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Judge: Public Has Right to See Abuse Photos

By LARRY NEUMEISTER
The Associated Press
Thursday, May 26, 2005

NEW YORK -- A federal judge has told the government it will have to
release additional pictures of detainee abuse at Iraq's Abu Ghraib prison,
civil rights lawyers said.

Judge Alvin Hellerstein, finding the public has a right to see the
pictures, told the government Thursday he will sign an order requiring it
to release them to the American Civil Liberties Union, the lawyers said.

The judge made the decision after he and government attorneys privately
viewed a sampling of nine pictures resulting from an Army probe into abuse
and torture at the prison. The pictures were given to the Army by a
military policeman assigned there.

ACLU lawyer Megan Lewis told the judge she believes the government has
pictures of abuse beyond the Abu Ghraib images that sparked outrage around
the world after they were leaked to the media last year.

Some of the thousands of pages of documents the government has released to
the ACLU seem to refer to such images, and the government has not denied
that additional photos exist, she said.

The judge decided some pictures from Abu Graib could be released to comply
with the Freedom of Information Act while others must be redacted or were
not relevant to the ACLU's request, Lewis said.

She said the judge's findings likely would clear the way for the release
of other pictures of detainees taken around the world by U.S. authorities.

"I do think they could be extremely upsetting and depict conduct that
would outrage the American public and be truly horrifying," she said
outside court.

The judge ordered the transcript of comments made during his viewing of
the pictures sealed. He did not disclose his findings in court, but said
his order "will lead to production (of the pictures) or further
proceedings."

"Further proceedings" presumably referred to possible appeals by
government lawyers, who declined to comment as they left the hearing. A
message left with a government spokeswoman was not immediately returned.

Before viewing the pictures, the judge said in court that he thought
"photographs present a different level of detail and are the best evidence
the public can have of what occurred."

Government lawyer Sean Lane argued that releasing pictures, even if faces
and other features are obscured, would violate Geneva Convention rules on
prisoner treatment by subjecting detainees to additional humiliation or
embarrassment. He said the emotional wounds would be reopened because
detainees could identify themselves and because the public would learn
their identities.

The judge, however, said, "I don't believe with suitable redaction there
is an unwarranted invasion of privacy." He also said he didn't think it
was likely that detainees in redacted photos would be able to be
identified.

The judge's decision stems from a lawsuit the ACLU filed in October 2003
seeking information on treatment of detainees in U.S. custody and the
transfer of prisoners to countries known to use torture. The ACLU contends
that prisoner abuse is systemic.

So far, 36,000 pages of documents and the reports of 130 investigations,
mostly from the FBI and Army, have been turned over to the ACLU. The group
is seeking documents from the CIA and the Defense Department as well.

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