Human Rights Watch:abuses
were "rooted in policies conceived at very high
levels"
The Washington Times
By Anwar Iqbalbr
UNITED PRESS INTERNATIONAL
Washington, DC, Jan. 13 (UPI) -- A U.S. Human Rights group
Thursday urged the Bush administration to appoint a special
prosecutor to investigate widespread abuse of prisoners at U.S.
military facilities abroad.
In its annual report, the New York-based Human Rights Watch
said the abuses were "rooted in policies conceived at very high
levels" but "only a handful of private sergeants are being blamed
for it."
The group's director Kenneth Roth told United Press
International that the proposed investigator should investigate
higher ups -- including Defense Secretary Donald Rumsfeld, and
Attorney General-designate Alberto Gonzales -- who were the
architects of the policies that led to "torture."
"There's evidence indicating that policy decisions taken at
the most senior levels led to an atmosphere that led to the
torture of prisoners at Abu Ghraib and other prisons," said
Roth.
"If the U.S. is to redeem its credibility, it needs not only
to repudiate these practices but also to conduct an independent
investigation and to ensure that those responsible are brought to
justice," he added.
Asked if he believed President Bush had personally approved
the policies his group blames for the abuses, Roth said, "We
don't know the role of President Bush and were not trying to make
cheap allegations"
"But there's clear evidence of the involvement of Gonzales and
of Rumsfeld, but we, at this stage, do not know which particular
individuals were involved," he said. "What we do know is that
serious crimes were committed and there is a genuine need for
investigation."
Roth said only the attorney general is authorized to appoint a
special prosecutor and there's a long tradition for such
appointments whenever there is reason to doubt the independence
of the Justice Department.
"Special prosecutors were appointed for far lesser crimes,
such as to investigate allegations of sexual abuse against
President Clinton, and most recently under the Bush
administration to determine who identified the wife of a CIA
agent," said Roth.
He referred to a recent USA Today poll which said the American
people overwhelmingly disapprove of torture and are outraged by
the Bush administration's decision to use torture and coercive
interrogation.
When asked why Bush so convincingly won the November election
when so many American people were against his policies, Roth
said: "I don't think anybody believed Bush was elected because of
the use of torture. They elected him despite the use of torture
because other things took precedence. Besides, a lot of the
latest allegations have come out since the election."
Explaining his demand a special prosecutor, he said: "I don't
think American people will be satisfied with the trial of low
level private sergeants. There is something unseemly about senior
admin officials simply blaming their low-level subordinates."
Roth said that a special prosecutor should investigate
violations of two U.S. laws -- the Torture Victim Protection
Act of 1994 which criminalizes torture committed anyplace in the
world by U.S. forces, and the War Crimes Act of 1996, which
criminalizes any serious violation of the Geneva
Conventions.
"That's why the Bush administration kept saying that the
Geneva Conventions did not apply to the Afghan conflict," Roth
said. "They were under the misguided impression that by saying
that they could avoid criminal prosecution in the United
States."
Roth said that there have been no prosecutions under either of
those laws.
Under the Geneva Conventions, he said, one is guilty of a
crime, "not simply if you direct the action, but also if as a
commander of troops you learned or should have known of crimes by
your troops and you don't take steps to stop it."
"In the many memos that have been released over the last few
months, you never see Secretary Rumsfeld saying: 'What is going
on here? Let's stop this mistreatment.' You never see Rumsfeld
saying, 'End coercive interrogations,'" Roth said.
"The absence of such clear direction from the top makes
Secretary Rumsfeld vulnerable to an investigation under a command
responsibility theory," Roth added.
When UPI contacted Lou Fintor, a State Department spokesman,
he said: "While we haven't seen the report, and don't have
details of what's been said, the U.S. holds itself to the same
standards that it holds other countries. When allegations of
human rights abuses are identified within our country, or by our
citizens, we investigate them fully and where necessary prosecute
the perpetrator."
At a briefing Thursday, Pentagon spokesman Lawrence Dirita
said a "dozen" investigations had yielded eight or nine reports,
which had not reached the same conclusion.
"The reports that have looked at policy have concluded that
there is in fact no policy of abuse," Dirita said. The
Schlesinger panel found that, the Kern-Fay-Jones panel found
that. Admiral Church is about to wrap up his investigation, and
he will conclude the same thing."
"This has been investigated ... different perspectives --
military intelligence, military police, Reserves, special
operators," he added. "... There have been something on the order
of four or five dozen criminal referrals already."
When it was pointed out that these were investigations were
not conducted by a special prosecutor, Dirita said, "The United
States military conducts criminal investigations probably on the
order of tens of thousands a year. And there's a process for
that. There's an entire court system established for criminal
investigations within the United States military."
HRW's Washington advocacy director, Tom Malinowski, told UPI
that "it has been established pretty conclusive that the abuses
were widespread and were committed at the U.S. prison facilities
at Guantanamo Bay, Cuba and in Afghanistan, not just at Iraq's
Abu Ghraib prison."
Malinowski said the abuses also had given repressive regimes
around the world an excuse to justify the abuses they were
already committed.
When reminded of the human rights violations they commit at
home, such regimes now point to the United States and argue
America does not have the right to say this anymore because it is
doing the same at Guantanamo Bay and in Iraq, the HRW official
said.
He said repressive regimes had always hidden behind such
excuses but now their "argument is resonating among with their
own people."
"The abuses have diminished America's authority to convince
them to stop," said Malinowski.
In its annual report, the Human Rights Watch maintains that
unlike other nations, the United States cannot afford to lower
its standards on human rights because of its high standing in the
world community. "When most governments breach international
human rights and humanitarian law, they commit a violation," the
report said. "When a government as dominant and influential as
the United States openly defies that law and seeks to justify its
defiance, it also undermines the law itself and invites others to
do the same."
The report also said that America's actions were hurting its
fight against terrorism and in the war in Iraq, contending, "In
the midst of a seeming epidemic of suicide bombings, beheadings
and other attacks on civilians and noncombatants, all affronts to
the most basic human rights values, Washington's weakened moral
authority is felt acutely."
Human Rights Watch was also very concerned about the ongoing
genocide in the Darfur region of Sudan where it said millions of
people have been displaced from their homes and tens of thousands
have been killed.
The report was critical of the world community's lack of
action in the Sudan. "Continued inaction risks undermining a
fundamental human rights principle: That the nations of the world
will never let sovereignty stand in the way of their
responsibility to protect people from mass atrocities," Human
Rights Watch said.
The Human Rights Watch World Report 2005 reviewed the state of
human rights, including the prevalence of torture, religious
freedom, due process under the law, racial and ethnic
discrimination, and other issues.
In a separate chapter on Iran, the report accused Tehran's
chief prosecutor Saeed Mortazavi of direct involvement in the
torture and wrongful detention of journalists.
The said after testifying to a presidential commission about
their torture during detention, a group of Iranian journalists
received death threats from judicial officials under
Mortazavi.
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