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REPORT
OF THE INTERNATIONAL COMMITTEE OF THE RED CROSS
(ICRC) ON THE TREATMENT BY THE COALITION FORCES OF
PRISONERS OF WAR AND OTHER PROTECTED PERSONS BY THE
GENEVA CONVENTIONS IN IRAQ DURING ARREST,
INTERNMENT AND INTERROGATION FEBRUARY 2004
Table of contents Executive
SummaryIntroduction - 1. Treatment during
arrest
- 1.1 Notification to families and
information for arrestees
- 2. Treatment during
transfer and initial custody
- 3. Treatment
during interrogation
- 3.1 Methods of ill-treatment
- 3.2 Military Intelligence section, Abu
Ghraib Correctional Facility
- 3.3 Umm Qasr (JFIT) and Camp Bucca
(JIF/ICE)
- 3.4 Previous action taken by the ICRC in
2003 on the issue of treatment
- 3.5 Allegations of ill-treatment by the
Iraqi police
- 4. Treatment
in regular internment facilities /
internment
- 4.1 General conditions of treatment
- 4.2 "High Value Detainees" section,
Baghdad International Airport
- 5. Disproportionate
and excessive use of force against persons
deprived of their liberty by the detaining
authorities
- 6. Seizure
and confiscation of personal belongings of
persons deprived of their liberty
- 7. Exposure
of persons deprived of their liberty to danger
tasks
- 8. Protection
of persons deprived of their liberty against
shelling
-
[conclusion]
EXECUTIVE
SUMMARYIn its "Report on the Treatment by the Coalition
Forces of Prisoners of War and other protected
persons in Iraq", the international Committee of
the Red Cross (ICRC) draws the attention of the
Coalition Forces (hereafter called "the CF") to a
number of serious violations of International
Humanitarian Law. These violations have been
documented and sometimes observed while visiting
prisoners of war, civilian internees and other
protected persons by the Geneva Conventions
(hereafter called persons deprived of their liberty
when their status is not specifically mentioned) En
Iraq between March and November 2003. During its
visits to places of internment of the CF, the ICRC
collected allegations during private interviews
with persons deprived of their liberty relating to
the treatment by the CF of protected persons during
their capture, arrest, transfer, internment and
interrogation. The main violations, which are described in the
ICRC report and presented confidentially to the CF,
include: - Brutality against protected persons upon
capture and initial custody, sometimes causing
death or serious injury
- Absence of notification of arrest of persons
deprived of their liberty to their families
causing distress among persons deprived of their
liberty and their families
- Physical or psychological coercion during
interrogation to secure information
- Prolonged solitary confinement in cells
devoid of daylight
- Excessive and disproportionate use of force
against persons deprived of their liberty
resulting in death or injury during their period
of internment
Serious problems of conduct by the CF affecting
persons deprived of their liberty are also
presented in the report: - Seizure and confiscation of private
belongings of persons deprived of their
liberty
- Exposure of persons deprived of their
liberty to dangerous tasks
- Holding persons deprived of their liberty in
dangerous places where they are not protected
from shelling
According to allegations collected by ICRC
delegates during private interviews with persons
deprived of their liberty, ill-treatment during
capture was frequent. While certain circumstances
might require defensive precautions and the use of
force on the part of battle group units, the ICRC
collected allegations of ill-treatment following
capture which took place in Baghdad, Basrah, Ramadi
and Tikrit, indicating a consistent pattern with
respect to times and places of brutal behaviour
during arrest. The repetition of such behaviour by
CF appeared to go beyond the reasonable, legitimate
and proportional use of force required to apprehend
suspects or restrain persons resisting arrest or
capture, and seemed to reflect a usual modus
operandi by certain CF battle group units. According to the allegations collected by the
ICRC, ill-treatment during interrogation was not
systematic, except with regard to persons arrested
in connection with suspected security offences or
deemed to have an "intelligence" value, In these
cases, persons deprived of their liberty under
supervision of the Military Intelligence were at
high risk of being subjected to a variety of harsh
treatments ranging from insults. threats and
humiliations to both physical and psychological
coercion, which in some cases was tantamount to
torture, in order to farce cooperation with their
interrogators. The ICRC also started to document what appeared
to be widespread abuse of power and ill-treatment
by the Iraqi police which is under the
responsibility of the Occupying Powers, including
threats to hand over persons in their custody to
the CF so as to extort money from them, effective
hand over of such persons to the custody of the CF
on allegedly fake accusations, or invoking CF
orders or instructions to mistreat persons deprived
of their liberty during interrogation. In the case of the 'High Value Detainees" held
in Baghdad International Airport, their continued
internment, several months after their arrest, in
strict solitary confinement in cells devoid of
sunlight for nearly 23 hours a day constituted a
serious violation of the Third and Fourth Geneva
Conventions. The ICRC was also concerned about the excessive
and disproportionate use of force by some detaining
authorities against persons deprived of their
liberty involved during their Internment during
periods of unrest or escape attempts that caused
death and serious injuries. The use of firearms
against persons deprived of their liberty in
circumstances where methods without using 'firearms
could have yielded the same result could amount to
a serious violation of International Humanitarian
Law. The ICRC reviewed a number of incidents of
shootings of persons deprived of their liberty with
live bullets, which have resulted In deaths or
injuries during periods of unrest related to
conditions of internment or escape attempts.
