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October 2004
Department of Defense Response to the
Associated Press
The Department of Defense’s response
to the allegations of abuse of prisoners at Guantanamo Bay and Abu
Ghraib which were noted both in the Schlesinger report and in Vice
Admiral Church’s press briefing
[Editor's note: The Associated Press
asked the Department of Defense for its response to the allegations
of abuse of prisoners at Guantanamo Bay and Abu Ghraib which were
noted both in the Schlesinger report and in Vice Admiral Church's
press briefing. Their response is below.]
Following is our response to the
Schlesinger report GTMO allegations of abuse incidents (finally).
Earlier this year, both the
Schlesinger Report and the press briefing provided by Vice Admiral
A.T. Church III, cited eight "substantiated cases" regarding
appropriate treatment of detainees at Guantanamo.
The Department takes all allegations
of abuse seriously. Credible allegations of abuse made by detainees
or reported by JTF GTMO officials are investigated. Those who are
found to have committed unlawful acts are immediately removed from
further contact with detainees and are disciplined as the
circumstances warrant.
The following are the details of
those infractions and how they were resolved.
1) A guard was charged with assault
against a detainee for actions during an incident in September 2002.
During that incident, detainees in a detention block were protesting
and one detainee threw food out of his cell window (the portal in
the door through which food and books are passed). The window was
closed by a guard, and during a later check on the detainee, the
detainee threw what was believed to be water from the toilet on the
guard. The guard then attempted to spray the detainee with a hose.
The guard received non-judicial punishment pursuant to an Article
15, Uniform Code of Military Justice (UCMJ). He was reduced in rank
to E-3 (suspended) and given 7 days restriction. He was reassigned
to other duties at Guantanamo.
2) A guard was charged with
dereliction of duty and assault on a detainee following an incident
in April of 2003 that involved a disturbance in one of the detention
blocks. One detainee who was already out of his cell assaulted
another guard, and while the detainee was being subdued, the
detainee bit the guard. After the detainee was subdued, the guard
struck the detainee with his fist in which he held a handheld radio.
He received non-judicial punishment pursuant to an Article 15 in May
2003. The guard was reduced in rank to E-3, given 45 days of extra
duty and was reassigned.
3) In April 2003, during the approach
phase of an interrogation, a female interrogator took off her
uniform top (her brown T-shirt was still worn), ran her fingers
through the detainee's hair and sat on his lap. A supervisor
monitoring the interrogation immediately terminated the session. The
interrogator was given a written reprimand for her conduct and
received additional training before being allowed to continue duties
as an interrogator.
4) In early 2003 a female
interrogator (different interrogator than incident 3) wiped dye from
red magic marker on detainees' shirt after detainee spit on her. She
told the detainee the stain was blood. The interrogator received a
verbal reprimand for inappropriate contact/interrogation technique.
5) An interrogator in April 2003 used
a "fear-up/harsh" technique by directing MPs to repeatedly bring the
detainee from a standing to prone position and back. A review of
medical records indicated superficial bruising to the detainee's
knees. The interrogator was issued a written reprimand. Maj. Gen.
Miller, JTF Commander at the time of this incident, prohibited
further use of the "fear-up/harsh" technique and specifically
prohibited MPs from involvement during interrogation.
6) In February 2004, an MP was joking
with a detainee and dared the detainee to throw water on him. The
detainee did so and the MP squirted the detainee with water from a
water bottle. The MP also engaged in inappropriate casual
conversation with detainee. The MP's behavior described above was in
violation of JTF Guantanamo Standard Operating Procedures (SOP). The
MP was reassigned to other duties at Guantanamo.
7) In March 2003, an MP sprayed
pepper spray on a detainee who was preparing to throw unidentified
liquid on another MP during an Initial Response Force response. The
MP was alleged to have used the spray in violation of the JTF
Guantanamo SOP. The MP turned down an Article 15 (non-judicial
punishment) and instead requested a court-martial proceeding. He was
acquitted by members at a Special Court Martial in June 2003.
8) In February 2004, a Camp barber
intentionally gave two unusual haircuts, in an effort to frustrate
detainee requests for similar haircuts, as a sign of detainee unity.
The barber and his company commander were counseled by their
battalion commander, and the barber was required to re-cut the
detainees' hair appropriately.
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