Sunday, April 5, 2009

Who Knew What at Guantanamo?

The Seton Hall Law Center for Policy and Research released report, Torture: Who Knew, last week concluding that top military brass were aware of detainee abuses at Guantanamo Bay and misled Congress about them.  The report:

A large number of Guantanamo detainees were abused repeatedly over a period of thirty (30) months, during which time senior FBI officials received many reports of abuse but delayed forwarding them to the Department of Defense.

At least five (5) generals were aware of these abuses: at least one general encouraged the abuses; one general (then Provost Marshall of the army) discarded rather than investigated reports of abuse; one general, after having been formally advised of the abuses, ordered only a very narrowly tailored investigation; and two generals assigned to perform that investigation ignored some of the worst abuses and affirmatively covered up reports of abuses that surfaced during the investigation.

According to the Seton Hall study, a DOD report of abuses sent from the FBI to DOD, the "Schmidt Report," was woefully incomplete and failed to include "the most significant abuses contained in the FBI referral."  General Schmidt, one of the authors, omitted the same information in his testimony to Congress, and subsequently the Schmidt Report "has been presented as a complete review and rebuttal of allegations of detainee abuse at Guantanamo Bay."

The Seton Hall report is based on reports to senior FBI officials and notes from the Schmidt-Furlow investigation (leading to the Schmidt Report)--"entirely upon statements made by Government agents"--received through FOIA requests.

The Seton Hall report came out just days after the Spanish national security court took the first steps to investigating high level Bush officials for establishing the legal framework to justify torture in violation of the Geneva Conventions and the Convention Against Torture.

Related: National Geographic Explorer will air its study of Guantanamo Bay, Inside Guantanamo, tonight, Sunday, April 5, at 8:00 Eastern.

SDS

http://lawprofessors.typepad.com/conlaw/2009/04/who-knew-what-at-guantanamo.html

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