Prosecutions and convictions
A look at accountability to date for abuses at Abu Ghraib and in the broader "war on terror."
ByTopics: News
Accountability for Abu Ghraib
Nine U.S. Army soldiers have been court-martialed and convicted of crimes committed at Abu Ghraib prison: seven military police, and two soldiers from military intelligence. All were enlisted soldiers. Within the Army’s judicial system, accountability up the chain of command has stopped at the rank of staff sergeant — to date, no commanding officers have been prosecuted.
The doctrine of command responsibility, according to Paragraph 501 of Army Field Manual 27-10, holds that a commander is legally responsible not only for orders handed down but “if he has actual knowledge, or should have knowledge … that troops or other persons subject to his control are about to commit or have committed a war crime and he fails to take the necessary and reasonable steps to insure compliance with the law of war or to punish violators thereof.”
While no officers have been court-martialed, the Army says it has taken nonjudicial action against some officers for crimes at Abu Ghraib. Beyond the nine convictions detailed below, Army public affairs officer Maj. Wayne Marotto told Salon by e-mail that three soldiers and one officer received nonjudicial punishments, and four soldiers and eight officers received official reprimands. In addition, “a number of officers were suspended or relieved of their duties,” according to Marotto. He declined to provide further details about these personnel, citing the Privacy Act of 1974, which prohibits the Army from “publicly releasing certain items of information” about individuals regarding nonjudicial actions taken against them.
There are two publicly known cases of military leaders from Abu Ghraib receiving nonjudicial punishment. According to a May 5, 2005, Army press release, Brig. Gen. Janis Karpinski, commander of the 800th Military Police Brigade, was relieved of command, was demoted to colonel and received a letter of reprimand. And on May 13, 2005, the Department of Defense announced that Col. Thomas M. Pappas, commander of the 205th Military Intelligence Brigade, was relieved of command, received a letter of reprimand and was fined $8,000. (One day earlier, the Washington Post reported the reprimand of Pappas, citing an unnamed Army official.)
Details of the following nine Abu Ghraib convictions were compiled from media reports and military court records.
- – - – - – - – - – - – - – - – -
Cpl. Charles A. Graner Jr., 372nd M.P. Co.
Convicted by a general court-martial in January 2005 on five counts of assault, maltreatment and conspiracy.
The charges against Graner stemmed from a number of incidents at Abu Ghraib in November 2003. Among the charges were striking a detainee with a metal baton, stomping on detainees’ hands and bare feet, and hitting a detainee “with a means or force likely to produce death or grievous bodily harm.” He was also charged with photographing detainees he had ordered to strip and masturbate, as well as a pair of detainees whom he had ordered to simulate fellatio.
Graner received a 10-year prison sentence and a dishonorable discharge from the Army, and was reduced in rank to private.
Pfc. Lynndie England, 372nd M.P. Co.
Convicted by a general court-martial in September 2005 on one count of conspiracy, four counts of maltreating detainees and one count of committing an indecent act.
England was photographed holding a leash tied to a detainee’s neck, smiling while pointing at hooded and naked detainees, and giving a thumbs-up sign next to a group of naked detainees bound and stacked in a pyramid.
England was sentenced to three years in prison and received a dishonorable discharge.
Staff Sgt. Ivan Frederick II, 372nd M.P. Co.
Pleaded guilty before a general court-martial in October 2004 to conspiracy, dereliction of duty, maltreatment of detainees, assault and committing an indecent act.
The charges against Frederick included arranging naked detainees in a human pyramid, ordering detainees to strip and masturbate, forcing two detainees into a position simulating fellatio and posing for a photograph while sitting on top of a bound detainee. He was also charged with participating in an incident in which a hooded detainee was placed on a box with wires attached to his hands and told that if he fell off, he would be electrocuted.
Frederick was sentenced to eight years in prison and the forfeiture of pay. He also received a dishonorable discharge and a reduction in rank to private.
Spc. Jeremy Sivits, 372nd M.P. Co.
Pleaded guilty before a special court-martial in May 2004 to four counts of taking photographs of detainee abuse in November 2003.
The charges against Sivits included escorting detainees to be abused by other soldiers and taking photographs of detainees forced into a human pyramid.
Sivits was sentenced to one year in military prison, was educed in rank and received a bad-conduct discharge from the military.
Spc. Sabrina Harman, 372nd M.P. Co.
Convicted by a general court-martial in May 2005 of conspiracy, maltreating detainees and dereliction of duty.
