018660 ACLU-RDI 1755 p.1 DOD-041839 VOL *Ek of VII ORIGINAL COPY VERBATIM' RECORD OF TRIAL2 (and accompanying papers) OF 64)2)424) -21- FREDERICK, Ivan L., II 111111111110 Staff Sergeant (NAME: Last, First Middle Initial) (Social Security Number) (Rank) HHC, 16th MP Bde (ABN) III Corps US Army Victory Base, Iraq (unit/Command Name) (Branch of Service) (Station or Ship) BY GENERAL COURT-MARTIAL CONVENED BY COMMANDING GENERAL (Title of Convening Authority) Headquarters, III Corps (Unit/Command of Convening Authority) TRIED AT Baghdad and Victory Base, Iraq ON 19 May, 21-22 Jun; 24 Aug; 20-21 Oct 04 (Place or Places of Trial) (Date or Dates of Trial) COMPANION CASES: SPC AMBUHL, Megan M., SGT DAVIS, Javal S., SPC GRANER, Charles A., Jr., c6A z, f 2 SPC HARMAN, Sabrina D., SPC SIVITS, Jeremy C., SPC CRUZ, Arman J., PFC ENGLAND, Lynndie R., f Transcript R.490 through prosecutionexh ribits cp o I Insert "verbatim" or summarized" as appropriate. (This form will be used by the Army and Navy for verbatim records of trial only.) 2 See inside back cover for instructions as to preparation and arrangement. -
A Decade After Abu Ghraib: Lessons in Softening up the Enemy and Sex-Based Humiliation
Minnesota Journal of Law & Inequality Volume 31 Issue 1 Article 1 June 2013 A Decade after Abu Ghraib: Lessons in Softening Up the Enemy and Sex-Based Humiliation Johanna Bond Follow this and additional works at: https://lawandinequality.org/ Recommended Citation Johanna Bond, A Decade after Abu Ghraib: Lessons in Softening Up the Enemy and Sex-Based Humiliation, 31(1) LAW & INEQ. 1 (2013). Available at: https://scholarship.law.umn.edu/lawineq/vol31/iss1/1 Minnesota Journal of Law & Inequality is published by the University of Minnesota Libraries Publishing. 1 A Decade After Abu Ghraib: Lessons In "Softening Up" The Enemy and Sex-Based Humiliation Johanna Bondi Introduction In April 2004, many in the United States and around the world watched with horror as the now-infamous photographs of torture and abuse at Abu Ghraib Prison emerged. The photos depicted images of U.S. soldiers engaged in torture and cruel, inhuman, and degrading treatment.! Among other things, the photos documented the sexual abuse and humiliation of Iraqi detainees in the prison.' The photographs depict naked detainees, some of whom were forced to engage in sex acts or simulated sex acts.3 Sworn statements of the detainees at Abu Ghraib reveal a pattern of abuse and degradation, including "details of how they were sexually humiliated and assaulted, threatened with rape, t. Johanna Bond, Associate Dean for Academic Affairs and Associate Professor of Law, Washington & Lee University School of Law. 1. Joshua L. Dratel, The Legal Narrative,in THE TORTURE PAPERS: THE ROAD To ABU GHRAIB xxi (Karen J. Greenberg & Joshua L. -
Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 109 CONGRESS, FIRST SESSION
E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, FIRST SESSION Vol. 151 WASHINGTON, TUESDAY, MAY 10, 2005 No. 60 House of Representatives The House met at 12:30 p.m. clusions reached about Iraq’s weapons committees that deal with intelligence f of mass destruction programs. matters now. The committee could gar- The 9/11 Commission took the first ner input from various groups includ- MORNING HOUR DEBATES step in identifying what ails the intel- ing the intelligence community, other The SPEAKER. Pursuant to the ligence community, by pointing out governmental organizations such as order of the House of January 4, 2005, that it’s a community in name only. It CRO, CBO and GAO, and from outside the Chair will now recognize Members needs centralized direction and coordi- groups such as think tanks, former from lists submitted by the majority nation. The intelligence reform bill Members of Congress, and experts in and minority leaders for morning hour Congress enacted last year establishes the field. debates. The Chair will alternate rec- a director of national intelligence and Moreover, both the 9/11 Commission ognition between the parties, with each tries to address this problem. and the Robb-Silverman Commission party limited to not to exceed 30 min- I also believe that Congress did not made suggestions about how Congress utes, and each Member except the ma- challenge the intelligence community should reform itself to do a better job jority leader, the minority leader or aggressively enough before we invaded with intelligence issues. -
