Graphic discription of the abuse of prisoners in Iraq (actual Military Invstn.)

[Alisomali]

5. (S) That between October and December 2003, at the Abu Ghraib Confinement Facility (BCCF), numerous incidents of sadistic, blatant, and wanton criminal abuses were inflicted on several detainees. This systemic and illegal abuse of detainees was intentionally perpetrated by several members of the military police guard force (372nd Military Police Company, 320thMilitary Police Battalion, 800th MP Brigade), in Tier (section) 1-A of the Abu Ghraib Prison (BCCF). The allegations of abuse were substantiated by detailed witness statements (ANNEX 26) and the discovery of extremely graphic photographic evidence. Due to the extremely sensitive nature of these photographs and videos, the ongoing CID investigation, and the potential for the criminal prosecution of several suspects, the photographic evidence is not included in the body of my investigation. The pictures and videos are available from the Criminal Investigative Command and the CTJF-7 prosecution team. In addition to the aforementioned crimes, there were also abuses committed by members of the 325th MI Battalion, 205th MI Brigade, and Joint Interrogation and Debriefing Center (JIDC). Specifically, on 24 November 2003, SPC Luciana Spencer, 205th MI Brigade, sought to degrade a detainee by having him strip and returned to cell naked. (ANNEXES 26 and 53)

 

6. (S) I find that the intentional abuse of detainees by military police personnel included the following acts:

 

a. (S) Punching, slapping, and kicking detainees; jumping on their naked feet;

 

b. (S) Videotaping and photographing naked male and female detainees;

 

c. (S) Forcibly arranging detainees in various sexually explicit positions for photographing;

 

d. (S) Forcing detainees to remove their clothing and keeping them naked for several days at a time;

 

e. (S) Forcing naked male detainees to wear women’s underwear;

 

f. (S) Forcing groups of male detainees to masturbate themselves while being photographed and videotaped;

 

g. (S) Arranging naked male detainees in a pile and then jumping on them;

 

h. (S) Positioning a naked detainee on a MRE Box, with a sandbag on his head, and attaching wires to his fingers, toes, and penis to simulate electric torture;

 

i. (S) Writing “I am a Rapest” (sic) on the leg of a detainee alleged to have forcibly raped a 15-year old fellow detainee, and then photographing him naked;

 

j. (S) Placing a dog chain or strap around a naked detainee’s neck and having a female Soldier pose for a picture;

 

k. (S) A male MP guard having sex with a female detainee;

 

l. (S) Using military working dogs (without muzzles) to intimidate and frighten detainees, and in at least one case biting and severely injuring a detainee;

 

m. (S) Taking photographs of dead Iraqi detainees.

 

(ANNEXES 25 and 26)

 

7.(U) These findings are amply supported by written confessions provided by several of the suspects, written statements provided by detainees, and witness statements. In reaching my findings, I have carefully considered the pre-existing statements of the following witnesses and suspects (ANNEX 26):

 

a. (U) SPC Jeremy Sivits, 372nd MP Company - Suspect

 

b. (U) SPC Sabrina Harman, 372nd MP Company – Suspect

 

c. (U) SGT Javal S. Davis, 372nd MP Company - Suspect

 

c. (U) PFC Lynndie R. England, 372nd MP Company - Suspect

 

d. (U) Adel Nakhla, Civilian Translator, Titan Corp., Assigned to the 205th MI Brigade- Suspect

 

(Names deleted)

 

8. (U) In addition, several detainees also described the following acts of abuse, which under the circumstances, I find credible based on the clarity of their statements and supporting evidence provided by other witnesses (ANNEX 26):

 

a. (U) Breaking chemical lights and pouring the phosphoric liquid on detainees;

 

b. (U) Threatening detainees with a charged 9mm pistol;

 

c. (U) Pouring cold water on naked detainees;

 

d. (U) Beating detainees with a broom handle and a chair;

 

e. (U) Threatening male detainees with rape;

 

f. (U) Allowing a military police guard to stitch the wound of a detainee who was injured after being slammed against the wall in his cell;

 

g. (U) Sodomizing a detainee with a chemical light and perhaps a broom stick.

 

h. (U) Using military working dogs to frighten and intimidate detainees with threats of attack, and in one instance actually biting a detainee.

