37

Behind the Wire

199 See Thailand PM Hambali Was Plotting, CBSNEWS.COM, Aug 16, 2003, at

http://www.cbsnews.com/stores/2003/08/17/attack/man568735.shtml (accessed Jan. 30, 2005) (reporting the detention of
Hambali, the alleged Bali bomber, by CIA and Thai authorities in Thailand and his subsequent transfer to an undisclosed loca-
tion after at least one day in U.S. custody in Thailand). Don Van Natta. Questioning Terror Suspects in a Dark and Surreal
World NY TIMES. Mar 9, 2003, at A1 (reporting the detention of Ramzi bin al-Shibh in a secret CIA facility in Thailand): Hu-
man Rights Watch, THE UNITED STATES' DISAPPEARED THE CIA'S LONG-TERM GHOST DETAINEES 31 (Oct 2004), avadable at
http://www how org/backgrounder/usa/us1004/us1004 pdf (accessed Jan 30, 2005), Saifullah Paracha is believed to have
been captured by US officials while flying from Karachi to Bangkok, Thailand

* News Release. Dept of Defense Defense Department Operational Update Briefing (July 14, 2004), available at
http://www.defenselink mil/transcripts/2004/4/20040714-1002 html (accessed Jan 21, 2005).

201 See, eg.. US STATE DEPARTMENT, COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES. SYRIA (2004), available at
http://www.state gov/g/drils/hrrpt/2004/41732 htm (accessed Mar 7, 2005): US STATE DEPARTMENT, COUNTRY REPORTS ON
HUMAN RIGHTS PRACTICES: SRI LANKA (2001), available at http://www.state.gov/r/pa/el/rs/c2671 htm (accessed Jan 20 2004)
(criticizing Sri Lanka for not closing all secret detention centers and for holding individuals for short periods of time in transit
locations for interrogation before transferring them to declared places of detention."). See also U.S. STATE DEPARTMENT,
COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES SRI LANKA (1993), available at http://www state gov/r/pa/eurs/c2671 htm
(accessed Jan. 20, 2004), US STATE DEPARTMENT, COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES. SRI LANKA (1994).
available at http://www.state.gov/r/pa/eris/c2671.htm (accessed Jan. 20, 2004).

202 Detroit Free Press v. Ashcroft, 303 F.3d 681, 683 (6th Cir. 2002)

203 International Covenant on Civil and Political Rights (ICCPR). Dec 16 1966 art 7.999 UNTS 171 (entered into force
Mar 23, 1976), available at http://www.unhchr.ch/html/menu3/b/a_ccpr htm (accessed Jan 20, 2005) (hereinafter ICCPR) ("No
one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment").

*UN Human Rights Comm. General Comment No 20, Replaces General Comment 7 Concerning Prohibition of Torture and
Cruel Treatment or Punishment (Art. 7), at ¶ 11, UN Doc HRIGEN 1 Rev 1 at 30 (1994), available at

http://www.unhchr.ch/tbs/doc nsf/(Symbol)/6924291970754969c12563ed004c8ae5?Opendocument (accessed Jan. 20, 2005) [hereinafter ICCPR General Comment 20).

20 Estrella V Uruguay, Comm No 74/1980, UN GAOR Hum Rts. Comm, 18th Sess, UN Doc CCPR/C/18/D/74/1980
(1980). at 9.2. (the HRC held that "prisoners should be allowed under necessary supervision to communicate with their family
and reputable friends at regular intervals, by correspondence as well as by rece ving mail.")
27 ICCPR General Comment 20, supra note 204, at ¶ 11

El-Megreisi v. Libya, Comm No 440/1990, UN GAOR Hum Rts Comm, 50 Sess, UN. Doc CCPR/C/50/D/440/1990
(1994) ICCPR, supra note 203. at arts. 7, 10. Paragraph 1 of Article 10 reads. "All persons deprived of their liberty shall be
treated with humanity and with respect for the inherent dignity of the human person." The HRC has also held that incommuni-
cado detention of longer than eight months amounts to inhumane treatment that breaches Article 7. Shaw v. Jamaica, Comm
No 704/1996, UN GAOR Hum Rts Comm, 62 Sess, UN Doc CCPR/C/62/D/704/1996 (1998)