Standard Operating Procedure
Presents STANDARD OPERATING PROCEDURE A film by Errol Morris (117 mins, USA, 2008) Distribution Publicity Bonne Smith 1028 Queen Street West Star PR Toronto, Ontario, Canada, M6J 1H6 Tel: 416-488-4436 Tel: 416-516-9775 Fax: 416-516-0651 Fax: 416-488-8438 E-mail: [email protected] E-mail: [email protected] www.mongrelmedia.com High res stills may be downloaded from http://www.mongrelmedia.com/press.html 2 STANDARD OPERATING PROCEDURE Sony Pictures Classics and Participant Productions Present An Errol Morris Film Music by Danny Elfman, Production Designer, Steve Hardie, Edited by Andy Grieve, Steven Hathaway, and Dan Mooney Directors of Photography, Robert Chappell & Robert Richardson, ASC Executive Producers, Jeff Skoll, Diane Weyermann, Martin Levin, Julia Sheehan, and Robert Fernandez Produced by Julie Bilson Ahlberg Produced & Directed by Errol Morris 3 STANDARD OPERATING PROCEDURE Director’s Statement Is it possible for a photograph to change the world? Photographs taken by soldiers in Abu Ghraib prison changed the war in Iraq and changed America’s image of itself. Yet, a central mystery remains. Did the notorious Abu Ghraib photographs constitute evidence of systematic abuse by the American military, or were they documenting the aberrant behavior of a few “bad apples”? We set out to examine the context of these photographs. Why were they taken? What was happening outside the frame? We talked directly to the soldiers who took the photographs and who were in the photographs. Who are these people? What were they thinking? Over two years of investigation, we amassed a million and a half words of interview transcript, thousands of pages of unredacted reports, and hundreds of photographs. -
Taguba Annex 25-26
~ .~ : DATE: 28 JAN 04 FROM: SAC , ABO GRHUYEB PRISON COMPLEX (CID) TO: DIRECTOR , USACFC , USACIDC , FORT BELVOIR , VA COR, HQOSACIDC / /CIOP-ZA// COR , 10TH MP EN (CID) (ABN) (FWD) / /OPS!! COR , 3D MP GROUP (CID)//OPS// SJ1\, 410 LNO CT D , CJTF- 7 (FOR FURTHER DISTR IBUT ION) COR , 8 a OTH r1P BDE COR, 320TH MP BN COR , 20STH MI BDE SUBJECT: CID REPORT - 7TH STATUS/SSI - 0003- 04- C1 D~ 83130- 6CI SC2R/S Y2B/ 5Y2 01 SY2 E/ SX1 / 5M3 / SXS 1 SX7 DRAFTER: PIERON, TYLER M. RELEASER: ARTHUR , PAUL UNCLASSIFIED - FOR OFFICIA~ USE ONLY 1. DATES/TIMES/LOCATIONS OF OCCU~RENCES: . 10 SEP 03/0001 - 9 NOV 03/2400; WING 1A. I ' I' AREA, BAGHDAD CORRECTIONAL FACI~ITY , ABU GHRUYEB. T r 15 Jan 04/1520 - 19 Jan 04/2400; UNKNOWN L .,. IU\j BAGHDAD CORRECTIONAL FACILITY , ABU GHRUYEB, IRAQ 14 JAN 04/0656 - 14 ,TAN 04/1115; ABU GHRUJ OFFICE; ABU GHRUYEB I IRAQ DATE/TIME REPORTED: 13 JAN 04/221'1 3. INVESTIGATED BY: SA PAUL D. ARTHUR, 5474; SA Tl PIERON, 6128; SA ~~NORA 1EM, 5914; SA JAMES BOERNEF - . f; SA WARREN WORTH, 5434; SA SCOTT BOBECK , 5684 4. SUBJECT: 1. (ADDJ GRANER JR., CHARLES ALLAN; ; M; WHITE; ; PITTSBURG, PAl 37~ MILITARY POLICE COMPANY, CUMBERLAND , MD ~150?; CT; (DEPLOYED TO ABU GHRUYEB PRISON, IRAQ); (ASSAULT) , 'ECENT ACTS) (DERELICTION OF DUTYj (FAILURE TO OBEY AN OFU REGULATIONJ (CRUELTY AND MALTREATMENT) (CONSPIRA=~J V~ E~) ~' ENDANGERMENT J -; -; - . -~= 2. (ADD) FREDERICK II, IVAN LO~JELL; S ND t'-L ; M; WHITE; OAKLAND, IvJD; 372 L,p' POLICE COMPANY , CUMBERLAND, MD 21502; CT; (DEPLOYEC' GHRUYEB PRISON, IRAQ); lASSAUITj lINDECENT 1I,CTS I (DERELICTION OF DUTYj (FAILURE TO OBEY AN ORDER OR REGULATIONj (CRUELTY AND MALTREATMENTj (CONSPIRACY! (OBSTRUCTION OF JUSTICEj (RECKLESS E'.NDANGERMENT J 3. -
Army Lawyer Feb.Indd