 

9. (U) I have carefully considered the statements provided by the following detainees, which under the circumstances I find credible based on the clarity of their statements and supporting evidence provided by other witnesses:

 

a. (U) Amjed Isail Waleed, Detainee # 151365

 

b. (U) Hiadar Saber Abed Miktub-Aboodi, Detainee # 13077

 

c. (U) Huessin Mohssein Al-Zayiadi, Detainee # 19446

 

d. (U) Kasim Mehaddi Hilas, Detainee # 151108

 

e. (U) Mohanded Juma Juma (sic), Detainee # 152307

 

f. (U) Mustafa Jassim Mustafa, Detainee # 150542

 

g. (U) Shalan Said Alsharoni, Detainee, # 150422

 

h. (U) Abd Alwhab Youss, Detainee # 150425

 

i. (U) Asad Hamza Hanfosh, Detainee # 152529

 

j. (U) Nori Samir Gunbar Al-Yasseri, Detainee # 7787

 

k. (U) Thaar Salman Dawod, Detainee # 150427

 

l. (U) Ameen Sa’eed Al-Sheikh, Detainee # 151362

 

m. (U) Abdou Hussain Saad Faleh, Detainee # 18470 (ANNEX 26)

 

10. (U) I find that contrary to the provision of AR 190-8, and the findings found in MG Ryder’s Report, Military Intelligence (MI) interrogators and Other US Government Agency’s (OGA) interrogators actively requested that MP guards set physical and mental conditions for favorable interrogation of witnesses. Contrary to the findings of MG Ryder’s Report, I find that personnel assigned to the 372ndMP Company, 800th MP Brigade were directed to change facility procedures to “set the conditions” for MI interrogations. I find no direct evidence that MP personnel actually participated in those MI interrogations. (ANNEXES 19, 21, 25, and 26).

 

11. (U) I reach this finding based on the actual proven abuse that I find was inflicted on detainees and by the following witness statements. (ANNEXES 25 and 26):

 

a. (U) SPC Sabrina Harman, 372nd MP Company, stated in her sworn statement regarding the incident where a detainee was placed on a box with wires attached to his fingers, toes, and penis, “that her job was to keep detainees awake.” She stated that MI was talking to CPL Grainer. She stated: “MI wanted to get them to talk. It is Grainer and Frederick’s job to do things for MI and OGA to get these people to talk.”

 

b. (U) SGT Javal S. Davis, 372nd MP Company, stated in his sworn statement as follows: “I witnessed prisoners in the MI hold section, wing 1A being made to do various things that I would question morally. In Wing 1A we were told that they had different rules and different SOP for treatment. I never saw a set of rules or SOP for that section just word of mouth. The Soldier in charge of 1A was Corporal Granier. He stated that the Agents and MI Soldiers would ask him to do things, but nothing was ever in writing he would complain (sic).” When asked why the rules in 1A/1B were different than the rest of the wings, SGT Davis stated: “The rest of the wings are regular prisoners and 1A/B are Military Intelligence (MI) holds.” When asked why he did not inform his chain of command about this abuse, SGT Davis stated: “ Because I assumed that if they were doing things out of the ordinary or outside the guidelines, someone would have said something. Also the wing belongs to MI and it appeared MI personnel approved of the abuse.” SGT Davis also stated that he had heard MI insinuate to the guards to abuse the inmates. When asked what MI said he stated: “Loosen this guy up for us.” Make sure he has abad night.” “Make sure he gets the treatment.” He claimed these comments were made to CPL Granier and SSG Frederick. Finally, SGT Davis stated that (sic): “the MI staffs to my understanding have been giving Granier compliments on the way he has been handling the MI holds. Example being statements like, “Good job, they’re breaking down real fast. They answer every question. They’re giving out good information, Finally, and Keep up the good work . Stuff like that.”

 

c. (U) SPC Jason Kennel, 372nd MP Company, was asked if he were present when any detainees were abused. He stated: “I saw them nude, but MI would tell us to take away their mattresses, sheets, and clothes.” He could not recall who in MI had instructed him to do this, but commented that, “if they wanted me to do that they needed to give me paperwork.” He was later informed that “we could not do anything to embarrass the prisoners.”

 

d. (U) Mr. Adel L. Nakhla, a US civilian contract translator was questioned about several detainees accused of rape. He observed (sic): “They (detainees) were all naked, a bunch of people from MI, the MP were there that night and the inmates were ordered by SGT Granier and SGT Frederick ordered the guys while questioning them to admit what they did. They made them do strange exercises by sliding on their stomach, jump up and down, throw water on them and made them some wet, called them all kinds of names such as “gays” do they like to make love to guys, then they handcuffed their hands together and their legs with shackles and started to stack them on top of each other by insuring that the bottom guys penis will touch the guy on tops butt.”

 

e. (U) SPC Neil A Wallin, 109th Area Support Medical Battalion, a medic testified that: “Cell 1A was used to house high priority detainees and cell 1B was used to house the high risk or trouble making detainees. During my tour at the prison I observed that when the male detainees were first brought to the facility, some of them were made to wear female underwear, which I think was to somehow break them down.”

 

12. (U) I find that prior to its deployment to Iraq for Operation Iraqi Freedom, the 320th MP Battalion and the 372nd MP Company had received no training in detention/internee operations. I also find that very little instruction or training was provided to MP personnel on the applicable rules of the Geneva Convention Relative to the Treatment of Prisoners of War, FM 27-10, AR 190-8, or FM 3-19.40. Moreover, I find that few, if any, copies of the Geneva Conventions were ever made available to MP personnel or detainees. (ANNEXES 21-24, 33, and multiple witness statements)