THANKS TO a lawsuit by the American Civil Liberties Union
and other human rights groups, thousands of pages of
government documents released this month have confirmed some
of the painful truths about the abuse of foreign detainees
by the U.S. military and the CIA -- truths the Bush
administration implacably has refused to acknowledge. Since
the publication of photographs of abuse at Iraq's Abu Ghraib
prison in the spring the administration's whitewashers --
led by Defense Secretary Donald H. Rumsfeld -- have
contended that the crimes were carried out by a few
low-ranking reservists, that they were limited to the night
shift during a few chaotic months at Abu Ghraib in 2003,
that they were unrelated to the interrogation of prisoners
and that no torture occurred at the Guantanamo Bay prison
where hundreds of terrorism suspects are held. The new
documents establish beyond any doubt that every part of this
cover story is false.
Though they represent only part of the record that lies
in government files, the documents show that the abuse of
prisoners was already occurring at Guantanamo in 2002 and
continued in Iraq even after the outcry over the Abu Ghraib
photographs. FBI agents reported in internal e-mails and
memos about systematic abuses by military interrogators at
the base in Cuba, including beatings, chokings, prolonged
sleep deprivation and humiliations such as being wrapped in
an Israeli flag. "On a couple of occasions I entered
interview rooms to find a detainee chained hand and foot in
a fetal position to the floor, with no chair, food or
water," an unidentified FBI agent wrote on Aug. 2, 2004.
"Most times they had urinated or defecated on themselves,
and had been left there for 18 to 24 hours or more." Two
defense intelligence officials reported seeing prisoners
severely beaten in Baghdad by members of a special
operations unit, Task Force 6-26, in June. When they
protested they were threatened and pictures they took were
confiscated.
Other documents detail abuses by Marines in Iraq,
including mock executions and the torture of detainees by
burning and electric shock. Several dozen detainees have
died in U.S. custody. In many cases, Army investigations of
these crimes were shockingly shoddy: Officials lost records,
failed to conduct autopsies after suspicious deaths and
allowed evidence to be contaminated. Soldiers found to have
committed war crimes were excused with noncriminal
punishments. The summary of one suspicious death of a
detainee at the Abu Ghraib prison reads: "No crime scene
exam was conducted, no autopsy conducted, no copy of medical
file obtained for investigation because copy machine broken
in medical office."
Some of the abuses can be attributed to lack of
discipline in some military units -- though the broad extent
of the problem suggests, at best, that senior commanders
made little effort to prevent or control wrongdoing. But the
documents also confirm that interrogators at Guantanamo
believed they were following orders from Mr. Rumsfeld. One
FBI agent reported on May 10 about a conversation he had
with Guantanamo's commander, Maj. Gen. Geoffrey D. Miller,
who defended the use of interrogation techniques the FBI
regarded as illegal on the grounds that the military "has
their marching orders from the Sec Def." Gen. Miller has
testified under oath that dogs were never used to intimidate
prisoners at Guantanamo, as authorized by Mr. Rumsfeld in
December 2002; the FBI papers show otherwise.
The Bush administration refused to release these records
to the human rights groups under the Freedom of Information
Act until it was ordered to do so by a judge. Now it has
responded to their publication with bland promises by
spokesmen that any wrongdoing will be investigated. The
record of the past few months suggests that the
administration will neither hold any senior official
accountable nor change the policies that have produced this
shameful record. Congress, too, has abdicated its
responsibility under its Republican leadership: It has been
nearly four months since the last hearing on prisoner abuse.
Perhaps intervention by the courts will eventually stem the
violations of human rights that appear to be ongoing in
Guantanamo, Iraq and Afghanistan. For now the appalling
truth is that there has been no remedy for the documented
torture and killing of foreign prisoners by this American
government.