Reidblog [The Reid Report blog]

BAGHDAD — Once a byword for torture and disgrace, the American-run detention system in Iraq has improved, even its critics say, as the military has incorporated it into a larger counterinsurgency strategy that seeks to avoid mistreatment that could create new enemies.

But these gains may soon be at risk. Thousands of detainees are to be turned over to the Iraqi government, some perhaps as early as the end of the year, a further step toward Iraqi sovereignty. Yet however tarnished America’s reputation may be for its treatment of detainees at Abu Ghraib and Guantánamo Bay, the reputation of many Iraqi prisons is worse.

“The Americans are better than Ministry of Interior prisons,” said Mahmoud Abu Dumour, a former detainee from Falluja, the Sunni stronghold west of Baghdad. “They will torture you. Maybe you will die. With the Americans, if you enter Abu Ghraib, they will only wage psychological war on you.”

Already, Human Rights Watch has criticized the military for transferring some convicted juveniles to Iraqi custody, where they are kept in what the group said are abusive conditions.

Criticism also remains high that the American military detains too many people, deprives them of due process and holds them too long, even if innocent. Many are taken in only because they were near an insurgent attack.

While nearly all of the more than 21,000 detainees in Iraq are in American custody, Maj. Gen. Douglas M. Stone, who runs detainee operations countrywide, is proceeding with a broad experiment to restructure it. His goal is to use the system of detention centers as another front in the counterinsurgency war, trying to reduce the likelihood that they become a recruiting ground for militants.

“The extremists owned the battlefield of the mind,” said General Stone, a Marine Reserve counterinsurgency expert who took responsibility for the detention system last spring. Before he arrived, moderate and extremist detainees were usually mixed, turning the American-run detention facilities into what he called a “jihadi university.”

General Stone’s goal now is to isolate those he believes are extremists, who are a minority of detainees, and persuade the other detainees that they will have better lives if they keep away from those who preach jihad. It is part of the effort to bring detention policy here in line with American military strategy that seeks to separate insurgents from civilians, mentally and physically.

General Stone’s goal is to move detainees, particularly more moderate ones, through the system faster by instituting review boards to hear each detainee’s case. So far, these boards have released at least 8,400 people. He has also pushed to expand paid work programs, like carpentry shops, brick factories and laundries, as well as educational programs, especially for juvenile detainees and the many illiterate adults.

It is difficult to assess this drive toward improvement. Outsiders are forbidden to interview detainees. The International Committee of the Red Cross has regular access to the facilities, but the United Nations and human rights groups say they have not been permitted to enter. ...

Looming on the horizon is the end of the United Nations authorization of the American involvement in Iraq, including the detention system. The authorization expires Dec. 31 and the United Nations is not expected to take up the issue again, leaving it to negotiations between the United States and Iraq. But the outlook for such a deal, which involves sweeping issues of troop withdrawal, as well as detention and other aspects of an American presence in Iraq, is in doubt.

On Sunday, for instance, the Iraqi government said it would not accept an American draft proposal on the issues.

The detention issues at play cover difficult legal and ethical ground, so much so that no American official interviewed for this article was willing to speak on the record about the discussions.

At the heart of the problem are all the so-called security detainees, who make up an overwhelming majority of the 21,000 people in American custody. They are the people who have been arrested because, in the judgment of the United States military, they could present some threat, even if they are not accused of extremist activity.

It is expected that Iraqi officials, who are now completing new prisons, will seek to take more control of detention operations, including taking custody of at least some of the current Iraqi detainees. That prompts the question characterized by one American military lawyer as “What do we do with the red population?” or those detainees the Americans consider to be extremists — the 8,000 detainees that General Stone referred to as a continuing threat.

Even as the Americans try to overcome their reputation for past mistreatment, serious allegations of torture and substandard conditions in some Iraqi prisons persist. Iraq’s Interior Ministry detention centers, which hold the largest numbers of pretrial detainees, have been run primarily by Shiites and have a record of overcrowding and abuse against the predominantly Sunni detainee population.

There have also been many allegations of torture. In cases in 2005 and 2006, it was American and British soldiers who rescued beaten and starved prisoners.

“If the coalition is going to turn over detainees, there are real Convention Against Torture issues,” said Kevin Lanigan, a former Army Reserve judge advocate in Iraq who is director of the law and security program at Human Rights First, a rights organization.

He was referring to the international Convention Against Torture, which among other things prohibits nations that have signed it from turning detainees over to countries where there are “substantial grounds” to believe that they would be tortured. Iraq has also signed the convention.

The United States is operating "floating prisons" to house those arrested in its war on terror, according to human rights lawyers, who claim there has been an attempt to conceal the numbers and whereabouts of detainees.

Details of ships where detainees have been held and sites allegedly being used in countries across the world have been compiled as the debate over detention without trial intensifies on both sides of the Atlantic. The US government was yesterday urged to list the names and whereabouts of all those detained.

Information about the operation of prison ships has emerged through a number of sources, including statements from the US military, the Council of Europe and related parliamentary bodies, and the testimonies of prisoners.

The analysis, due to be published this year by the human rights organisation Reprieve, also claims there have been more than 200 new cases of rendition since 2006, when President George Bush declared that the practice had stopped.

It is the use of ships to detain prisoners, however, that is raising fresh concern and demands for inquiries in Britain and the US.

According to research carried out by Reprieve, the US may have used as many as 17 ships as "floating prisons" since 2001. Detainees are interrogated aboard the vessels and then rendered to other, often undisclosed, locations, it is claimed.

Ships that are understood to have held prisoners include the USS Bataan and USS Peleliu. A further 15 ships are suspected of having operated around the British territory of Diego Garcia in the Indian Ocean, which has been used as a military base by the UK and the Americans.

Reprieve will raise particular concerns over the activities of the USS Ashland and the time it spent off Somalia in early 2007 conducting maritime security operations in an effort to capture al-Qaida terrorists.

At this time many people were abducted by Somali, Kenyan and Ethiopian forces in a systematic operation involving regular interrogations by individuals believed to be members of the FBI and CIA. Ultimately more than 100 individuals were "disappeared" to prisons in locations including Kenya, Somalia, Ethiopia, Djibouti and Guantánamo Bay.

Reprieve believes prisoners may have also been held for interrogation on the USS Ashland and other ships in the Gulf of Aden during this time. ...

Labels: Bush administration, Iraq, torture, U.S. military, war on terror, worst president ever