Investigations initiated by the CF into these
incidents concluded that the use of firearms
against persons deprived of their liberty was
legitimate. However, non-lethal measures could have
been used to obtain the same results and quell the
demonstrations or neutralize persons deprived of
their liberty trying to escape. Since the beginning of the conflict, the ICRC
has regularly brought its concerns to the attention
of the CF. The observations in the present report
are consistent with those made earlier on several
occasions orally and in writing to the CE
throughout 2003. In spite of some improvements in
the material conditions of internment, allegations
of ill-treatment perpetrated by members of the CF
against persons deprived of their liberty continued
to be collected by the ICRC and thus suggested that
the use of ill-treatment against persons deprived
of their liberty went beyond exceptional cases and
might be considered as a practice tolerated by the
CF. The ICRC report does not aim to be exhaustive
with regard to breaches of International
Humanitarian Law by the CF in Iraq. Rather, it
illustrates priority areas that warrant attention
and corrective action on the part of CF. in
compliance with their International Humanitarian
Law obligations. Consequently the ICRC asks the authorities of
the CF in Iraq: - to respect at all times the human dignity,
physical integrity and cultural sensitivity of
the persons deprived of their liberty held under
their control
- to set up a system of notifications of
arrest to ensure quick and accurate transmission
of information to the families of persons
deprived of their liberty
- to prevent all forms of ill-treatment, moral
or physical coercion of persons deprived of
their liberty in relation to interrogation
- to set up an internment regime which ensures
the respect of the psychological integrity end
human dignity of the persons deprived of their
liberty
- to ensure that all persons deprived of their
liberty are allowed sufficient time every day
outside in the sunlight, and that they are
allowed to move and exercise in the outside
yard
- to define and apply regulations and
sanctions compatible with International
Humanitarian Law and to ensure that persons
deprived of their liberty are fully informed
upon arrival about such regulations and
sanctions
- to thoroughly investigate violations of
International Humanitarian Law in order to
determine responsibilities and prosecute those
found responsible for violations of
International Humanitarian Law
- to ensure that battle group units arresting
individuals and staff in charge cit internment
facilities receive adequate training enabling
them to operate in a proper manner and fulfil
their responsibilities as arresting authority
Without resorting to ill-treatment or making
excessive use of force.
- to prevent all forms of ill-treatment, moral
or physical coercion of persons deprived of
their liberty in relation to interrogation
- to set up an internment regime which ensures
the respect of the psychological integrity end
human dignity of the persons deprived of their
liberty
- to ensure that all persons deprived of their
liberty are allowed sufficient time every day
outside in the sunlight, and that they are
allowed to move and exercise in the outside
yard
- to define and apply regulations and
sanctions compatible with International
Humanitarian Law and to ensure that persons
deprived of their liberty are fully informed
upon arrival about such regulations and
sanctions
- to thoroughly investigate violations of
International Humanitarian Law in order to
determine responsibilities and prosecute those
found responsible for violations of
International Humanitarian Law
- to ensure that battle group units arresting
individuals and staff in charge cit internment
facilities receive adequate training enabling
them to operate in a proper manner and fulfil
their responsibilities as arresting authority
Without resorting to ill-treatment or making
excessive use of force.
