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Obama Administration Handed Over Detainees Despite Reports of Torture

Saturday 23 October 2010

by: Angus Stickler
<http://www.iraqwarlogs.com/2010/10/23/obama-administration-handed-over-detainees/>

http://www.truth-out.org/obama-administration-handed-over-detainees-despite-reports-torture64482





President Barack Obama’s government handed over thousands of detainees to
the Iraqi authorities, despite knowing there were hundreds of reports of
alleged torture in Iraqi government facilities.

Washington was warned by the United Nations and many human rights
organisations that torture was widespread in Iraqi detention centres. But
the Bureau of Investigative Journalism can reveal the US’s own troops
informed their commanders of more than 1,300 claims of torture by Iraqi
Security forces between 2005 and 2009.

*Prisoner Handover*

In July 2010, the US completed the handover of 9,250 detainees to the Iraqi
authorities.

It would be a clear violation of international law, drawn up by the United
Nations Convention Against
Torture,<http://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-9&chapter=4&lang=en>ratified
by the US in 1994, for any government to transfer detainees to a
regime at whose hands they face torture or other serious human rights
violations.

However, the 1,365 cases of alleged torture by the Iraqi authorities found
by the Bureau, raise questions as to why the US government handed over
detainees to these authorities.

Human rights organisations have expressed outrage at the revelations.
Professor Novak, the UN Rapporteur on Torture told the Bureau: “If the
United States forces handed over detainees to Iraqi jurisdiction, despite
the fact that they were at serious risk of being subjected to torture, that
is a violation of Article 3C of the Convention Against Torture of which the
US is a signatory.”

He said there should be a full and thorough investigation to ascertain
whether any of the detainees handed over to the Iraqi authorities by the US
have been abused.

“The burden of proof is on the US to prove that they can categorically state
that the detainees they are handing over are not at risk of torture.There
should be an investigation to look into the fate of those individuals to see
whether they have been abused.”

It is likely that the detainees handed over could face torture. Many of the
reports in the logs detail complaints of brutality reminiscent of Saddam
Hussein’s regime. They include accounts of detainees being whipped with
cables, chains, wire and pistols and being burnt with acid and cigarettes.
Some accounts describe people having electric shocks to their genitals,
fingernails ripped out and fingers cut off. In other cases, the documents
report men being sodomised with bottles, hoses and raped.

One of the worst cases relates to a man held in an underground bunker and
tortured for two months in Diyala Prison, run by the Iraqi Ministry of
Justice.

March 25 2006
His hands were bound/shackled and he was suspended from the ceiling; the use
of blunt objects (pipes) to beat him on the back and legs; and the use of
electric drills to bore holes in his legs.

Malcolm Smart, director of Amnesty International’s Middle East and North
Africa Porgramme said: “This adds further weight, if it were needed, that US
authorities committed a serious breach of international law when they handed
over thousands of detainees to Iraqi security forces who, they clearly knew,
were responsible for widespread and systematic torture. It is our view that
the current US administration is complicit in torture.

“The US authorities, like all other governments, have an obligation not only
to ensure that their own forces do not use torture, but also that people who
were detained ans are bieng held by US forces are not handed over to other
authorities who are likely to torture them.”

He continued: “The US failed to respect this obligation in Iraq, despite the
great volume of evidence available from many different quarters showing that
the Iraqi security forces use torture widely and are allowed to do so with
impunity.

The US military records add to a body of evidence gathered by the
international community concerning allegations of torture within Iraqi state
facilities.

*Evidence of Abuse *

In 2008 the United Nations Assistance Mission for Iraq
(UNAMI)<http://www.uniraq.org/>warned, “Ongoing widespread
ill-treatment and torture of detainees by Iraqi
law enforcement authorities, amidst pervasive impunity of current and past
human rights abuses, constitute severe breaches of international human
rights obligations.”

Despite this, on January 1 2009, the Iraq-United States Bilateral Security
Agreement came into force. This provided for the release and transfer from
US jurisdiction of detainees to Iraqi custody. At the time, the UNAMI called
on both parties “to implement the agreement in strict compliance with human
rights norms and standards”.

US forces continued to gather evidence of alleged detainee abuse throughout
this period, logging 112 cases in 2009. The last detainee case reported in
the military files is dated December 23. It describes an incident in a video
recording that showed 12 Iraqi Army officers executing a detainee. This,
even when the handover was occurring.

December 23 2009
The detainee had his hands bound … The footage shows the soldiers moving the
detainee into the street, pushing him to the ground, punching him, and
shooting him.

The bulk of the torture allegations are against facilities run by either the
Iraqi Ministry of Interior or the Ministry of Defence – establishments such
as police stations and army buildings. But there are allegations also
 against the MOJ recorded in the SIGACTS.
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