The charges against Harman included posing in a photograph giving a thumbs-up next to a dead detainee, photographing and videotaping detainees while they were forced to masturbate, writing “rapeist” (sic) on a detainee’s leg, and participating in an incident in which a hooded detainee was placed on a box with wires attached to his hands and told that if he fell off, he would be electrocuted.
She was sentenced to six months in prison and received a bad-conduct discharge.
Sgt. Javal S. Davis, 372nd M.P. Co.
Pleaded guilty before a general court-martial in February 2005 to assault, dereliction of duty and lying to investigators.
The charges against Davis included arranging detainees on the floor to be abused by other soldiers, stomping on detainees’ hands and bare feet, striking at least one detainee and jumping on a pile of detainees.
Davis was reduced in rank, was sentenced to six months in prison and received a bad-conduct discharge.
Spc. Megan Ambuhl, 372nd M.P. Co.
Pleaded guilty before a summary court-martial in September 2004 to failing to prevent or report maltreatment of prisoners.
Ambuhl received a reduction in rank to private and the loss of half a month’s pay.
Spc. Armin J. Cruz Jr., 325th M.I. Battalion
Pleaded guilty before a special court-martial in September 2004 to conspiracy and mistreating prisoners.
Cruz confessed to forcing detainees to strip and crawl on their hands and knees, to pouring cold water on detainees and to helping position detainees for a photograph so that they appeared to be sodomizing one another.
Cruz was sentenced to eight months in prison, was reduced in rank to private and received a bad-conduct discharge.
Spc. Roman Krol, 325th M.I. Battalion
Pleaded guilty before a general court-martial in February 2005 to two counts of abusing detainees and one charge of conspiracy abuse.
Krol admitted to pouring water on naked detainees, forcing them to crawl around on the floor and throwing a foam football at them while they were handcuffed.
Kroll was sentenced to 10 months in prison, received a bad-conduct discharge and was reduced in rank to private.
- – - – - – - – - – - – - – - – -
Accountability for abuses in the broader “war on terror”
Many more cases of prisoner abuse committed by U.S. military and intelligence personnel across Iraq and beyond have been reported since the Bush administration’s “war on terror” began in late 2001.
In an e-mail to Salon, Army spokesman Paul Boyce said that as of March 3, 85 soldiers have been court-martialed for abuses in Iraq and Afghanistan. To date, there have been no courts-martial for abuses committed at the U.S. prison in Guantánamo Bay, Cuba. The Army declined to provide any details about convictions resulting from the courts-martial for prisoner abuse.
The group Human Rights Watch, which is conducting extensive research on military prosecutions for abuse and torture, has been able to document only about 70 courts-martial to date. Of those cases, fewer than half resulted in convictions that included prison time, according to Human Rights Watch. And of the approximately 30 convictions with prison time, only a small handful resulted in a prison sentence of more than a year.
U.S. investigators have determined that the CIA and civilian contractors also bear some responsibility for crimes committed at Abu Ghraib and elsewhere, including the murder of at least one detainee at Abu Ghraib and the deaths of three others in Iraq and Afghanistan. Yet despite the fact that Pentagon and CIA investigators have referred 20 cases to the Department of Justice, only one civilian — a CIA contractor — has been prosecuted. Not a single military contractor or CIA officer has been charged.
— Mark Follman and Tracy Clark-Flory
Related Stories
More Related Stories
-
Glenn Beck: CNN interview with atheist tornado survivor was a setup!
-
Incoming BBC news director on journalism gender gap: "We can do better"
-
Illegal construction, shoddy materials at fault in Bangladesh factory disaster
-
Ahead of Obama's speech, U.S. acknowledges four American drone killings
-
Must-see morning clip: Bill O'Reilly visits "The Daily Show"
-
Lawsuit alleges anti-gay hiring practices at ExxonMobil
-
Boy Scouts poised to vote, still greatly divided on gay youth
-
House supporters of KXL received $56m from fossil fuel industry
-
80-year-old becomes oldest to climb Mount Everest
-
Before FBI shooting man implicated self, Tsarnaev in triple murder
-
Paul McCartney backs Pussy Riot
-
UK emergency committee convenes after attack
-
Brave scout leader tried to reason with London attackers
-
If Alex Pareene were a cable news executive...
-
El Salvador court delays ruling on abortion case while woman's life hangs in the balance
-
UK officials: Radical Islam behind London attack
-
Pa. governor "can't find" any Latinos to work in his administration
-
London machete attack could be linked to terrorism
-
Conservative group blames military sexual assault on "Don't Ask, Don't Tell" repeal
-
Lois Lerner, IRS disaster
-
Donald Rumsfeld worried that marriage equality will lead to polygamy
Featured Slide Shows
The week in 10 pics
close X- Share on Twitter
- Share on Facebook
- Thumbnails
- Fullscreen
- 1 of 11
- Previous
- Next
-
Lisa Montgomery embraces her nephew Thursday after a tornado tore apart her home in Cleburne, Texas. The twister killed six people and destroyed entire swaths of the North Texas town.