THE ARMY LAWYER Headquarters, Department of the Army February 2011 ARTICLES Fight for Your Country, Then Fight to Keep Your Children: Military Members May Pay the Price . Twice Major Jeri Hanes Something More Than a Three-Hour Tour: Rules for Detenti on and Treatment of Persons at Sea on U.S. Naval Warships Major Winston G. McMillan Surviving the Multi plicity/LIO Family Vortex Captain Gary E. Felicetti TJAGLCS PRACTICE NOTES Faculty & Staff , The Judge Advocate General’s Legal Center & School LEGAL RESEARCH NOTE Researching Biomedical Literature on PubMed Heather M. Enderle BOOK REVIEWS The Secrets of Abu Ghraib Revealed: American Soldiers on Trial Reviewed by Major Eric J. Lawless CLE NEWS CURRENT MATERIALS OF INTEREST Department of the Army Pamphlet 27-50-453 Editor, Captain Madeline Yanford Assistant Editor, Captain Ronald T. P. Alcala Assistant Editor, Major Ted Martin Technical Editor, Charles J. Strong The Army Lawyer (ISSN 0364-1287, USPS 490-330) is published monthly The Judge Advocate General’s School, U.S. Army. The Army Lawyer by The Judge Advocate General’s Legal Center and School, Charlottesville, welcomes articles from all military and civilian authors on topics of interest to Virginia, for the official use of Army lawyers in the performance of their military lawyers. Articles should be submitted via electronic mail to legal responsibilities. Individual paid subscriptions to The Army Lawyer are [email protected]. Articles should follow The available for $45.00 each ($63.00 foreign) per year, periodical postage paid at Bluebook, A Uniform System of Citation (19th ed. 2010) and the Military Charlottesville, Virginia, and additional mailing offices (see subscription form Citation Guide (TJAGLCS, 15th ed. -
Congressional Record—House H3090
H3090 CONGRESSIONAL RECORD — HOUSE May 10, 2005 Third, Major General Geoffrey Miller: Ac- military judge, Col. James Pohl, declared a credibility the American occupation of Iraq cording to the Center for American Progress: mistrial after Pvt. Charles A. Graner Jr., a was clinging to when it happened. The hope, ‘‘a Guantanamo commander, Maj. Gen. Geof- former guard at Abu Ghraib, testified that at the time, was that the United States the photos were taken for training purposes. would show the world that it was different, frey Miller, was sent to Abu Ghraib to That testimony undermined England’s ad- that it would be accountable. ‘‘Gitmoize’’ it. Under his command, the Inter- mission that she knew her actions were ‘‘Watch America. Watch how we deal with national Committee of the Red Cross found in- wrong and her acceptance of responsibility. this,’’ then-Secretary of State Colin Powell terrogation techniques at Guantanamo Bay But England and the the few other enlisted said almost a year ago in a commencement are ‘‘tantamount to torture.’’ ‘‘Harsh methods’’ men and women who have faced courts mar- speech at Wake Forest University. ‘‘Watch used at the prison include forced enemas, tial in the scandal should not be the only how a nation such as ours will not tolerate sleep deprivation and chaining prisoners to ones to pay a price for what happened at Abu such actions. The world will see that we chairs and leaving them ‘‘to soil themselves.’’ Ghraib. High-level military and administra- are still a nation with a moral code that de- tion officials must not be allowed to escape fines our national character.’’ Just weeks after he visited Iraq, the now-infa- responsibility for a scandal that is far more There was reason to hope. -
Tosca and the Ticking Time Bomb
HUMAN RIGHTS Tosca and the ticking time bomb 56 REFUGEE TRANSITIONS • ISSUE 33 HUMAN RIGHTS GEOFFREY ROBERTSON QC is a human rights barrister, author, academic and broadcaster. He is the founder and joint head of Doughty Street Chambers. He was made an officer of the order of Australia in 2018. This is a complementary chapter of his book “Dreaming Too Loud” TOSCA AND THE TICKING TIME BOMB 57 orture,’ said Fortescue, a But not so fast. Let’s update Puccini. Suppose Scarpia sixteenth-century English is ‘one of us’ (dress him as Donald Rumsfeld) while jurist, ‘is something that is Andreotti is an ‘enemy combatant’ recently escaped from done by the French.’ And it Guantanamo, and last seen being equipped in some way was, for centuries after 1641, by a sacristan – sorry, mullah – in Act I, which is set in the year parliament abolished the local mosque. Are our sympathies now, ever so the‘T king’s ‘Star Chamber’, with its brandings and slightly, with the judge who – in a legal process advocated pilloryings and ear-splittings. A proud tradition in by Alan Dershowitz – nods for the torture to start and England, but too good for the colonies, where the British picks up his pen to record the expected confession? Put army tortured relentlessly in Oman and Malaysia and Tosca in a burqa, give Cavaradossi a few flying lessons Kenya, and later in Basra. in Florida, and the audience may wish, ever so faintly, The US was orsew after 9/11 with its secret rendition to bring back Lynndie England and the alsatians fresh program, which ferried terrorist suspects to secret cells from Abu Ghraib. -
