In the era of Saddam Hussein, Abu Ghraib, twenty
miles west of Baghdad, was one of the world’s most notorious
prisons, with torture, weekly executions, and vile living conditions.
As many as fifty thousand men and women—no accurate count
is possible—were jammed into Abu Ghraib at one time, in
twelve-by-twelve-foot cells that were little more than human holding
pits.
In
the looting that followed the regime’s collapse, last April,
the huge prison complex, by then deserted, was stripped of everything
that could be removed, including doors, windows, and bricks. The
coalition authorities had the floors tiled, cells cleaned and
repaired, and toilets, showers, and a new medical center added.
Abu Ghraib was now a U.S. military prison. Most of the prisoners,
however—by the fall there were several thousand, including
women and teen-agers—were civilians, many of whom had been
picked up in random military sweeps and at highway checkpoints.
They fell into three loosely defined categories: common criminals;
security detainees suspected of “crimes against the coalition”;
and a small number of suspected “high-value” leaders
of the insurgency against the coalition forces.
Last June, Janis Karpinski, an Army reserve brigadier
general, was named commander of the 800th Military Police Brigade
and put in charge of military prisons in Iraq. General Karpinski,
the only female commander in the war zone, was an experienced
operations and intelligence officer who had served with the Special
Forces and in the 1991 Gulf War, but she had never run a prison
system. Now she was in charge of three large jails, eight battalions,
and thirty-four hundred Army reservists, most of whom, like her,
had no training in handling prisoners.
General Karpinski, who had wanted to be a soldier
since she was five, is a business consultant in civilian life,
and was enthusiastic about her new job. In an interview last December
with the St. Petersburg Times, she said that, for many of the
Iraqi inmates at Abu Ghraib, “living conditions now are
better in prison than at home. At one point we were concerned
that they wouldn’t want to leave.”
A month later, General Karpinski was formally
admonished and quietly suspended, and a major investigation into
the Army’s prison system, authorized by Lieutenant General
Ricardo S. Sanchez, the senior commander in Iraq, was under way.
A fifty-three-page report, obtained by The New Yorker, written
by Major General Antonio M. Taguba and not meant for public release,
was completed in late February. Its conclusions about the institutional
failures of the Army prison system were devastating. Specifically,
Taguba found that between October and December of 2003 there were
numerous instances of “sadistic, blatant, and wanton criminal
abuses” at Abu Ghraib. This systematic and illegal abuse
of detainees, Taguba reported, was perpetrated by soldiers of
the 372nd Military Police Company, and also by members of the
American intelligence community. (The 372nd was attached to the
320th M.P. Battalion, which reported to Karpinski’s brigade
headquarters.) Taguba’s report listed some of the wrongdoing:
Breaking
chemical lights and pouring the phosphoric liquid on detainees;
pouring cold water on naked detainees; beating detainees with
a broom handle and a chair; threatening male detainees with rape;
allowing a military police guard to stitch the wound of a detainee
who was injured after being slammed against the wall in his cell;
sodomizing a detainee with a chemical light and perhaps a broom
stick, and using military working dogs to frighten and intimidate
detainees with threats of attack, and in one instance actually
biting a detainee.
There was stunning evidence to support the allegations,
Taguba added—“detailed witness statements and the
discovery of extremely graphic photographic evidence.” Photographs
and videos taken by the soldiers as the abuses were happening
were not included in his report, Taguba said, because of their
“extremely sensitive nature.”
The photographs—several of which were broadcast
on CBS’s “60 Minutes 2” last week—show
leering G.I.s taunting naked Iraqi prisoners who are forced to
assume humiliating poses. Six suspects—Staff Sergeant Ivan
L. Frederick II, known as Chip, who was the senior enlisted man;
Specialist Charles A. Graner; Sergeant Javal Davis; Specialist
Megan Ambuhl; Specialist Sabrina Harman; and Private Jeremy Sivits—are
now facing prosecution in Iraq, on charges that include conspiracy,
dereliction of duty, cruelty toward prisoners, maltreatment, assault,
and indecent acts. A seventh suspect, Private Lynndie England,
was reassigned to Fort Bragg, North Carolina, after becoming pregnant.
The photographs tell it all. In one, Private
England, a cigarette dangling from her mouth, is giving a jaunty
thumbs-up sign and pointing at the genitals of a young Iraqi,
who is naked except for a sandbag over his head, as he masturbates.