Credit: AP/LM Otero -
Jack McMahon, the defense attorney for abortion doctor Kermit Gosnell, speaks outside the Criminal Justice Center in Philadelphia Tuesday. His client was convicted of killing three babies in his clinic, and will serve multiple life sentences.
Credit: AP/Matt Rourke -
A photo taken Monday captures Vice President Joe Biden's response to a Milwaukee second-grader's innovative proposal to end America's epidemic of gun violence. This guy!
Credit: AP/Jenny Aicher -
Sen. Rand Paul, R-Ky., flanked by a grouper-eyed Michele Bachmann, addresses the IRS' admission that it targeted Tea Party groups in advance of the 2012 election. In an op-ed for CNN Thursday, the Kentucky senator slammed the president for his faux outrage.
Credit: AP/Molly Riley -
Ousted IRS chief Steven Miller is sworn in on Capitol Hill Friday. Miller testified before the House Ways and Means Committee on the extra scrutiny the agency gave conservative groups applying for tax-exempt status.
Credit: AP/J. Scott Applewhite -
Attorney General Eric Holder pauses as he testifies on Capitol Hill before the House Judiciary Committee Wednesday. Holder is under fire, among other things, for the Justice Department's gathering of phone records at the Associated Press.
Credit: AP/Carolyn Kaster -
O.J. Simpson sits during an evidentiary hearing at Clark County District Court in Las Vegas, Nev., Thursday. Simpson, who is currently serving a nine-to-33-year sentence in state prison for armed robbery and kidnapping, is using a writ of habeas corpus to seek a new trial.
Credit: AP/Las Vegas Review-Journal/Jeff Scheid -
Major Tom to ground control: On Sunday astronaut Chris Hadfield recorded the first music video from space, a cover of David Bowie's "Space Oddity."
Credit: AP/NASA/Chris Hadfield -
When it rains it pours. President Barack Obama speaks during a news conference Thursday with Turkish Prime Minister Recep Tayyip Erdogan, inexplicably inspiring an #umbrellagate Twitter meme.
Credit: AP/Jacquelyn Martin -
A smoke plume rises high above a road block at the intersection of County A and Ross Road east of Solon Springs, Wis., Tuesday. No injuries were reported, but the the wildfire caused evacuations across northwestern Wisconsin.
Credit: AP/The Duluth News-Tribune/Clint Austin -
Recent Slide Shows
- Share on Twitter
- Share on Facebook
- Thumbnails
- Fullscreen
- 1 of 11
- Previous
- Next
Related Videos
Most Read
-
Oklahoma senator: Tornado aid "totally different" from Sandy aid
Jillian Rayfield
-
Tornado survivor to Wolf Blitzer: Sorry, I'm an atheist. I don't have to thank the Lord
Mary Elizabeth Williams
-
9-year-old slams Rahm over Chicago schools
Natasha Lennard
-
Inhofe and Coburn: Red state hypocrites
Joan Walsh
-
Facebook's hate speech problem
Mary Elizabeth Williams
-
Experts: Fox News spying scandal a game-changer
Natasha Lennard
-
Brad Pitt keeps breaking his silence on how boring marriage to Jennifer Aniston was
Daniel D'Addario
-
Revenge, ego and the corruption of Wikipedia
Andrew Leonard
-
Did a Salon excerpt ruin Penn Jillette's chance to win "Celebrity Apprentice"?
Daniel D'Addario
-
You are less beautiful than you think
Ozgun Atasoy, Scientific American
Popular on Reddit
links from salon.com

154 points155 points156 points | 56 comments

43 points44 points45 points | 1 comment

10 points11 points12 points | comment
From Around the Web
Presented by Scribol
- British mom filmed confronting killers of soldier in London explains brave act
- Chatter: Machete terrorist attack in London
- Tax haven no longer? Luxembourg resists change to lax regulations
- America: What's more harmful, pot use or incarceration?
- UPDATES: More details of British soldier's killers emerge, as riots break out in London
- Can activists shame Abercrombie & Fitch into reforming?
- How Apple's tricky accounting could spark global tax reform
- What happens when 2 ancient galaxies smash into each other?
- How a Ghost Army of American artists helped defeat Hitler
- London's gruesome attack and the rising threat of lone-wolf terrorism


Comments
0 Comments