Taguba Report
ARTICLE 15-6 INVESTIGATION OF THE 800th MILITARY POLICE BRIGADE SECRET/NO FOREIGN DISSEMINATION TABLE OF CONTENTS References ……………………………………………………………….. 3 Background …………………………………………………………….. 6 Assessment of DoD Counter-Terrorism Interrogation and Detention Operations In Iraq (MG Miller’s Assessment).……….…………………………….. 8 IO Comments on MG Miller’s Assessment..……………………………. 8 Report on Detention and Corrections In Iraq (MG Ryder’s Report)…………………………….……………… 9 IO Comments on MG Ryder’s Report…...……………….…………….. 12 Preliminary Investigative Actions ………………………..…………….. 12 Findings and Recommendations Part One (Detainee Abuse). ……………………………………………. 15 Findings ………………………………………………………… 15 Recommendations ……………………………………………… 20 Part Two (Escapes and Accountability) ………………………………... 22 Findings ………………………………………………………… 22 Recommendations. …………………………………………….. 31 Part Three (Command Climate, Etc…). ………………………………... 34 Findings ………………………………………………………… 36 Recommendations ……………………………………………… 44 Other Findings/Observations …………………………………………... 49 Conclusion ……………………………………………………………… 50 Annexes ………………………………………………………………… 51 2 References 1. Geneva Convention Relative to the Treatment of Prisoners of War, 12 August 1949 2. Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in the Armed Forces in the Field, 12 August 1949 3. Geneva Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, 12 August 1949 4. Geneva Convention Protocol Relative to the Status of Refugees, 1967 5. Geneva Convention Relative to the Status of Refugees, 1951 6. Geneva Convention for the Protection of War Victims, 12 August 1949 7. Geneva Convention Relative to the Protection of Civilian Persons in Time of War, 12 August 1949 8. DOD Directive 5100.69, “DOD Program for Prisoners of War and other Detainees,” 27 December 1972 9. DOD Directive 5100.77 “DOD Law of War Program,” 10 July 1979 10. STANAG No. 2044, Procedures for Dealing with Prisoners of War (PW) (Edition 5), 28 June 1994 11. -
Prosecuting Abuses of Detainees in U.S. Counter- Terrorism Operations
International Center for Transitional Justice CRIMINAL JUSTICE FOR CRIMINAL POLICY: Prosecuting Abuses of Detainees in U.S. Counter- terrorism Operations An ICTJ Policy Paper November 2009 Carolyn Patty Blum, Lisa Magarrell, Marieke Wierda Cover Image: Redacted page (52) from Counterterrorism Detention and Interrogation Activities (September 2001-October 2003), a May 2004 Special Review by the CIA’s Office of the Inspector General. Portions of that report have been declassified through litigation by the American Civil Liberties Union and other organizations under the Freedom of Information Act. The Bush administration released a few paragraphs and lines of the report in May 2008 and the Obama administration went considerably further in an August 2009 reclassification. Regardless, this page and many others, including all of the In- spector General’s recommendations, remain classified as of this writing. Ques- tions persist about the full scope of abuses under U.S. policies on rendition, de- tention and interrogation. ICTJ’s policy paper relies on declassified information and other reporting to make the case for a thorough criminal investigation of abuses in counterterrorism policy and operations. Such an investigation must include those parts of the “dark side” still hidden from public view. CRIMINAL JUSTICE FOR CRIMINAL POLICY: Prosecuting Abuses of Detainees in U.S. Counter- terrorism Operations November 2009 An ICTJ Policy Paper Carolyn Patty Blum, Lisa Magarrell, Marieke Wierda International Center for Transitional Justice ICTJ New York 5 Hanover Square, 24th Floor New York, NY 10004 Tel + 1 917 637 3800 Fax + 1 917 637 3900 About ICTJ About the U.S. Accountability Project The International Center for Transitional Justice works The U.S.