Three other hooded and naked Iraqi prisoners are shown, hands
reflexively crossed over their genitals. A fifth prisoner has
his hands at his sides. In another, England stands arm in arm
with Specialist Graner; both are grinning and giving the thumbs-up
behind a cluster of perhaps seven naked Iraqis, knees bent, piled
clumsily on top of each other in a pyramid. There is another photograph
of a cluster of naked prisoners, again piled in a pyramid. Near
them stands Graner, smiling, his arms crossed; a woman soldier
stands in front of him, bending over, and she, too, is smiling.
Then, there is another cluster of hooded bodies, with a female
soldier standing in front, taking photographs. Yet another photograph
shows a kneeling, naked, unhooded male prisoner, head momentarily
turned away from the camera, posed to make it appear that he is
performing oral sex on another male prisoner, who is naked and
hooded.
Such dehumanization is unacceptable in any culture,
but it is especially so in the Arab world. Homosexual acts are
against Islamic law and it is humiliating for men to be naked
in front of other men, Bernard Haykel, a professor of Middle Eastern
studies at New York University, explained. “Being put on
top of each other and forced to masturbate, being naked in front
of each other—it’s all a form of torture,” Haykel
said.
Two Iraqi faces that do appear in the photographs
are those of dead men. There is the battered face of prisoner
No. 153399, and the bloodied body of another prisoner, wrapped
in cellophane and packed in ice. There is a photograph of an empty
room, splattered with blood.
The 372nd’s abuse of prisoners seemed almost
routine—a fact of Army life that the soldiers felt no need
to hide. On April 9th, at an Article 32 hearing (the military
equivalent of a grand jury) in the case against Sergeant Frederick,
at Camp Victory, near Baghdad, one of the witnesses, Specialist
Matthew Wisdom, an M.P., told the courtroom what happened when
he and other soldiers delivered seven prisoners, hooded and bound,
to the so-called “hard site” at Abu Ghraib—seven
tiers of cells where the inmates who were considered the most
dangerous were housed. The men had been accused of starting a
riot in another section of the prison. Wisdom said:
SFC Snider grabbed my prisoner and threw him
into a pile. . . . I do not think it was right to put them in
a pile. I saw SSG Frederic, SGT Davis and CPL Graner walking around
the pile hitting the prisoners. I remember SSG Frederick hitting
one prisoner in the side of its [sic] ribcage. The prisoner was
no danger to SSG Frederick. . . . I left after that.
When he returned later, Wisdom testified:
I saw two naked detainees, one masturbating to
another kneeling with its mouth open. I thought I should just
get out of there. I didn’t think it was right . . . I saw
SSG Frederick walking towards me, and he said, “Look what
these animals do when you leave them alone for two seconds.”
I heard PFC England shout out, “He’s getting hard.”
Wisdom testified that he told his superiors what had happened,
and assumed that “the issue was taken care of.” He
said, “I just didn’t want to be part of anything that
looked criminal.”
The abuses became public because of the outrage
of Specialist Joseph M. Darby, an M.P. whose role emerged during
the Article 32 hearing against Chip Frederick. A government witness,
Special Agent Scott Bobeck, who is a member of the Army’s
Criminal Investigation Division, or C.I.D., told the court, according
to an abridged transcript made available to me, “The investigation
started after SPC Darby . . . got a CD from CPL Graner. . . .
He came across pictures of naked detainees.” Bobeck said
that Darby had “initially put an anonymous letter under
our door, then he later came forward and gave a sworn statement.
He felt very bad about it and thought it was very wrong.”
Questioned further, the Army investigator said
that Frederick and his colleagues had not been given any “training
guidelines” that he was aware of. The M.P.s in the 372nd
had been assigned to routine traffic and police duties upon their
arrival in Iraq, in the spring of 2003. In October of 2003, the
372nd was ordered to prison-guard duty at Abu Ghraib. Frederick,
at thirty-seven, was far older than his colleagues, and was a
natural leader; he had also worked for six years as a guard for
the Virginia Department of Corrections. Bobeck explained:
What I got is that SSG Frederick and CPL Graner
were road M.P.s and were put in charge because they were civilian
prison guards and had knowledge of how things were supposed to
be run. Bobeck also testified that witnesses had said that Frederick,
on one occasion, “had punched a detainee in the chest so
hard that the detainee almost went into cardiac arrest.”