209 Likewise, the HRC has found that because the state had failed to take disclosure measures that would have prevented the
disappearance of the victim, the Comm, would assume a strong likelihood that torture or -treatment had occurred. The State
party has not denied that Rafael Mojica (a) has in fact disappeared and remains unaccounted for and (b) that his disap
pearance was caused by individuals belonging to the Government's security forces Mojica v Dominican Republic, Comm
No. 449/1991. UN GAOR Hum. Rts. Comm.. 51 Sess, UN Doc CCPR/C/51/D/449/1991 (1994), at ¶ 5 6
210 On April 7, 2003. W. Hays Parks. Special Assistant to the Army JAG. remarked: "We are providing and will continue to
provide captured Iraqi combatants with the protections of the Geneva conventions and other pertinent international laws. In
addition, arrangements are in place to allow for representatives from the International Committee of the Red Cross to met [sic]
with Traqi prisoners of war News Transcript, Dep't of Defense, Briefing on Geneva Convention, EPWS and War Crimes (Apr.
7, 2003), available at http://www defense link miltranscripts/2003/04072003_1407genv html (accessed Jan 20, 2005) More
recently, during a background briefing, a senior military official reiterated the applicability of the Conventions From the very
beginning of the conflict, the Geneva Conventions have been fully applicable. There's never been any dispute about that.
never any doubt. News Transcript. Dep't of Defense, Defense Department Background Briefing (May 14, 2004), available at
http://www.defenselink.mil/transcripts/2004/tr20040514-0752.html (accessed Jan. 20, 2005).

211 Letter from Colin Powell, supra note 99

212

In September 2003, Brig. Gen Karpinski said that the United States was holding thousands of prisoners in Iraq who did not "fit into any category, and that "We got an order from the secretary of defence (Donald Rumsfeld) to categorise them. As a result, the label of security detainee was created. US Holding 4,000 Extra Detainees, AGENCE FRANCE-PRESSE, Sept 16, 2003, available at http #dawn com/2003/09/17/nt6 htm (accessed Jan 15, 2005) According to the AFP, "Asked if they had any rights or had access to their families or legal help while they were being 'secured, she said. It's not that they don't have rights They have fewer rights than EPWS (enemy prisoners of war) id

213 News Briefing. Dep't of Defense, Secretary Rumsfeld and Gen. Myers (Jan. 11, 2002), available at
http://www.defenselink.mil/transcripts/2002/101112002_10111sd.html (accessed Jan. 15, 2005).
214 David E. Sanger, Prisoners Straddle an Ideological Chasm, N.Y TIMES, Jan 27, 2002, at A16.

36-Endnotes

177 Petition for Writ of Habeas Corpus, Al-Marri v Hanft, No. 04 Civ. 2257 ¶¶ 20-29(D.SC. flied July 8, 2004), avaliable at http://www.scd uscourts.gov/Noteworthy/AlMarri/docket.asp (accessed Jan. 21, 2005).

178 Hamdi v. Rumsfeld, 124 S.Ct. 2633. 2639 (2004).

170 Padilla, 124 S.Ct. at 2714

150 See Petition for Writ of Habeas Corpus, Al-Marri v Han. No. 04 Civ. 2257 (D.S.C. filed July 8, 2004), available at http://www.scd.uscourts.gov/Noteworthy/AlMarr/docket.asp (accessed Jan 21, 2005)

161 Padilla v Hanft, No 2:04-2221-26AJ (S.C. Feb. 28, 2005)

182 Hamdi v Rumsfeld, 124 S Ct 2633, 2634(2004) (O'Connor J, plurality).

163 Settlement Agreement. Hamdi v Rumsfeld, September 17, 2004. 10, available at

http://news.findlaw.com/hdocs/docs/hamdi/91704stlagrmnt3.html (accessed Jan. 21, 2005) (hereinafter Settlement Agree

