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.”