At the Article 32 hearing, the Army informed
Frederick and his attorneys, Captain Robert Shuck, an Army lawyer,
and Gary Myers, a civilian, that two dozen witnesses they had
sought, including General Karpinski and all of Frederick’s
co-defendants, would not appear. Some had been excused after exercising
their Fifth Amendment right; others were deemed to be too far
away from the courtroom. “The purpose of an Article 32 hearing
is for us to engage witnesses and discover facts,” Gary
Myers told me. “We ended up with a c.i.d. agent and no alleged
victims to examine.” After the hearing, the presiding investigative
officer ruled that there was sufficient evidence to convene a
court-martial against Frederick.
Myers,
who was one of the military defense attorneys in the My Lai prosecutions
of the nineteen-seventies, told me that his client’s defense
will be that he was carrying out the orders of his superiors and,
in particular, the directions of military intelligence. He said,
“Do you really think a group of kids from rural Virginia
decided to do this on their own? Decided that the best way to
embarrass Arabs and make them talk was to have them walk around
nude?”
In letters and e-mails to family members, Frederick
repeatedly noted that the military-intelligence teams, which included
C.I.A. officers and linguists and interrogation specialists from
private defense contractors, were the dominant force inside Abu
Ghraib. In a letter written in January, he said:
I questioned some of the things that I saw .
. . such things as leaving inmates in their cell with no clothes
or in female underpants, handcuffing them to the door of their
cell—and the answer I got was, “This is how military
intelligence (MI) wants it done.” . . . . MI has also instructed
us to place a prisoner in an isolation cell with little or no
clothes, no toilet or running water, no ventilation or window,
for as much as three days.
The military-intelligence officers have “encouraged and
told us, ‘Great job,’ they were now getting positive
results and information,” Frederick wrote. “CID has
been present when the military working dogs were used to intimidate
prisoners at MI’s request.” At one point, Frederick
told his family, he pulled aside his superior officer, Lieutenant
Colonel Jerry Phillabaum, the commander of the 320th M.P. Battalion,
and asked about the mistreatment of prisoners. “His reply
was ‘Don’t worry about it.’”
In November, Frederick wrote, an Iraqi prisoner
under the control of what the Abu Ghraib guards called “O.G.A.,”
or other government agencies—that is, the C.I.A. and its
paramilitary employees—was brought to his unit for questioning.
“They stressed him out so bad that the man passed away.
They put his body in a body bag and packed him in ice for approximately
twenty-four hours in the shower. . . . The next day the medics
came and put his body on a stretcher, placed a fake IV in his
arm and took him away.” The dead Iraqi was never entered
into the prison’s inmate-control system, Frederick recounted,
“and therefore never had a number.”
Frederick’s defense is, of course, highly
self-serving. But the complaints in his letters and e-mails home
were reinforced by two internal Army reports—Taguba’s
and one by the Army’s chief law-enforcement officer, Provost
Marshal Donald Ryder, a major general.
Last fall, General Sanchez ordered Ryder to review
the prison system in Iraq and recommend ways to improve it. Ryder’s
report, filed on November 5th, concluded that there were potential
human-rights, training, and manpower issues, system-wide, that
needed immediate attention. It also discussed serious concerns
about the tension between the missions of the military police
assigned to guard the prisoners and the intelligence teams who
wanted to interrogate them. Army regulations limit intelligence
activity by the M.P.s to passive collection. But something had
gone wrong at Abu Ghraib.
There was evidence dating back to the Afghanistan
war, the Ryder report said, that M.P.s had worked with intelligence
operatives to “set favorable conditions for subsequent interviews”—a
euphemism for breaking the will of prisoners. “Such actions
generally run counter to the smooth operation of a detention facility,
attempting to maintain its population in a compliant and docile
state.” General Karpinski’s brigade, Ryder reported,
“has not been directed to change its facility procedures
to set the conditions for MI interrogations, nor participate in
those interrogations.” Ryder called for the establishment
of procedures to “define the role of military police soldiers
. . .clearly separating the actions of the guards from those of
the military intelligence personnel.” The officers running
the war in Iraq were put on notice.
Ryder undercut his warning, however, by concluding
that the situation had not yet reached a crisis point. Though
some procedures were flawed, he said, he found “no military
police units purposely applying inappropriate confinement practices.”
His investigation was at best a failure and at worst a coverup.