185 Stevenson Swanson, Padilla Gets to Talk with His Lawyers, CHICAGO TRIB., Mar. 4, 2004, at 1; Jerry Markon. Terror Suspect. Attomeys Meet for 1st Time, WASH POST, Feb. 4, 2004, at 83

156 Petition for Writ of Habeas Corpus, Padilla v. Hanft. No. 04 Civ 2221, ¶ 14 (D.S.C. filed July 2, 2004), available at http://www scd uscourts gov/Padilla/docket asp (accessed Jan, 21, 2005)

17E-mail from Andrew Patel, Lawyer for Jose Padilla, to Human Rights First (June 11, 2004, 1050 EST) [hereinafter Email from Patell, E-mail from Mark Berman, Lawyer for Ali Saleh Kahleh Al-Marri, Gibbons Del Deo, to Priti Patel, Human Rights First (Nov 1, 2004, 16:04 EST) (hereinafter Email from Berman].

***Petition for Writ of Habeas Corpus, Al-Marri v Hanft, No 04 Civ. 2257, 15 (D.S.C. filed July 8, 2004), available at http://www.sod.uscourts.gov/Noteworthy/A Marri/docket.asp (accessed Jan. 21, 2005); Memorandum in Support of Motion for Unmonitored Attomey-Client Meetings and Correspondence Between Petitioner and Counsel, Al-Marri v Hanft, No. 04 Civ 2257, 2 (D.S.C. filed Oct. 28, 2004), available at http://www.sod.uscourts.gov/Noteworthy/AlMarr/docket.asp (accessed Jan. 21, 2005)

18 Email from Berman, supra note 187.

Memorandum in Support of Motion for Unmonitored Attorney-Client Meetings and Correspondence Between Petitioner and Counsel, Al-Marri v Hanft, No. 04 Civ. 2257, 2 (D.S.C. filed Oct. 28, 2004), available at http://www.scd.uscourts.gov/Noteworthy/A Marr/docket.asp (accessed Jan. 21, 2005).

***Email from Patel, supra note 187, E-mail from Berman, supra note 187

192 E-mail from Patel, supra note 187, E-mail from Mark Berman, Lawyer for All Saleh Kahleh Al Marri. Gibbons Del Deo to Priti Patel, Human Rights First (June 11, 2004, 11 21 EST)

193 Email from Patel, supra note 187: E-mail from Mark Berman. Lawyer for Ali Saleh Kahleh Al Marri, Gibbons Del Deo to Priti Patel, Human Rights First (June 11, 2004, 1121 EST)

Gadi Dechter. Britain: No U.S. interrogations on Our Soil. UPI, May 19, 2004, available at LEXIS, News Library: Hansard Parliamentary Debates, Jan 8, 2003, Col 1020, available at http://www parliament the-stationery

office co.uk/pa/id1999001dhansrd/pdvn/lds03/text/30108-04.htm (accessed Jan 21, 2005): Hansard Parliamentary Debates, March 3, 2003, Col 603, available at http://www publications parliament uk/pa/cm200203/cmhansrd/vo030303/debtext/3030311.htm#30303-11_spnew0 (accessed Jan 21, 2005); Dana Priest and Barton Gellman, U.S. Decries Abuse but Defends Interrogabons. "Stress and Duress' Tactics Used on Terronsm Suspects Held in Secret Overseas Faolites, WASH. POST, Dec. 26 2002, at A1, Mark Seddon, Is There Another Guantanamo Bay on British Soil, INDEPENDENT (LONDON), Dec. 13, 2003, at 21, Dana Priest. Long-Term Plan Sought For Terror Suspects, WASH, POST. Jan. 2. 2005, at A1.