Introduction 1. The International Committee of the Red Cross
(ICRC) is mandated by the High Contracting Parties
to the Geneva Conventions to monitor the full
application of and respect for me Third and Fourth
Geneva Conventions regarding the treatment of
persons deprived of their liberty. The ICRC reminds
the High Contracting Parties concerned, usually in
a confidential way, of their humanitarian
obligations under all four Geneva Conventions, in
particular the Third and Fourth Geneva Conventions
as far as the treatment of persons deprived of
their liberty is concerned and under Protocol I of
1977 additional to the Geneva Conventions,
confirmed and reaffirmed rules of customary law and
universally acknowledged principles of
humanity. The information contained in this report is
based on allegations collected by the ICRC in
private interviews with persons deprived of their
liberty during its visits to places of internment
of the Coalition Forces (OF) between March and
November 2003. The allegations have been thoroughly
revised in order to present this report as
factually as possible. The report is also based on
other accounts given either by fellow persons
deprived of their liberty inside internment
facilities or by family members. During this period
the ICRC conducted some 29 visits in 14 internment
facilities in the central and southern parts of the
country. The testimonies were collected in Camp
Cropper (Core Holding Area, Military Intelligence
section, 'High Value Detainees' section);
Al-Saiihlyye, Tasferat and Al-Russafa prisons: Abu
Ghraib Correctional Facility (including Camp
Vigilant and the 'Military Intelligence" section);
Umm Qasr and Camp Bucca, as well as several
temporary internment places such as Tallil
Trans-shipment Place, Camp Condor, Amarah Camp and
the Field Hospital In Shaibah. The ICRC conditions for visits to persons
deprived of their liberty in internment facilities
are common for all countries where the organization
operates. They can be expressed as follows: - The ICRC must have access to all persons
deprived of their liberty who come within its
mandate in their place of internment
- The ICRC must be able to talk freely and in
private with the persons deprived of their
liberty of Us choice and to register their
identity
- The ICRC must be authorized to repeat its
visits to the persons deprived of their
liberty
- The ICRC must be notified of arrests,
transfers and releases by the detaining
authorities
Each visit to persons deprived of their liberty
is carried out in accordance with ICRC's working
procedures expressed as follows: - At the beginning of each visit, the ICRC
delegates speak with the detaining authorities
to present the ICRC's mandate and the purpose of
the visit as well as to obtain general
information on internment conditions, total of
interned population and movements of persons
deprived of their liberty (release, arrest,
transfer, death, hospitalisation).
- The ICRC delegates, accompanied by the
detaining authorities tour the internment
premises
- The ICRC delegates hold private interviews
with persons of their choice who are deprived of
their liberty, with no time limit In a place
freely chosen and if necessary register
them.
- At the end at each visit, the delegates hold
a final talk with the detaining authorities to
inform them about the ICRC's findings and
recommendations.
2. The aim of the report is to present
information collected by the ICRC concerning the
treatment of prisoners of war by the CF, civilian
internees and other protected persons deprived of
their liberty during the process of arrest,
transfer, internment and interrogation. 3. the main places of internment where
mistreatment allegedly took place included battle
group unit stations; the military intelligence
sections of Camp Cropper and Abu Ghraib
Correctional Facility; AI-Baghdadi, Neat Base and
Habbania Camp in Ramadi governorate; Tikrit holding
area (former Saddam Hussein Islamic School); a
former train station in AI-KhaYm, near the Syrian
border, turned into a military base; the Ministry
of Defense and Presidential Palace in Baghdad, the
farmer mukhabarat office in Basrah. as well
as several Iraqi police stations in Baghdad. 4. In most cases, the allegations of
ill-treatment referred to acts that occurred prior
to the internment of persons deprived of their
liberty in regular internment facilities, while
they were in the custody of arresting authorities
or military and civilian intelligence personnel.