Taguba, in his report, was polite but direct
in refuting his fellow-general. “Unfortunately, many of
the systemic problems that surfaced during [Ryder’s] assessment
are the very same issues that are the subject of this investigation,”
he wrote. “In fact, many of the abuses suffered by detainees
occurred during, or near to, the time of that assessment.”
The report continued, “Contrary to the findings of MG Ryder’s
report, I find that personnel assigned to the 372nd MP Company,
800th MP Brigade were directed to change facility procedures to
‘set the conditions’ for MI interrogations.”
Army intelligence officers, C.I.A. agents, and private contractors
“actively requested that MP guards set physical and mental
conditions for favorable interrogation of witnesses.”
Taguba backed up his assertion by citing evidence
from sworn statements to Army C.I.D. investigators. Specialist
Sabrina Harman, one of the accused M.P.s, testified that it was
her job to keep detainees awake, including one hooded prisoner
who was placed on a box with wires attached to his fingers, toes,
and penis. She stated, “MI wanted to get them to talk. It
is Graner and Frederick’s job to do things for MI and OGA
to get these people to talk.”
Another witness, Sergeant Javal Davis, who is
also one of the accused, told C.I.D. investigators, “I witnessed
prisoners in the MI hold section . . . being made to do various
things that I would question morally. . . . We were told that
they had different rules.” Taguba wrote, “Davis also
stated that he had heard MI insinuate to the guards to abuse the
inmates. When asked what MI said he stated: ‘Loosen this
guy up for us.’‘Make sure he has a bad night.’‘Make
sure he gets the treatment.’” Military intelligence
made these comments to Graner and Frederick, Davis said. “The
MI staffs to my understanding have been giving Graner compliments
. . . statements like, ‘Good job, they’re breaking
down real fast. They answer every question. They’re giving
out good information.’”
When asked why he did not inform his chain of
command about the abuse, Sergeant Davis answered, “Because
I assumed that if they were doing things out of the ordinary or
outside the guidelines, someone would have said something. Also
the wing”—where the abuse took place—“belongs
to MI and it appeared MI personnel approved of the abuse.”
Another witness, Specialist Jason Kennel, who
was not accused of wrongdoing, said, “I saw them nude, but
MI would tell us to take away their mattresses, sheets, and clothes.”
(It was his view, he added, that if M.I. wanted him to do this
“they needed to give me paperwork.”) Taguba also cited
an interview with Adel L. Nakhla, a translator who was an employee
of Titan, a civilian contractor. He told of one night when a “bunch
of people from MI” watched as a group of handcuffed and
shackled inmates were subjected to abuse by Graner and Frederick.
General Taguba saved his harshest words for the
military-intelligence officers and private contractors. He recommended
that Colonel Thomas Pappas, the commander of one of the M.I. brigades,
be reprimanded and receive non-judicial punishment, and that Lieutenant
Colonel Steven Jordan, the former director of the Joint Interrogation
and Debriefing Center, be relieved of duty and reprimanded. He
further urged that a civilian contractor, Steven Stephanowicz,
of CACI International, be fired from his Army job, reprimanded,
and denied his security clearances for lying to the investigating
team and allowing or ordering military policemen “who were
not trained in interrogation techniques to facilitate interrogations
by ‘setting conditions’ which were neither authorized”
nor in accordance with Army regulations. “He clearly knew
his instructions equated to physical abuse,” Taguba wrote.
He also recommended disciplinary action against a second CACI
employee, John Israel. (A spokeswoman for CACI said that the company
had “received no formal communication” from the Army
about the matter.)
“I suspect,” Taguba concluded, that
Pappas, Jordan, Stephanowicz, and Israel “were either directly
or indirectly responsible for the abuse at Abu Ghraib,”
and strongly recommended immediate disciplinary action.
The problems inside the Army prison system in
Iraq were not hidden from senior commanders. During Karpinski’s
seven-month tour of duty, Taguba noted, there were at least a
dozen officially reported incidents involving escapes, attempted
escapes, and other serious security issues that were investigated
by officers of the 800th M.P. Brigade. Some of the incidents had
led to the killing or wounding of inmates and M.P.s, and resulted
in a series of “lessons learned” inquiries within
the brigade. Karpinski invariably approved the reports and signed
orders calling for changes in day-to-day procedures. But Taguba
found that she did not follow up, doing nothing to insure that
the orders were carried out. Had she done so, he added, “cases
of abuse may have been prevented.”