***See generally, ENDING SECRET DETENTIONS, supra note 165, Trista Talton, Marines Finish Mission Wait For Next Assignment, MORNING STAR (Wilmington, NC), Jan 3, 2002, at SA, Krista Hughes and Denis Peters, Ausse Al-Qaeda Fighter Moved To Another Ship, DAILY TELEGRAPH (AUS), Jan 3, 2002, at 11; Government's Opposition to Defendant's Motion to Compel Discovery of Documents in Camera, U.S. v Lindh, No. 02 Crim. 37A. (E.D.Va. filed Mar. 29, 2002), available at http://news.findlaw.com/cnn/docs/terrorism/us032902opp2licmot.pdf (accessed Jan, 21, 2005), Grant Holloway, Australia to Question al Qaeda Fighter, CNN COM. Dec 19, 2001, available at

http://archives.cnn.com/2001/WORLD/asiapel/auspac/12/19/aust talbandit20.12/ (accessed Jan 21, 2005), Australian Taliban Fighter Handed Over to US Military Forces in Afghanistan, Assoc. PRESS, Dec 17, 2001, available at http://multimedia belointeractive.com/attack/military/1217australia.html (accessed Jan. 21, 2005), Hicks Ship Docks in Fremantle On Rest Visit, AAP NEWSFEED, Jan. 27, 2002, available at LEXIS, News Library, Walker Arrives in US To Face Charges Thursday, CNN.COM, Jan. 23, 2002, available at http://www.cnn.com/2002/US/01/23/ret.walker.transfer/ (accessed Jan. 21 2005). Dana Priest. Long-Term Plan Sought For Terror Suspects, WASH. POST, Jan. 2, 2005, at A1 ENDING SECRET DETENTIONS, supra note 165, at 17.

**Expeditionary Strike Force One, US Naval Special Operations Command Office of Public Affairs, supra note 5 ***Priest and Higham, supra note 11.

37

Behind the Wire

See Thailand PM Hambali Was Plotting, CBSNEWS.COM, Aug. 16, 2003, at

http://www.cbsnews.com/stories/2003/08/17/attack/main568735.shtml (accessed Jan. 30, 2005) (reporting the detention of
Hambali, the alleged Bali bomber, by CIA and Thai authorities in Thailand and his subsequent transfer to an undisclosed loca-
tion after at least one day in U.S. custody in Thailand). Don Van Natta. Questioning Terror Suspects in a Dark and Surreal
World, N.Y. TIMES, Mar 9, 2003, at A1 (reporting the detention of Ramzi bin al-Shibh in a secret CIA facility in Thailand): Hu-
man Rights Watch, THE UNITED STATES' DISAPPEARED THE CIA'S LONG-TERM GHOST DETAINEES 31 (Oct. 2004), available at
http://www.hrw.org/backgrounder/usa/us1004/us1004.pdf (accessed Jan 30, 2005), Saifullah Paracha is believed to have
been captured by U.S. officials while flying from Karachi to Bangkok, Thailand

**News Release, Dep't of Defense Defense Department Operational Update Briefing (July 14, 2004), available at
http://www.defenselink mil/transcripts/2004/tr20040714-1002 html (accessed Jan 21, 2005).

201 See, e.g.. U.S. STATE DEPARTMENT, COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES SYRIA (2004), available at
http://www.state gov/g/drl/rts/hrrpt/2004/41732.htm (accessed Mar 7, 2005); US STATE DEPARTMENT COUNTRY REPORTS ON
HUMAN RIGHTS PRACTICES: SRI LANKA (2001), available at http://www.state.gov/r/pa/et/rs/c2671.htm (accessed Jan. 20. 2004)
(criticizing Sri Lanka for not closing all secret detention centers and for holding individuals for short periods of time in transit
locations for interrogation before transferring them to declared places of detention."), See also U.S. STATE DEPARTMENT,
COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES SRILANKA (1993), available at http //www. state gov/r/pa/eurs/c2671 htm
(accessed Jan. 20, 2004), US STATE DEPARTMENT, COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES SRI LANKA (1994),
available at http://www.state.gov/r/pa/ei/ris/c2671.htm (accessed Jan, 20, 2004).