When persons deprived of their liberty were
transferred to regular internment facilities, such
as those administered by the military police, where
the behaviour of guards was strictly supervised,
ill-treatment of the type described in this report
usually ceased. In these places, violations of
provisions of International Humanitarian Law
relating to the treatment of persons deprived of
their liberty were a result of the generally poor
standard of internment conditions (long term
internment in unsuitable temporary facilities) or
of the use of what appeared to be excessive force
to quell unrest or to prevent attempted
escapes.
1. TREATMENT DURING ARREST 5. Protected persons interviewed by ICRC
delegates have described a fairly consistent
pattern with respect to times and places of
brutality by members of the CF arresting them. 6. Arrests as described in these allegations
tended to follow a pattern. Arresting authorities
entered houses usually after dark, breaking down
doors, waking up residents roughly, yelling orders,
forcing family members into one mom under military
guard while searching the rest of the house and
further breaking doors, cabinets and other
property. They arrested suspects, tying their hands
in the back with flexi-ouffs, hooding them, and
taking them away. Sometimes they arrested all adult
males present in a house, including elderly,
handicapped or sick people. Treatment then included
pushing people around, insulting, taking aim with
rifles, punching and kicking and striking with
rifles. Individuals were often led away in whatever
they happened to be wearing at the time of arrest
-- sometimes in pyjamas or underwear -- and were
denied the opportunity to gather a few essential
belongings, such as clothing, hygiene items,
medicine or eyeglasses. Those who surrendered with
a suitcase often had their belongings confiscated.
In many cases personal belongings were seized
during the arrest, with no receipt being issued
(see section 6, below). 7. Certain CF military intelligence officers
told the ICRC that in their estimate between 70%
and 90% of the persons deprived of their liberty in
Iraq had been arrested by mistake. They also
attributed the brutality of some arrests to the
lack of proper supervision of battle group
units. 8. In accordance with
provisions of International Humanitarian Law which
oblige the CF to treat prisoners of war and other
protected persons humanely and to protect them
against acts of violence, threats thereof,
intimidation and insults (Art. 13, 14, 17, 37,
Third Geneva Convention; Art 5, 27, 31, 32, 33
Fourth Geneva Convention), the ICRC asks the
authorities of CF to respect at all times the human
dignity, physical integrity and cultural
sensitivity of the persons deprived of their
liberty hold under their control. The ICRC also
asks the authorities of CF to ensure that battle
group units arresting individuals receive adequate
training enabling them to operate in a proper
manner and fulfil their responsibilities without
resorting to brutality or using excessive
force. 1.1 Notification to families and information
for arrestees 9. In almost all instances documented by the
ICRC, arresting authorities provided no information
about who they were, where their base was located,
nor did they explain the cause of arrest.
Similarly, they rarely informed the arrestee or his
family where he was being taken and for how long,
resulting in the de facto "disappearance" of the
arrestee for weeks or even months until contact was
finally made. 10. When arrests were made in the streets, along
the roads, or at checkpoints, families were no?
informed about what had happened to the arrestees
until they managed to trace them or received news
about them through persons who had been deprived of
their liberty but were later released, visiting
family members of fellow persons deprived of their
liberty, or ICRC Red Cross Messages. In the absence
of a system to notify the families of the
whereabouts of their arrested relatives, many were
left without news for months, often fearing that
their relatives unaccounted for were dead. 11. Nine months into the present conflict, there
is still no satisfactorily functioning system of
notification to the families of captured or
arrested persons, even though hundreds of arrests
continue to be carried out every week. While the
main places of internment (Camp Bucca and Abu
Ghraib) are part of a centralized notification
system through the National Information Bureau (and
their data are forwarded electronically to the ICRC
on a regular basis), other places of internment
such as Mossul or Tikrit are not. Notifications
from those places therefore depend solely on
capture or internment cards as stipulated by the
Third and Fourth Geneva Conventions. Since March 2003 capture cards have often been
filled out carelessly, resulting in unnecessary
delays of several weeks or months before families
were notified, and sometimes resulting in no
notification at all. It is the responsibility of
the detaining authority to see to it that each
