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The U.S. military on June
8 2005 rejected U.N. criticism of its detainee policies. |
BAGHDAD — The public war on the Iraqi insurgency has led to an atmosphere
of hidden brutalities, including abuse and torture, carried out against detainees
by the nation's special security forces, according to defense lawyers, international
organizations and Iraq's Ministry of Human Rights.
Up to 60% of the estimated 12,000 detainees in the country's prisons and military
compounds face intimidation, beatings or torture that leads to broken bones
and sometimes death, said Saad Sultan, head of a board overseeing the treatment
of prisoners at the Human Rights Ministry. He added that police and security
forces attached to the Interior Ministry are responsible for most abuses.
The units have used tactics reminiscent of Saddam Hussein's secret intelligence
squads, according to the ministry and independent human rights groups and lawyers,
who have cataloged abuses.
"We've documented a lot of torture cases," said Sultan, whose committee
is pushing for wider access to Iraqi-run prisons across the nation. "There
are beatings, punching, electric shocks to the body, including sensitive areas,
hanging prisoners upside down and beating them and dragging them on the ground….
Many police officers come from a culture of torture from their experiences over
the last 35 years. Most of them worked during Saddam's regime."
The ordeal described by Hussam Guheithi is similar to many cases. When Iraqi
national guardsmen raided his home last month, the 35-year-old Sunni Muslim
imam said they lashed him with cables, broke his nose and promised to soak their
uniforms with his blood. He was blindfolded and driven to a military base, where
he was interrogated and beaten until the soldiers were satisfied that he wasn't
an extremist.
At the end of nine days, Guheithi said, the guardsmen told him, "You have
to bear with us. You know the situation now. We're trying to find terrorists."
The Interior Ministry, responsible for the nation's internal security, acknowledges
cases of mistreatment but denies that torture is common. Interior Minister Bayan
Jabr is a Shiite Muslim, and some Sunni Muslim tribal leaders and politicians
have accused the ministry of unfairly targeting Sunnis, who make up the bulk
of the insurgency.
"There are no official accusations that the ministry's forces are carrying
out widespread abuse and torture of detainees," said Col. Adnan Joubouri,
a ministry spokesman. "There was some abuse of authority, and those officials
responsible are being punished."
U.S. officials, whose image on detainment issues has already been tarnished
by the prisoner abuse scandal at Abu Ghraib, say they are troubled by the allegations
of torture. They worry that mistreatment by Iraqi police and national guardsmen,
thousands of whom were trained by American instructors who sought to steer the
departments away from Hussein's corrupt legacy, may be viewed as an extension
of Abu Ghraib.
"We understand and we hear that [torture] is potentially happening, and
this is an issue we are constantly talking about," said a senior U.S. military
official in Baghdad. "I think this is an issue no one can afford to ignore."
Stories of torture and abuse against suspected Shiite and Sunni criminals and
rebels are unfolding in the midst of the campaign against a relentless insurgency.
Iraqi forces are frustrated by their inability to stop car bombings and ambushes
that have killed more than 1,000 people in recent weeks.
Rising crime, a shaky court system, the lack of a constitution to define civil
rights and an Interior Ministry underequipped to pursue well-armed rebel networks
have made human rights less of an immediate concern for Iraqis than bringing
order to the nation, Iraqi and U.S. officials say.
Having endured more than two years of violence since the U.S.-led invasion,
many Iraqis favor tough measures to end the unrest. The death penalty was recently
reinstated, and for much of the country there is an unspoken acceptance —
often rooted in harsh tribal justice — that intimidation and torture serve
a purpose. Such attitudes are complicated by sectarian strains between Shiite
and Sunni Muslims.
Under Hussein, the minority Sunnis were the core of the ruling Baath Party
and controlled the country. The new Iraqi government is dominated by Shiites,
who make up the majority of Iraq's population. Each side blames the other for
the bloodshed. This dynamic poses an incendiary possibility: Accounts of torture
in detention given by Sunni extremists might have been fabricated or embellished
to help instigate a civil war against Shiites and the government. The Human
Rights Ministry says it has encountered made-up allegations of abuse.
"Ninety percent of detainees say that they confessed under torture,"
said Judge Luqman Thabit Samiraii, head of the 1st Iraqi Central Criminal Court.