General Taguba further found that Abu Ghraib
was filled beyond capacity, and that the M.P. guard force was
significantly undermanned and short of resources. “This
imbalance has contributed to the poor living conditions, escapes,
and accountability lapses,” he wrote. There were gross differences,
Taguba said, between the actual number of prisoners on hand and
the number officially recorded. A lack of proper screening also
meant that many innocent Iraqis were wrongly being detained—indefinitely,
it seemed, in some cases. The Taguba study noted that more than
sixty per cent of the civilian inmates at Abu Ghraib were deemed
not to be a threat to society, which should have enabled them
to be released. Karpinski’s defense, Taguba said, was that
her superior officers “routinely” rejected her recommendations
regarding the release of such prisoners.
Karpinski was rarely seen at the prisons she
was supposed to be running, Taguba wrote. He also found a wide
range of administrative problems, including some that he considered
“without precedent in my military career.” The soldiers,
he added, were “poorly prepared and untrained . . . prior
to deployment, at the mobilization site, upon arrival in theater,
and throughout the mission.”
General Taguba spent more than four hours interviewing
Karpinski, whom he described as extremely emotional: “What
I found particularly disturbing in her testimony was her complete
unwillingness to either understand or accept that many of the
problems inherent in the 800th MP Brigade were caused or exacerbated
by poor leadership and the refusal of her command to both establish
and enforce basic standards and principles among its soldiers.”
Taguba recommended that Karpinski and seven brigade
military-police officers and enlisted men be relieved of command
and formally reprimanded. No criminal proceedings were suggested
for Karpinski; apparently, the loss of promotion and the indignity
of a public rebuke were seen as enough punishment.
After the story broke on CBS last week, the Pentagon
announced that Major General Geoffrey Miller, the new head of
the Iraqi prison system, had arrived in Baghdad and was on the
job. He had been the commander of the Guantánamo Bay detention
center. General Sanchez also authorized an investigation into
possible wrongdoing by military and civilian interrogators.
As the international furor grew, senior military
officers, and President Bush, insisted that the actions of a few
did not reflect the conduct of the military as a whole. Taguba’s
report, however, amounts to an unsparing study of collective wrongdoing
and the failure of Army leadership at the highest levels. The
picture he draws of Abu Ghraib is one in which Army regulations
and the Geneva conventions were routinely violated, and in which
much of the day-to-day management of the prisoners was abdicated
to Army military-intelligence units and civilian contract employees.
Interrogating prisoners and getting intelligence, including by
intimidation and torture, was the priority.
The mistreatment at Abu Ghraib may have done
little to further American intelligence, however. Willie J. Rowell,
who served for thirty-six years as a C.I.D. agent, told me that
the use of force or humiliation with prisoners is invariably counterproductive.
“They’ll tell you what you want to hear, truth or
no truth,” Rowell said. “‘You can flog me until
I tell you what I know you want me to say.’ You don’t
get righteous information.”
Under the fourth Geneva convention, an occupying
power can jail civilians who pose an “imperative”
security threat, but it must establish a regular procedure for
insuring that only civilians who remain a genuine security threat
be kept imprisoned. Prisoners have the right to appeal any internment
decision and have their cases reviewed. Human Rights Watch complained
to Secretary of Defense Donald Rumsfeld that civilians in Iraq
remained in custody month after month with no charges brought
against them. Abu Ghraib had become, in effect, another Guantánamo.
As the photographs from Abu Ghraib make clear,
these detentions have had enormous consequences: for the imprisoned
civilian Iraqis, many of whom had nothing to do with the growing
insurgency; for the integrity of the Army; and for the United
States’ reputation in the world.
Captain Robert Shuck, Frederick’s military
attorney, closed his defense at the Article 32 hearing last month
by saying that the Army was “attempting to have these six
soldiers atone for its sins.” Similarly, Gary Myers, Frederick’s
civilian attorney, told me that he would argue at the court-martial
that culpability in the case extended far beyond his client. “I’m
going to drag every involved intelligence officer and civilian
contractor I can find into court,” he said. “Do you
really believe the Army relieved a general officer because of
six soldiers? Not a chance.”
[Editor's Note: Credit to the author
and The New Yorker in which this story first appeared
in April 2004, titled as "Torture at Abu Ghraid." We
insterd the images; all rights to images belong to Reuters.]