202 Detroit Free Press v. Ashcroft, 303 F.3d 681, 683 (6th Cir. 2002).

203 International Covenant on Civil and Political Rights (ICCPR), Dec 16. 1966, art 7.999 UNTS 171 (entered into force
Mar 23, 1976), available at http//www.unhchr.ch/html/menu3/b/a ccpr.htm (accessed Jan 20, 2005) (hereinafter ICCPR) ("No
one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.").

UN Human Rights Comm, General Comment No 20, Replaces General Comment 7 Concerning Prohibition of Torture and Cruel Treatment or Punishment (Art. 7). at ¶ 11. UN Doc HRIGEN 1 Rev 1 at 30 (1994), available at http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/6924291970754969c12563ed004c8ae5? Opendocument (accessed Jan 20, 2005) [hereinafter ICCPR General Comment 20).

20% Estrella V Uruguay, Comm No. 74/1980, UN GAOR Hum Rts. Comm, 18th Sess, UN Doc CCPR/C/18/0/74/1980
(1980). at 9.2, (the HRC held that "prisoners should be allowed under necessary supervision to communicate with their family
and reputable friends at regular intervals, by correspondence as well as by receiving mail")

207 ICCPR General Comment 20, supra note 204, at 11.

208 El-Megressi v. Libya, Comm. No 440/1990, U.N. GAOR Hum Rts Comm, 50 Sess UN Doc CCPR/C/50/D/440/1990
(1994): ICCPR, supra note 203. at arts. 7. 10. Paragraph 1 of Article 10 reads. "All persons deprived of their liberty shall be
treated with humanity and with respect for the inherent dignity of the human person." The HRC has also held that incommuni-
cado detention of longer than eight months amounts to inhumane treatment that breaches Article 7. Shaw v. Jamaica, Comm
No. 704/1996, UN GAOR Hum. Rts Comm, 62 Sess, UN Doc CCPR/C/62/D/704/1996 (1998)

20 Likewise, the HRC has found that because the state had failed to take disclosure measures that would have prevented the
disappearance of the victim, the Comm. would assume a strong likelihood that torture or treatment had occurred. "The State
party has not denied that Rafael Mojica (a) has in fact disappeared and remains unaccounted for and (b) that his disap
pearance was caused by Individuals belonging to the Government's security forces" Mojica v. Dominican Republic, Comm
No. 449/1991, U.N. GAOR Hum. Rts. Comm., 51 Sess., UN Doc CCPR/C/51/D/449/1991 (1994), at ¶56

210

On April 7, 2003. W. Hays Parks, Special Assistant to the Army JAG, remarked: "We are providing and will continue to provide captured Iraqi combatants with the protections of the Geneva conventions and other pertinent international laws. In addition, arrangements are in place to allow for representatives from the International Committee of the Red Cross to met [sic] with Iraqi prisoners of war. News Transcript, Dep't of Defense, Briefing on Geneva Convention, EPWS and War Crimes (Apr. 7, 2003), available at http://www.defenselink mitranscripts/2003/04072003_1407genv html (accessed Jan 20, 2005) More recently, during a background briefing, a senior military official reiterated the applicability of the Conventions. "From the very beginning of the conflict, the Geneva Conventions have been fully applicable. There's never been any dispute about that. never any doubl. News Transcript. Dep't of Defense, Defense Department Background Briefing (May 14, 2004), available at http://www.defenselink.mil/transcripts/2004/tr20040514-0752.html (accessed Jan. 20, 2005).

