No Comment — May 7, 2009, 4:25 pm

The Bush Era Torture-Homicides

In a recent television appearance, one of the nation’s foremost retired military leaders, General Barry McCaffrey, said: “We should never, as a policy, maltreat people under our control, detainees. We tortured people unmercifully. We probably murdered dozens of them during the course of that, both the armed forces and the C.I.A.” The fact of dozens of homicides is frankly acknowledged in discussions with military and intelligence experts, but the press seems to regard the subject as taboo.

Writing at the Daily Beast, John Sifton takes us on a tour of the deaths that resulted from the Bush Administration’s torture policies. The Bush Justice Department knew about these homicides and did nothing. Here’s one that resulted from a formally approved practice that Capt. Ian Fishback described as “smoking a PUC,” a person under control, or prisoner:

in December 2003, a 44-year-old Iraqi man named Abu Malik Kenami died in a U.S. detention facility in Mosul, Iraq. As reported by Human Rights First, U.S. military personnel who examined Kenami when he first arrived at the facility determined that he had no preexisting medical conditions. Once in custody, as a disciplinary measure for talking, Kenami was forced to perform extreme amounts of exercise—a technique used across Afghanistan and Iraq. Then his hands were bound behind his back with plastic handcuffs, he was hooded, and forced to lie in an overcrowded cell. Kenami was found dead the morning after his arrest, still bound and hooded. No autopsy was conducted; no official cause of death was determined. After the Abu Ghraib scandal, a review of Kenami’s death was launched, and Army reviewers criticized the initial criminal investigation for failing to conduct an autopsy; interview interrogators, medics, or detainees present at the scene of the death; and collect physical evidence. To date, however, the Army has taken no known action in the case.

This is one of dozens of such cases, involving both the military and the CIA. Many of them have been referred to the Justice Department for prosecution, but no prosecution ever results. Here’s a telling encounter, which is much like the response I’ve gotten when pressing to know what has happened with these cases:

In April 2006, a colleague of mine at Human Rights Watch and I met with Department of Justice criminal-division officials and requested information and updates on this case and several others. Justice officials were familiar with these cases, but our pleas for information were rejected…

The bottom line is that many detainee homicides in Iraq and Afghanistan were the direct result of approval and orders from the highest levels of government, and that high officials in the government are accomplices. Any meaningful investigation of those homicides would reveal the initial authorizations and their link to the homicides. Homicide presents legal issues impossible to ignore. Attorney General Eric Holder and the Department of Justice cannot conclude their deliberations about Bush-era torture policies without closely investigating the homicide cases tied to them. One cannot speak glibly of “policy differences” and “looking forward” and “distraction” when corpses are involved.

Share
Single Page

More from Scott Horton:

Six Questions October 18, 2014, 8:00 pm

The APA Grapples with Its Torture Demons: Six Questions for Nathaniel Raymond

Nathaniel Raymond on CIA interrogation techniques.

No Comment, Six Questions June 4, 2014, 8:00 am

Uncovering the Cover Ups: Death Camp in Delta

Mark Denbeaux on the NCIS cover-up of three “suicides” at Guantánamo Bay Detention Camp

From the June 2014 issue

The Guantánamo “Suicides,” Revisited

A missing document suggests a possible CIA cover-up

Get access to 164 years of
Harper’s for only $39.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

November 2014

Stop Hillary!

= Subscribers only.
Sign in here.
Subscribe here.

How the Islamic State was Won

= Subscribers only.
Sign in here.
Subscribe here.

Cage Wars

= Subscribers only.
Sign in here.
Subscribe here.

Everyday Grace

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
Stop Hillary!·

= Subscribers only.
Sign in here.
Subscribe here.

"What Hillary will deliver, then, is more of the same. And that shouldn’t surprise us."
Photograph by Joe Raedle
Article
Cage Wars·

= Subscribers only.
Sign in here.
Subscribe here.

"In the 1970s, “Chickens’ Lib” was a handful of women in flower-print dresses holding signs, but in the past decade farm hens have become almost a national preoccupation."
Photograph by Adam Dickerson/Big Dutchman USA, courtesy Vande Bunte Farms
Article
Paradise Lost·

= Subscribers only.
Sign in here.
Subscribe here.

"Suffering Sappho! Here we still are, marching right into yet another century with our glass ceilings, unequal pay, unresolved work and child-care balance, and still marrying, forever marrying, men."
Illustration by Anthony Lister
Article
Off the Land·

= Subscribers only.
Sign in here.
Subscribe here.

"Nearly half the reservation lives below the poverty line, with unemployment as high as 60 percent, little to no infrastructure, few entitlements, a safety net that never was, no industry to speak of, and a housing crisis that has been dire not for five years but since the reservation’s founding in 1855."
Illustration by Stan Fellows
Post
Introducing the November 2014 Issue·

= Subscribers only.
Sign in here.
Subscribe here.

Doug Henwood on stopping Hillary Clinton, fighters and potential recruits discuss the rise of the Islamic State, the inevitability of factory farming, and more

Cover photo by Reuters/Jonathan Ernst

Number of countries thought to possess chemical weapons:

14–16

Placebos are more effective if the drugs for which they stand in are said to be more expensive.

In Torrance, California, an African grey parrot named Nigel, who once spoke English with a British accent and had returned home after a four-year absence, began asking for someone named “Larry” and speaking Spanish.

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

In Praise of Idleness

By

I hope that after reading the following pages the leaders of the Y. M. C. A. will start a campaign to induce good young men to do nothing. If so, I shall not have lived in vain.

Subscribe Today