Situation Report on Iraqi Detainees
Christian Peacemaker Teams, Iraq
July 2004


Introduction

CPT is a faith-based violence reduction group that has maintained a nearly constant presence in Iraq since October 2002. Since May 2003, CPT has been working with Iraqi human rights organizations and individual Iraqis to monitor various interactions between Coalition Forces (CF)/Multinational Forces-Iraq (MNF-I) and the Iraqi people. In December 2003, CPT published a report on our work with Iraqi detainees and their families (Report and Recommendations on Iraqi Detainees, Christian Peacemaker Teams-Iraq, December 2003, located at www.cpt.org).

The report summarized the findings based on 72 individual cases, including recommendations that CPT gave directly to the Coalition Provisional Authority (CPA), U.S. military officials, and members of the U.S. Congress in January 2004. CPT’s conclusion was that “the military actions designed to ensure short-term security are in fact compromising long-term security interests of Iraqis and all internationals, including the CPA.” CPT also noted that we were “particularly concerned that any mistreatment of the Iraqi people could lead to long-term problems including:
1. Increasing numbers of Iraqi people joining resistance groups.
2. Increasing danger of attacks against Coalition soldiers.
3. A growing record of human rights violations against the Iraqi people.”
These remain CPT’s concerns.

CPT has continued to follow the 72 cases noted in the original report. A follow-up report to the December 2003 report will be available in September 2004.

In June 2004, the Coalition Provisional Authority (CPA) formally transferred limited civilian authority to an Iraqi interim government. The CF then became the MNF-I, and a United States Embassy was established in Baghdad. Under an agreement with the MNF-I and the interim Iraqi government, Iraqi authorities have control of prisoners with criminal charges, and the MNF-I have control of civilian internees (also known as “security detainees”).

Observations Regarding Security Detainees in Iraq

Security Concerns

In conversation with released detainees and other Iraqi citizens, CPT has noted a concern among these groups regarding the release process of prisoners and how it affects the security situation in society. Among the released detainees CPT has interviewed, none have reported knowledge of or participation in a judicial process leading to their release. Iraqis note the lack of confidence in an effective process for the decisions being made by CF/MNF-I regarding the release of prisoners. There is concern that criminal elements are released while those who appear to be innocent of any crime (often at the admission of CF/MNF-I) remain in prison for extended periods.

House Raids

House raids continue to be one of the main ways in which MNF-I soldiers take suspected insurgents into custody. Released detainees report MNF-I representatives often told them that their arrest was based on information from informants. When the detainees questioned their captors about evidence to substantiate such claims, no evidence was provided.

Families testify to the ongoing violence associated with the house raids, usually conducted in the middle of the night. Soldiers sometimes blow open doors with explosives, and they often shoot inside the home. CPT continues to receive reports of property damage and injury or death to detainees and family members.

Regarding the reasons for detention, CPT has noted a trend among released detainees that they were not informed of the charges against them as they were being taken into custody. Many detainees noted that after interrogators said they could find no reason for the detainee to remain in custody, it was often months before they released the detainees.

The common negative sentiment regarding the poor treatment of detainees by MNF-I is now much stronger than it was in January, especially highlighted by the abuse scandal as reported in the media in April 2004.

Family Visits

Before May of this year families continued to report inadequate communication with the detained members of their family especially regarding visitation. CPT has learned that since May of this year this situation has improved at Abu Ghraib with families able to visit loved ones in detention on a more frequent basis. For example, the waiting time to get a visit at Abu Ghraib used to be three to six months; it is now ten days.

Messages to and from detainees and their families get through via the Iraqi Red Crescent Society and the International Committee of the Red Cross (ICRC) and the Iraqi Ministry of Human Rights (IMHR). However, because messages must now go through ICRC’s Amman, Jordan office for processing, delivery is often delayed.

Health Concerns about Detainees

Many families with whom CPT speaks express concerns about the health of their loved ones in detention. Families worry about detainees with chronic health problems like heart disease or diabetes, and are especially concerned about detainees who were injured at the time of detention. CPT has found that families still have trouble receiving accurate information about the well being of their loved ones. One woman’s husband was shot and severely wounded during a house raid. She knew he had been taken to a particular hospital but was not allowed to visit him there. One month elapsed before she learned that he had been moved to Abu Ghraib prison.

Released detainees vary in their accounts about medical treatment in detention. Some report what they called “so-called medical treatment” which was inadequate. One reported that his heart medicine was taken away from him. He subsequently suffered a heart attack and stroke. Others mention particularly compassionate doctors. CPT’s perception of the situation is that the quality of medical treatment for detainees is uneven.

Treatment of Detainees

Testimonies of released detainees indicate that abuse often occurred in various forms and in various locales, the most frequent locale being the first place they were taken after being taken into custody (usually a local military base.) However, released detainees have also indicated abuse at both Abu Ghraib and Camp Bucca, two of the main prisons used by MNF-I. They also continue to report overcrowded conditions, poor food and water and inadequate clothing and bedding supplies.

Theft of Personal Property

Iraqis report to CPT a continuing trend of confiscation of personal property and money by MNF-I soldiers as detainees are taken into custody. To date, CPT is not aware of even one instance in which CF/MNF-I gave a receipt (as is required) for goods or money confiscated. There is a compensation process in place at the Iraqi Assistance Center (IAC) and through the General Information Centers (GIC’s) for both the theft and damage of personal property and for personal injury and wrongful death. (These centers were formed by the Coalition Provisional Authority (CPA) during its existence and are still open today). Many Iraqis have anecdotally reported to CPT that compensation is difficult to obtain.

Accessibility of Information Regarding Detainees

There has been significant improvement in the availability of information for the families of detainees. Information has been made available (in Arabic) via the Internet and through the IAC and the GIC’s. It is, however, still unusual for MNF-I representatives to tell families where their family member will be taken as they are detained. The GIC’s report a delay of about two weeks from the date of arrest until the information regarding the location of the prisoner appears in their databases. Information at these centers varies from center to center, and they sometimes give families wrong information.

Regarding the information posted on the Internet, most families tell us they do not have direct Internet access and find it difficult to obtain the information in this way. In addition, high-level officials at the CPA have admitted that the list on the Internet was sometimes scrambled and incomplete.

Breeding Resentment

Many released detainees and their families express particular bitterness that the United States, a country that speaks of bringing democracy to Iraq, did not follow democratic principles of justice by allowing them due legal process including a chance to defend themselves. It is not clear whether such resentment fosters armed resistance in Iraq. It is clear that hearts and minds are lost, and that some Iraqis who previously supported U.S. presence and actions in Iraq no longer do and may be more willing to support those who are involved in active resistance.

Conclusions

It is not evident to CPT that a transparent and efficient process for handling detainee issues, including full legal rights and representation for detainees, is fully in place at this time. Parts of the system have improved and CPT is encouraged by the improvements. We continue to urge the U.S.-led MNF-I that remains in charge of much of the Iraqi prison system to work towards full human rights for detainees and their families through a just and humane process in apprehension of suspects and their subsequent detention.