211 Letter from Colin Powell, supra note 99

212 in September 2003, Brig. Gen. Karpinski said that the United States was holding thousands of prisoners in Iraq who did not
"fit into any category," and that "We got an order from the secretary of defence (Donald Rumsfeld) to categorise" them. As a
result, the label of "security detainee was created. US. Holding 4,000 Extra Detainees, AGENCE FRANCE-PRESSE, Sept. 16,
2003, available at http //dawn com/2003/09/17Ant6 htm (accessed Jan 15, 2005) According to the AFP, "Asked if they had
any rights or had access to their families or legal help while they were being 'secured.' she said: 'It's not that they don't have
rights They have fewer rights than EPWS (enemy prisoners of war) id

213 News Briefing, Dep't of Defense, Secretary Rumsfeld and Gen. Myers (Jan. 11, 2002), available at
http://www.defenselink.mil/transcripts/2002/101112002_10111sd.html (accessed Jan. 15, 2005).
214 David E. Sanger, Prisoners Straddle an ideological Chasm, NY TIMES, Jan 27, 2002, at A16.

A

Pinhanay slamabad, Bush Says Geneva Conventions Applies to Taliban not al-Qaida (Feb 8, 2002), pray da'e gov/slamabad/wwwh02020803.html (accessed Jan. 20, 2005).

cament en supra note 151, at art. 70.

ton, supra note 84, at art. 106

OF AUG 12, 1949 COMMENTARY IV GENEVA CONVENTION 446-47 (Jean Pictet ed. 1994)

Carenton, supra note 151, at art. 70 (emphasis added)

we note 111, at § 1.1.9. (discussing the US government's failure to adequately maintain the system

Carvention, supra note 151. art. 143.

CATANGENTIONS OF AUG 12, 1949 COMMENTARY III GENEVA CONVENTION 583 (Jean Pictet ed. 1994). date (rective No. 2310.1. Department of Defense Program for Enemy Prisoners of War and Other Detainees velable at http://www.dtic mil/whs/directives/corres/text/d23101p bdt (accessed Jan 20, 2005).

198x^3 474 The Secretary is also required to report to the Defense Secretary, the Chairman of the Joint Chiefs of 18 Gevernment Agencies, and the CRC on compliance with the Geneva Conventions. Id. at § 4.2.5.

kud Carava Convention, supra note 151. at art. 122

ese Drective No 23101, supra note 223, at § 42 4

Any Reguva note 66, at § 1-7

ner of War information Center (NWPIC), JUDGE ADVOC NEWSL (Staff Judge Advoc, Washington DC ) Dec

me mil/newsletter/2001/12 01/12_01 htm#NATIONAL%20PRISONER%20OF%20WAR%20INFORMATION

** ENTER %20 (accessed Jar 20, 2005)

yewe teking. Dept of Defense. Geneva Convention EPWS and War Crimes (Apr. 7. 2003), avaliable at www.defense ink.ml/advisores/2003/04062003_p028-03 html (accessed Jan. 20, 2005).

A REPORT. supra note 104

INGER REPORT, Supra note 8, at 29

*GRIFORT, supra note 20 at 30

News Transcript. Dep't of Defense Special Defense Department Briefing on the International Committee of The Red foe's Report on Detainees (July 16, 2004), available at http://www.defenselink.mil/transcripts/2004/20040716-1005 html essed Jan 21, 2005)

Matthew Waxman. Deputy Assistant Secy for Detainee Affairs, Remarks at OSCE Human Rights Implementation Meeting (00: 5, 2004), avalable at hip Jerww.usose.rpo at archive/2004/10/Treatment_of_Detainees_HDIM_2004 pdf (accessed

Dec 10.2004)

Dept of the Army Field Manual - Interm 3.07 22 Counterinsurgency Operations, 1-4 (Oct 2004), available at www.as.org/rp/doddrammy fm3-07-22 pdf (accessed Jan 20, 2005) [hereinafter Field Manual-Interim].