capture or' internment card is carefully titled out
so that the ICRC is in a position to effectively
deliver them to families. The current system of
General Information Centers (GIG), set up under the
responsibility of the Humanitarian Assistance
Coordination Centers (HACC). while an improvement,
remains inadequate, as families outside the main
towns do not have access to them, lists made
available are riot complete and often outdated and
do nut reflect the frequent transfers from one
place of internment to another. In the absence of a
better alternative, the ICRC's delivery of accurate
capture cards remains the most reliable, prompt and
effective system to notify the families, provided
cards are property filled out. The ICRC has raised this issue repeatedly with
the detaining authorities since March 2003,
including at the highest level of the CF in August
2003. Despite some improvement, hundreds of
families have had to wait anxiously for weeks and
sometimes months before learning of the whereabouts
of their arrested family members, Many families
travel for weeks throughout the country from one
place of internment to another in search of their
relatives and often come to learn about their
whereabouts informally (through released detainees)
or when the person deprived of his liberty is
released end returns home. 12. Similarly, transfers. cases of sickness at
the time of arrest, deaths, escapes or
repatriations continue to be notified only
insufficiently or are not notified at all by the CF
to the families in spite of their obligation to do
so under International Humanitarian Law. 13. In accordance with
provisions of both the Third Geneva Convention
(Art. 70, 122, 123) and the Fourth Geneva
Convention (Art. 106, 136, 137, 138, 140), the ICRC
reminds the CF of their treaty-based obligation to
notify promptly the families of all prisoners of
war and other protected persons captured or
arrested by them. Within one week, prisoners of war
and civilian internees must be allowed to fill out
capture or internment cards mentioning at the very
least their capture/arrest. address (current place
of detention/internment) and state of health. These
cards must be forwarded as rapidly as possible and
may not be delayed in any manner As long as there
is no centralized system of notifications of arrest
set up by CF, it is of paramount importance that
these capture cards be filled out properly, so as
to allow the ICRC to transmit them rapidly to the
concerned families. 14. The same obligation of
notification to families of captured or arrested
persons applies to transfers, cases of sickness,
deaths, escapes and repatriation and identification
of the dead of the adverse party. All these events
must be notified to the ICRC with the full details
of the persons concerned, so as to allow the ICRC
to inform the concerned families (Art 120, 121,
122, 123 Third Geneva Convention; Art. 129, 130,
136, 137, 140 Fourth Geneva
Convention). 2. TREATMENT DURING TRANSFER AND INITIAL
CUSTODY 15. The ICRC collected several allegations
indicating that following arrest; persons deprived
of their liberty were ill-treated, sometimes during
transfer from their place of arrest to their
initial internment facility. This ill-treatment
would normally stop by the time the persons reached
a regular Internment facility, such as Camp
Cropper, Camp Bucca or Abu Ghraib The ICRC also
collected one allegation of death resulting from
harsh conditions of inter[n]ment and
ilI-treatment during initial custody. 16. One allegation collected by the ICRC
concerned the arrest at nine men by the CF in a
hotel in Basrah on 13 September 2003. Following
their arrest, the nine men were made to kneel, face
and hands against the ground, as if in a prayer
position. The soldiers stamped on the back of the
neck of those raising their head. They confiscated
their money without issuing a receipt. The suspects
were taken to Al-Hakimiya, a former office
previously used by the mukhabarat in Basrah and
then beaten severely by CF personnel. One of the
arrestees died following the ill-treatment
[of] ************** aged 28, married,
father of two children). Prior to his death, his
co-arrestees heard him screaming and asking for
assistance. The issued "International Death Certificate"
mentioned "Cardio-respiratory arrest -- asphyxia"
as the condition directly leading to the death. As
to the cause of that condition, it mentioned
"Unknown" and "Refer to the coroner". The
certificate did not bear any other mention. An
eyewitness description of the body given to the
ICRC mentioned a broken nose, several broken ribs
and skin lesions on the face consistent with
beatings. The father of the victim was informed of
his death on 18 September, and was invited to
identify the body of his son. On 3 October, the
commander of the CF in Basrah presented to him his
condolences and informed him that an investigation
had been launched and that those responsible would
be punished. Two other persons deprived of their
liberty were hospitalised with severe injuries.
