P u t t i n g t h e System on Trial
407
An investigation would also determine whether the illegal interroga-
tion techniques that Secretary Rumsfeld approved for Guantânamo were
actually used to inflict inhuman treatment on detainees there before he re-
scinded his approval to use them without requesting his permission. It
would also examine whether Secretary Rumsfeld approved a secret pro-
gram that encouraged physical coercion and sexual humiliation of Iraqi
prisoners, as alleged by the journalist Seymour Hersh. If either were true,
Secretary Rumsfeld might also, in addition to command responsibility,
incur liability as the instigator of crimes against detainees.
Rumsfeld authorized a list of interrogation methods that violated the Geneva
Convention and the Convention against Torture used on detainees at Guantâ-
namo, which then migrated to other military prisons in Afghanistan and Iraq.
Among his directives for preparing detainees for interrogation were the following:
The use of stress positions (like standing) for a maximum of four hours in iso-
lation up to 30 days
The detainee may also have a hood placed over his head during transporta-
tion and questioning
Deprivation of light and auditory stimuli
Removal of all comfort items (including religious items)
Forced grooming (shaving of facial hair, etc)
Removal of clothing
Using detainees' individual phobias (such as fear of dogs) to induce stress
In addition, standard operating procedures advocated exposing detainees to
extremes of heat, cold, light, and noise.
The Department of Defense was repeatedly warned about torture and abuse
of detainees by the International Committee of the Red Cross (ICRC) in May and
July 2 0 0 3 (prior to the public exposé at Abu Ghraib) and again in February
2 0 0 4 .
2 2
The ICRC reported on hundreds of allegations of prisoner abuse at a number
of military venues, making repeated requests to take immediate steps to correct
these abuses. These concerns were ignored, the abuses worsened, and inspections
by the ICRC were curtailed. In its February 2 0 0 4 report, presented confidentially
to officials of the Coalition forces, the following violations against "protected per-
sons deprived of their liberty" during their internment by Coalition forces, the
ICRC highlighted the following:
• Brutality upon capture and initial custody, sometimes causing death or
serious injury
• Physical or psychological coercion during interrogation to secure infor-
mation
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