Ronald W. Reagan National Defense Authonzation Act, Pub. L. No. 108-375, § 1092, 118 Stat. 2069-70 (2004).

id at § 1093/C, 8 Stal 2017

204 Dep? of the Amry Feld Marua 27-10 The Law of Land Warfare 3-18. 207 (1956), available at www.ramy org secure the AP-27-10-Military-Justice pdf (accessed Jan 20, 2005)

240 Dept of the Navy Nava Nerare Publication 1-14M The Commander's Handbook on the Law of Naval Operations 6.2.1 1995 avalabre af hcp-www.cpl navy mil/pages/legal/NWP%201-14/NWP1-14%20COVER.htm (accessed Jan. 5. 2005). 3d at 622

supra rete 52 ENCURING FREEDOM REPORT, supra, note 11, Interview with the Wife of Shaker AbdurPareer area at Suarcar amc available at http://www.cageprisoners.com/interviews.php?aid=1410: Interview by

39

Behind the Wre

http://www.cageprisoners.com/interviews php?aid=125, Interview by CagePrisoners with Maha Habib, wife of Guantanamo
detainee, avaš able at http://www.cageprisoners.com/interviews.php?aid=1948, Human Rights First, ASSESSING THE NEW
NORMAL LIBERTY AND SECURITY FOR THE POST-SEPTEMBER 11 UNITED STATES (2003) available at
http://www.humanrightsfirst.org/us_law/loss/assessing/assessingnewnormal htm, ICRC Iraq Report, supra note 10. Report of
High Commissioner The Present Situation of Human Rights in Iraq (advanced edited version). Submission from the United
States of America Treatment of Persons in Detention in Iraq, Annex II, avariable at

http://www.unhchr.ch/html/hchr/docs/annext doc, Hannah Allam, Missing iraqis Believed to be Lost in Abu Ghraib Prison,
KNIGHT RIDDER, June 11, 2004 Interview with CIA Public Affairs Officer (June 11, 2004), Interview with Duty Officer, DOD
Press Office (June 11, 2004). Interview with Molly Hale, CIA Public Affairs Officer (June 11, 2004).

250 Fourth Geneva Convention, supra note 84, at art 143; ICCPR, supra note 203, at art 9; ENDURING FREEDOM REPORT.
supra note 11. at 51: Red Cross Statement, supra note 5: Salahuddin, supra note 37. TAGUBA REPORT, supra, note 104 (stal-
ing the "320th MP Battalion held a handful of ghost detainees that they moved around within the facility to hide them from a
visiting International Committee of the Red Cross (ICRC) survey team."),

THE GENEVA CONVENTIONS OF AUG. 12, 1949 COMMENTARY IV GENEVA CONVENTION 51 (Jean Pictet ed. 1994); ses also
Third Geneva Convention, supra note 151, at art. 82, ICCPR, supra note 203, at arts 9, 14

252 NIGEL S RODLEY, THE TREATMENT OF PRISONERS UNDER INTERNATIONAL LAW 244 (2nd ed. Oxford 1999)

Body of Principles for the Protection of All Persons Under Any Form of Detention or Imprisonment (Principle 16), GA. Res. 43/173, UN GAOR. 43d Sess, Annex. Supp No 49. UN Doc. A/43/49 (1988), available at

http://www.un.org/documents/ga/res/43/a43r173.htm (accessed Jan 21 2005), Standard Minimum Rules for the Treatment of
Prisoners UN Doc A/CONF/611, annex 1, E S.C Res 663C (XXIV) (July 31, 1957), UN ESCOR Supp No 1, at 11. UN
Doc E/3048 (1957), amended by ESC Res. 2076, (LXII) (May 13, 1977), UN ESCOR Supp. No 1, at 35, UN Doc. E/5988
(1977), available at http //www unhchr.ch/html/menu3/b/h_comp34.htm (accessed Jan 21, 2005)

UN Body of Principles, supra note 253, at principle 12, Standard Minimum Rules, supra note 253, at rules 4, 7, 95.
Amnesty Int'l, DISAPPEARANCES AND POLITICAL KILLINGS: HUMAN RIGHTS CRISES OF THE 1990s 16 (1994).
20 Id