Similarly, a week later, an ICRC medical doctor
examined them in the hospital and observed large
haematomas with dried scabs on the abdomen,
buttocks, sides, thigh, wrists, nose and forehead
consistent with their accounts of beatings
received. 17. During a visit of the ICRC in Camp Bucca on
22 September 2003, a 61-year old person deprived of
his liberty alleged that he had been tied, hooded
and forced to sit on the hot surface of what he
surmised to be the engine of a vehicle, which had
caused severe burns to his buttocks. The victim had
lost consciousness. The ICRC observed large crusted
lesions consistent with his allegation. 18. The ICRC examined another person deprived of
his liberty in the "High Value Detainees" section
in October 2003 who had been subjected to a similar
treatment. He had been hooded, handcuffed in the
back, and made to lie face down, on a hot surface
during transportation. This had caused severe skin
burns that required three months hospitalisation.
At the time of the interview he had been recently
discharged from hospital. He had to undergo several
skin grafts, the amputation of his right index
finger, and suffered the permanent loss of the use
of his left fifth finger secondary to burn-induced
skin retraction. He also suffered extensive burns
over the abdomen, anterior aspects of the lower
extremities, the palm of his right hand and the
sole of his left foot. The ICRC recommended to the
CF that the case be investigated to determine the
cause and circumstances of the injuries and the
authority responsible far the ill-treatment. At the
time of writing the results of the report were
still pending. 19. During transportation following arrest,
persons deprived of their liberty were almost
always hooded and tightly restrained with
flexi-cuffs. They [sic. There] were
occasionally haematoma and linear marks compatible
with repeated whipping or beating. He had wrist
marks compatible with tight flexi-cuffs. The ICRC also collected allegations of deaths as
a result of harsh internment conditions
ill-treatment, lack of medical attention, or the
combination thereof, notably in Tikrit holding area
formerly known as the Saddam Hussein Islamic
School. 22. Some CF military intelligence officers told
the ICRC that the widespread ill-treatment of
persons deprived of their liberty during arrest,
initial internment and "tactical questioning" was
due to a lack of military police on the ground to
supervise and control the behaviour and activities
of the battle groups units, and the lack of
experience of intelligence officers in charge of
the "tactical questioning". 23. In accordance with
provisions of International Humanitarian Law which
oblige the CF to treat prisoners of war and other
protected persons humanely and to protect them
against acts of violence, threats thereof,
intimidation and insults (Art 13, 14,17, 87, Third
Geneva Convention; Articles 5, 27, 31,32, 33 Fourth
Geneva Convention), the ICRC asks the authorities
of the CF to respect at all times the human
dignity, physical integrity and cultural
sensitivity of the persons deprived of their
liberty held in Iraq under their
control. The ICRC also asks the
authorities of the CF to ensure that battle group
units transferring and/or holding individuals
receive adequate training enabling them to operate
in a proper manner and meet their responsibilities
without resorting fling to brutality or using
excessive force.
3. TREATMENT DURING INTERROGATION 24. Arrests were usually followed by temporary
internment at battle group level or at initial
interrogation facilities managed by military
intelligence personnel. but accessible to other
intelligence personnel (especially in the case of
security detainees). The ill-treatment by the CF
personnel during interrogation was not systematic,
except with regard to persons arrested in
connection with suspected security offences or
deemed to have an "intelligence" value. In these
cases, persons deprived of their liberty supervised
by the military intelligence were subjected to a
variety of ill-treatments ranging from insults and
humiliation to both physical and psychological
coercion that in some cases might amount to torture
in order to force them to cooperate with their
interrogators. In certain cases, such as in Abu
Ghraib military intelligence section, methods of
physical and psychological coercion used by the
interrogators appeared to be part of the standard
operating procedures by military intelligence
personnel to obtain confessions and extract
information. Several military intelligence officers
confirmed to the ICRC that it was part of the
military intelligence process to hold a person
deprived of his liberty naked in a completely dark
and empty cell for a prolonged period to use
inhumane and degrading treatment, including
physical and psychological coercion, against
persons deprived of their liberty to secure their
cooperation. 3.1 Methods of ill-treatment 25. The methods of ill-treatment most frequently
alleged during interrogation included - Hooding, used to prevent people from seeing
and to disorient them, and also to prevent them
from breathing freely. One or sometimes two
bags1 sometimes with an elastic blindfold over
the eyes which, when slipped down further
impeded proper breathing. Hooding was sometimes
used in conjunction with beatings thus
increasing anxiety as to when blows would come.