"Yet 80% of them have no torture marks. But torture does exist during interrogations,
I admit that."
The courts aren't always willing to explore abuse claims. In a trial last month,
Samiraii denied a defense lawyer's request to have four suspects medically examined
to determine whether their confessions to the murder of an Interior Ministry
official had been induced by torture. The defendants, three of whom were sentenced
to death, said they had been repeatedly beaten. One of them said police had
sodomized him with a metal rod.
Before the four men appeared in the courtroom, their confessions had been aired
on the popular Iraqi television program "Terrorism in the Hands of Justice."
The show is the government's attempt to demystify the insurgency by portraying
suspected rebels as brutish killers rather than revolutionaries. Defense lawyers
argue that some of the accused are coerced into giving confessions and that
the program violates defendants' right to a fair trial.
"The Americans are occupying the country, but the Iraqi national guard
and Iraqi police are violating the human rights of detainees," said Sattar
Raouf, director of the Popular Committee for Culture and Arts, who has followed
allegations of abuse. "Intelligence and security forces are torturing people
for confessions. You can go to the sixth and seventh floors of the Interior
Ministry and find case after case like this."
The Interior and Justice ministries have been struggling over control of prisons
and detention centers. Interior operates in a secret realm of intelligence networks
in which suspects can be jailed or vanish for weeks. Sultan said his committee
has found less abuse in centers under the jurisdiction of the Justice Ministry.
He added that Justice has stricter oversight on inmate conditions and is less
involved than Interior in interrogating suspects, including alleged insurgents.
A report this year by the international organization Human Rights Watch found
that abuse had become "routine and commonplace" and that detainees
were often beaten and held in violation of judicial process, including not receiving
court hearings within 24 hours of their arrests. The group stated that some
detainees — many of whom are arrested based on tips by paid informants
— waited months before a court appearance.
"One of the most common complaints made by detainees," said Human
Rights Watch, which interviewed 90 current and former detainees in 2004, "was
of police officials threatening them with indefinite detention if they failed
to pay them sums of money."
The abuses reported by former detainees and human rights organizations echo
some of the Hussein regime's tactics: poor legal protection, crowded cells,
electric shock, threats of sexual abuse and hanging and beating prisoners for
prolonged periods.
Abbas Jibouri said in an interview with the Los Angeles Times that about 25
national guard members raided his house on the morning of May 8.
A 41-year-old farmer from the Maden area near Baghdad, Jibouri, whose account
could not be verified, said he had been taken to a detainee center and later
transferred to the national guard base at Rustumiya.
"There was always one man interrogating me and four or five others who
punched me in different parts of my body," said Jibouri, a Sunni. "They
accused me of providing terrorists with weapons and money…. They gave
me a list of 10 names and told me to give information about their being terrorists.
One of the names belonged to my brother and another was a neighbor of mine who
actually died a year or so ago."
Jibouri said he was beaten with pipes and given electrical shocks. "I
didn't know when it would end," he said.
At one point, Jibouri said, interrogators told him: "You [Sunnis] ruled
the country for 35 years. We're going to retaliate now." Jibouri was released
after 10 days in custody. He was not charged with a crime.
Guheithi, the Sunni imam, has been detained by American as well as Iraqi forces.
He said U.S. troops had arrested him in January 2004 and accused him of preaching
holy war at his mosque. He said he was held in solitary confinement for seven
days and released. American soldiers, he said, "didn't torture me, but
an Iraqi man with them punched me hard several times."
Last month, Iraqi national guardsmen handcuffed Guheithi at the home of his
brother in the Rasafa neighborhood of Baghdad.
"They were beating me and my brothers in front of our children,"
he said. "They told me that I was helping the insurgents by sending trucks
to Fallouja during the first [anti-insurgent] offensive in April 2004. They
had piles of reports about me. I was actually only sending humanitarian aid
to the people there, which I gathered from our mosque."
He said he was held for nine days in the Taji camp, which is used by U.S. and
Iraqi forces.
"I stayed there with 19 other people in a very small room with no windows,"
said Guheithi, who added that he was often blindfolded and beaten. "When
they found that we had no information, they set us free…. I and other
detainees about to be released had to swear that we were not terrorists and
that we are going to participate in building a democratic country."