See ICRC Iraq Report, supra note 111. TAGUBA REPORT, supra note 104 DAIG REPORT, supra note 20: FAY REPORT, supra note 1, SCHLESINGER REPORT, Supra note 8. See also Third Geneva Convention, supra note 151, at arts 13, 14, 17, 87, 121, 130: Fourth Geneva Convention, supra note 84, at arts 5. 27, 31, 32, 33, 147: ICCPR, supra note 203, at arts 4, 7, 10: Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, G A Res 39/46, Annex, U.N. GAOR Supp. No. 51, at 197, U N. Doc. A/39/51 (1984), at art 1, 16

Seth Hettena, 130 Troops Pumshed or Charged in Abuse, ASSOC PRESS, Dec 16, 2004, available at http://www.boston.com/news/world/articles/2004/12/16/130_troops_punished_or_charged_in_abuse/?rss_id=Boston%20Globe %20-%20World%20News (accessed Jan 19, 2005), Suzanne Goldenberg, US to Try 20 More Troops for Iraq Abuse, THE GUARDIAN, Jan 17, 2005. available at http://www.guardian.co.uk/iraq/Story/0.2763.1392087,00.html (accessed Jan 19, 2005). Carol Rosenberg. U.S. Examines F.BI. Charges of Prison Abuse, MIAMI HERALD, Jan. 15, 2005, available at http://www.miami.com/mid/miamiherald/news/10650909 ntm21c (accessed Jan. 19, 2005). Thom Shanker, Army Says Up to 28 GI's Could Face Afghan Abuse Charges, NY TIMES, Oct 14, 2004, at A1

Josh White and John Mintz. Red Cross Cites Inhumane Treatment at Guantanamo, WASH. POST. Dec. 1. 2004, at A10.

ACLU, Records Released in Response to Torture FOIA Request, available at http://www.adu.org/torturefola/released/ (accessed Jan. 19, 2005), Neil A. Lewis, Iraq Prisoner Abuse Reported After Abu Ghrab Scandal, NY TIMES, Dec. 8, 2004, at A12.

See Human Rights First. GETTING TO GROUND TRUTH (Sept 2004), available at

http://www.humanrightsfirst org/us_law/PDF/detainees/Getting_to_Ground_Truth_090804 pdf (accessed Jan 19, 2005); see also Steven Lee Myers and Eric Schmitt, Wide Gaps Seen in US inquines on Prison Abuse, NY TIMES, June 6, 2004, available at http://www.nytimes.com/2004/06/06/international/middleeast/06ABUS.html?hp=&pagewanted=all&position (accessed Jan 21, 2005).

Carlotta Gall, US Military Investigating Death of Afghan in Custody, NY TIMES, Mar 4, 2003, at A14

**Army Completes investigations of Deaths at Bagram and Forwards to Respective Commanders for Action, ARMY NEWS
SERVICE, Oct 14, 2004, available at http://www.globaisecurity.org/military/library/news/2004/10/mil-041014-arnews01.htm
(accessed Jan 20, 2005).

Sgt James P Boland, a military police reservist from the 377 MP Company, was charged Aug 23 with Sgt James P
Boland a military police reservist from the 377 MP Company, was charged Aug 23 with assault and dereliction of duty for the
death of the two Afghan men in Bagram Reservist Charged in Afghan Prison Abuse Case, MSNBC, Sept. 1, 2004, available af
http://www.msnbc msn.com/id/5888743 (accessed Jan 21, 2005) David Passaro, an ex-CIA contractor has been charged for
the death of Abdul Wail at a detention center in Asadabad in the Eastern District of Virginia Curt Anderson, CIA Contractor
Charged With Prisoner Abuse, ASSOC PRESS. June 17, 2004, available at http://www.washingtonpost.com/wp-
dyn/articles/A49344-2004Jun 17 html (accessed Jan. 20, 2005) Eise Ackerman, 2 Reservists Face Punishmentsin Detainee's
Deaths KNIGHT RIDDER, Mar. 7, 2005, available at http://www.sunherald.com/mid/sunherald/news/nation/11074621.htm (ac-
cessed Mar 7, 2005).

**GETTING TO GROUND TRUTH, supra note 262, at 10-12.