The practice of heading also allowed the
interrogators to remain anonymous and thus to
act with impunity. Hooding could last for
periods from a few hours to up to 2 to 4
consecutive days, during which hoods were lifted
only for drinking, eating or going to the
toilets;
- Handcuffing with flexi-cuffs, which were
sometimes made so tight and used for such
extended periods that they caused skin lesions
and long-term after-effects on the hands (nerve
damage), as observed by the ICRC;
- beatings with hard objects (including
pistols and rifles), slapping, punching, kicking
with knees or feet on various parts of the body
(legs, sides, lower back, groin);
- beatings with hard objects (including
pistols and rifles), slapping, punching, kicking
with knees or feet on various parts of the body
(legs, sides, lower back, grain);
- Pressing the face into the ground with
boots;
- Threats (of ill-treatment, reprisals against
family members, imminent execution or transfer
to Guantánamo):
- Being stripped naked for several days while
held in solitary confinement in an empty and
completely dark cell that included a
latrine.
- Being held in solitary confinement combined
with threats (to intern the individual
indefinitely, to arrest other family members, to
transfer the individual to Guantánamo)
insufficient sleep, food or water deprivation,
minimal access to showers (twice a week), denial
of access to open air and prohibition of
contacts with other persons deprived of their
liberty;
- Being paraded naked outside cells in front
of other persons deprived of their liberty, and
guards, sometimes hooded or with women's
underwear over the head;
- Acts of humiliation such as being made to
stand naked against the wall of the cell with
arms raised or with women s underwear over the
head far prolonged perios -- while being laughed
at by guards. including female guards, and
sometimes photographed in this position;
- Being attached repeatedly over several days,
far several hours each time, with handcuffs to
the bars of their cell door in humiliating (i.e.
naked or in underwear) and/or uncomfortable
position causing physical pain;
- Exposure while hooded to loud noise or
music, prolonged exposure while hooded to the
sun over several hours, including during the
hottest time of the day when temperatures could
reach 60 degrees Celsius (122 degrees
Fahrenheit) or higher;
- Being forced to remain for prolonged periods
in stress positions such as squatting or
standing with or without the arms lifted.
26. These methods of physical and psycholo9ical
coercion were used by the military intelligence in
a systematic way to gain confessions and extract
information or other farms of co-operation from
persons who had bean arrested in connection with
suspected security offences or deemed to have an
"intelligence value". 3.2 Military Intelligence section, "Abu
Ghraib Correctional Facility" 27, In mid-October 2003, the ICRC visited
persons deprived of their liberty undergoing
interrogation by military intelligence officers in
Unit lA, the "isolation section" of "Abu Ghraib"
Correctional Facility. Most of these persons
deprived of their liberty had been arrested in
early October. During the visit, ICRC delegates
directly witnessed and documented a variety of
methods used to secure the cooperation of the
persons deprived of their liberty with their
interrogators. In particular they witnessed the
practice of keeping persons deprived of their
liberty completely naked in totally empty concrete
cells and in total darkness, allegedly for several
consecutive days. Upon witnessing such cases, the
ICRC interrupted its visits and requested an
explanation from the authorities. The military
intelligence officer in charge cit the
interrogation explained that this practice was
"part of the process". The process appeared to be a
give-and-take policy whereby persons deprived of
their liberty were "drip-fed" with new items
(clothing, bedding, hygiene articles, lit cell,
etc.) in exchange for their "cooperation". The ICRC
also visited other persons deprived of their
liberty held in total darkness, others in dimly lit
cells who had been allowed to dress following
periods during which they had been held naked.
