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EOHR calls for immediate public prosecution
of those responsible for torture in Abi Gharib
4/5/2004
The Egyptian Organization for Human Rights (EOHR) condemns the immoral crimes committed by the American and British occupation forces against Iraqi detainees in Abi Gharib Prison and calls for an immediate public enquiry and prosecution of those found responsible for these torture crimes.
The acts of torture committed against Iraqi prisoners contravenes the Fourth and Third Geneva Conventions relative to the Protection of Civilian Persons in Time of War [1949], and is in flagrant violation of international standards for the treatment of prisoners of war. Under the Geneva Conventions, prisoners of war - who are defined as combatants who fall into enemy hands - are guaranteed several rights:
- Prisoners of war are in the hands of the enemy Power, but not of the individuals or military units who have captured them. Irrespective of the individual responsibilities that may exist, the Detaining Power is responsible for the treatment given them. (Article 12)
- Prisoners of war shall be evacuated, as soon as possible after their capture, to camps situated in an area far enough from the combat zone for them to be out of danger. (Article 19)
Under Section two prisoners must be provided with suitable living conditions, food and clothing and adequate medical attention .
They have the right to exercise their religious duties and the right to communicate with the outside world, including the right to send and receive letters, parcels and telegrams. Prisoners may be made to work in agriculture, transport or other paid employment (Article 50.)
The United States' mistreatment of Iraqis detainees violates all of these provisions. Anyone found responsible for these immoral acts, whether American or British, is considered in violation of the Geneva Convention and a war criminal, and is consequently liable for prosecution anywhere in the world.
In a programme broadcast on the 28/4/2004 the American news network CBS News aired pictures taken in Abi Gharib Prison at the end of 2003 showing US forces mistreating Iraqi detainees.
American soldiers were photographed smiling in front of naked detainees piled on top of each other or made to adopt poses simulating sex.
The British newspaper the Daily Mirror published an article on the 1/5/2004 which stated that British soldiers have committed immoral crimes against Iraqi detainees such as urinating on them or stripping them of their clothes.
The affair does not stop there.
Female prisoners in Abu Gharib Prison (which holds some 6,500 prisoners) have been subject to sexual assault by US occupation force solders, including rape.
EOHR condemns the reaction of the US army to these crimes, which has restricted itself to a letter of reproof sent to US officers involved in crimes against Iraqi detainees.
The US Government has been content merely to express its disgust at the pictures and pledge its commitment to punish those responsible while the British Government has merely condemned the scenes shown in the photographs.
These pictures are reminiscent of the images of detainees held at Guantanamo.
There, some 660 detainees from 42 countries are held in bad conditions outside the protection of the law.
Despite Washington having announced its determination to bring these detainees to trial this year no legal procedures have begun - a timetable of prosecutions has not even been put in place yet - and detainees are not allowed to meet their lawyers. Amnesty International condemns the inhumane treatment of Guantanamo detainees and has repeatedly asked the United States to clarify their legal position.
In the light of these inhumane and contemptuous acts EOHR demands:
- the convening of a fair independent public inquiry into all the allegations of torture of Iraqi detainees, and the prosecution of the perpetrators of these acts.
The conditions in which Iraqi detainees are kept must be brought into line with international minimum standards for the treatment of prisoners.
- that he US Government convene an immediate inquiry into current military operations in Iraq and the excessive use of force by US military units.
It must identify those responsible for war crimes committed against Iraqis under the Geneva Convention.
- that the US Government ratify the 1998 Rome Statute of the International Criminal Court which has jurisdiction to examine war crimes, crimes against humanity, genocide and crimes of aggression.
The US has attempted to obtain immunity for its citizens from ICC prosecution for acts of genocide, crimes against humanity and war crimes.
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