Several had been given women's underwear to wear
under their jumpsuit (men's underwear was not
distributed), which they felt to be
humiliating. The ICRC documented other forms of
ill-treatment, usually combined with those
described above, including threats, insults, verbal
violence, sleep deprivation caused by the playing
of loud music or constant light in cells devoid of
windows, tight handcuffing with flexi-cuffs causing
lesions and wounds around the wrists. Punishment
included being made to walk in the corridors
handcuffed and naked, or with women's underwear on
the head, or being handcuffed either dressed or
naked to the bed bars or the cell door- Some
persons deprived of their liberty presented
physical marks and psychological symptoms, which
were compatible with these allegations. The ICRC
medical delegate examined persons deprived of their
liberty presenting signs of concentration
difficulties, memory problems, verbal expression
difficulties, incoherent speech, acute anxiety
reactions, abnormal behaviour and suicidal
tendencies. These symptoms appeared to have been
caused by the methods and duration of
interrogation. One person held in isolation that
the ICRC examined, was unresponsive to verbal and
painful stimuli. His heart rate was 120 beats per
minute and his respiratory rate 18 per minute. He
was diagnosed as suffering from somatoform (mental)
disorder, specifically a conversion disorder, most
likely due to the ill-treatment he was subjected to
during interrogation. According to the allegations collected by the
ICAC, detaining authorities also continued to keep
persons deprived of their liberty during the period
of interrogation, uninformed of the reason for
their arrest. They were often questioned without
knowing what they were accused of. They were not
allowed to ask questions and were not provided with
an opportunity to seek clarification about the
reason for their arrest. Their treatment tended to
vary according to their degree of cooperation with
their interrogators: those who cooperated were
afforded preferential treatment such as being
allowed contacts with other persons deprived of
their liberty, being allowed to phone their
families, being given cloth's, bedding equipment.
food, water or cigarettes, being allowed access to
showers, being held in a lit cell. etc. 3.3 Umm Qasr (JFIT) and Camp Sucen
(JIF/ICE) 28. Since the establishment of Umm Qasr camp and
its successor, Camp Bucca, persons deprived of
their liberty undergoing interrogation, whether
they had been arrested by British. Danish, Dutch or
Italian armed forces were segregated from other
internees in a separate section of the camp
designed for investigation. This section was
initially operated by the British Armed Forces who
called it Joint Field Intelligence Team (JFIT). On
7 April. its administration was handed over to the
US Armed Forces, which renamed it Joint
Interrogation Facility/Interrogation Control
Element (JIF/ICE). On 25 September 2003, its
administration was handed back to the British Armed
Forces. 29. CF intelligence personnel interrogated
persons deprived of their liberty of concern to
them in this section. They were either accused of
attacks against the CF or deemed to have an
"intelligence value". They could be held there from
a few days to several weeks, until their
interrogation was completed. During a visit in
September 2003, the ICRC interviewed in that
section several persons deprived of their liberty
that had been held there for periods from three to
four weeks. 30. Initially, inmates were routinely treated by
their guards with general contempt, with petty
violence such as having orders screamed at them and
being cursed, kicked, struck with rifle butts,
roughed up or pushed around. They were reportedly
handcuffed in the back and hooded for the duration
of the interrogation and were prohibited from
talking to each other or to the guards. Hooding
appeared to be motivated by security concerns as
well as to be part of standard intimidation
techniques used by military intelligence personnel
to frighten inmates into cooperating. This was
combined with deliberately maintaining uncertainty
about what would happen to the inmates, and a
generally hostile attitude on the part of the
guards. Conditions of internment improved according
to the degree of cooperation of the persons
deprived of his liberty. Interrogated persons
deprived of their liberty were held in two separate
sections. Those under initial investigation were
reportedly not allowed to talk to each other
(purportedly to avoid exchange of information and
"versions of events" between them). They were not
allowed to stand up or walk out of the tent but
they had access to water with which to wash
themselves. Once they had cooperated with their
interrogators, they were transferred to the
"privileged" tent where the above-mentioned
restrictions were lifted. 31. Persons deprived of their liberty undergoing
interrogation by the CF were allegedly subjected to
frequent cursing, insults and threats, both
physical and verbal, such as having rifles aimed at
them in a general way or directly against the
temple, the back of the head, or the stomach, and
threatened with transfer to Guantánamo,
death or indefinite internment. Besides mentioning
the general climate of intimidation maintained as
one of the methods used to pressure persons
deprived of their liberty to cooperate with their
interrogators, none of those interviewed by the
ICRC in Umm Qasr and Camp Bucca spoke of physical
ill-treatment during interrogation. All allegations
of ill-treatment referred to the phase of arrest,
initial internment (at collecting points, holding
areas) and "tactical questioning" by military
intelligence officers attached to battle group
units, prior to transfer to Camp Bucca. |