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ALLEGATIONS OF MISTREATMENT OF IRAQI

PRISONERS

TUESDAY, MAY 11, 2004

U.S. SENATE,

COMMITTEE ON ARMED SERVICES,

Washington, DC.

The committee met, pursuant to notice, at 9:36 a.m. in room SD106, Dirksen Senate Office Building, Senator John Warner (chairman) presiding.

Committee members present: Senators Warner, McCain, Inhofe, Roberts, Allard, Sessions, Collins, Ensign, Talent, Chambliss, Graham, Cornyn, Levin, Kennedy, Byrd, Lieberman, Reed, Akaka, Bill Nelson, E. Benjamin Nelson, Dayton, Bayh, and Clinton.

Majority staff members present: Charles W. Alsup, professional staff member; Gregory T. Kiley, professional staff member; Lucian L. Niemeyer, professional staff member; Paula J. Philbin, professional staff member; Lynn F. Rusten, professional staff member; Scott W. Stucky, general counsel; Diana G. Tabler, professional staff member; and Richard F. Walsh, counsel.

Minority staff members present: Richard D. DeBobes, Democratic staff director; Daniel J. Cox, Jr., professional staff member; Evelyn N. Farkas, professional staff member; Jeremy L. Hekhuis, professional staff member; Gerald J. Leeling, minority counsel; Peter K. Levine, minority counsel; William G.P. Monahan, minority counsel; and Arun A. Seraphin, professional staff member.

Staff assistants present: Michael N. Berger, Andrew W. Florell, and Bridget E. Ward.

Committee members' assistants present: Cord Sterling, assistant to Senator Warner; Christopher J. Paul, assistant to Senator McCain; John A. Bonsell, assistant to Senator Inhofe; Lance Landry, assistant to Senator Allard; Arch Galloway II, assistant to Senator Sessions; Dirk J. Maurer, assistant to Senator Collins; D'Arcy Grisier, assistant to Senator Ensign; Lindsey R. Neas, assistant to Senator Talent; Clyde A. Taylor IV, assistant to Senator Chambliss; Meredith Moseley, assistant to Senator Graham; Christine O. Hill, assistant to Senator Dole; Russell J. Thomasson, assistant to Senator Cornyn; Mieke Y. Eoyang, assistant to Senator Kennedy; Frederick M. Downey, assistant to Senator Lieberman; Elizabeth King, assistant to Senator Reed; Davelyn Noelani Kalipi and Richard Kessler, assistants to Senator Akaka; William K. Sutey, assistant to Senator Bill Nelson; Eric Pierce, assistant to Senator Ben Nelson; Rashid Hallaway, assistant to Senator Bayh; and Andrew Shapiro, assistant to Senator Clinton.

OPENING STATEMENT OF SENATOR JOHN WARNER,

CHAIRMAN

Chairman WARNER. The committee meets today for the second of a series of hearings regarding the mistreatment of Iraqi prisoners by some elements, and certain personnel, few in number, I hope, of the Armed Forces, in violation of United States and international law.

Testifying before us today is Major General Antonio M. Taguba, U.S. Army, Deputy Commanding General for Support, Coalition Forces Land Component Command (CFLCC).

On January 31, 2004, General Taguba was appointed by General Sanchez, Commander, Combined Joint Task Force-7 (CJTF-7), to conduct a Procedure-15 investigation into allegations of prisoner abuse at the Abu Ghraib prison. General Taguba's report was received by this committee on Tuesday, May 4, and its related annexes were received yesterday, May 10. As members know, they are in the possession of the committee, and members and staff worked on those reports until very late last night.

Joining General Taguba are Lieutenant General Lance L. Smith, U.S. Air Force, Deputy Commander of Central Command (CENTCOM); and Dr. Stephen A. Cambone, Under Secretary of Defense for Intelligence (USDI).

We welcome our witnesses. General Taguba, I wish to personally commend you for your public service.

General TAGUBA. Yes, sir.

Chairman WARNER. Following the testimony of our witnesses, we'll receive testimony from a second panel of witnesses this afternoon, commencing at 2:30.

As I stated last week, this mistreatment of prisoners represents an appalling and totally unacceptable breach of military regulations and conduct. The damage done to the reputation and credibility of our Nation and the Armed Forces has the potential to undermine substantial gains and the sacrifices by our forces and their families, and those of our allies fighting with us in the cause of freedom.

This degree of breakdown in military leadership and discipline represents an extremely rare chapter in the otherwise proud history of our Armed Forces. It defies common sense, and contradicts all the values for which America stands. There must be a full accounting for the cruel and disgraceful abuse of Iraqi detainees, consistent with our laws and the protections of the Uniform Code of Military Justice (UCMJ).

I'm proud of the manner in which the Armed Forces have quickly reacted to these allegations, undertaken appropriate investigation, and begun disciplinary actions. We are a nation of laws, and we confront abuses of our laws openly and directly.

We have had an apparent breakdown of discipline and leadership at this prison, and possibly at other locations. We think it important to confront these problems swiftly, assuring that justice is done, and take the corrective actions so that such abuses never happen again. At the same time, it is important to remember that our commanders and their troops in Iraq are confronted with a very difficult, dangerous, complex military situation. Defeating in

to all Iraqis and who threaten our troops is the highest priority. Our troops are working very hard and courageously sacrifice to achieve that mission. Intelligence obtained in the course of any military action, obtained in accordance with proper laws and professional procedures, is an essential element of any military campaign.

I was heartened by President Bush's words of support for our men and women of the Armed Forces, as he stated yesterday, in visiting the Department of Defense (DOD)—and I quote our President: "All Americans know the goodness and the character of the United States Armed Forces. No military in the history of the world has fought so hard and so often for the freedom of others. Today, our soldiers, sailors, airmen, and marines are keeping terrorists across the world on the run. They're helping the people of Afghanistan and Iraq build democratic societies. They're defending America with unselfish courage. These achievements have brought pride and credit to this Nation. I want our men and women in uniform to know that America is proud of you, and that I'm honored to be your commander in chief."

Speaking for myself, I feel our President, our Secretary of Defense (SECDEF), Chairman of the Joint Chiefs of Staff (CJCS), and the other officers of our military have very correctly and properly addressed the seriousness of these issues, and I commend them.

We must not forget our overall purpose in Iraq. Success there is absolutely essential. Our men and women in uniform make a remarkable institution in this great America. From time to time it must heal itself, consistent with law and tradition, and that is what we're doing in this particular case. We have a responsibility here in Congress to help them do that, and that is precisely the purpose of these hearings.

Senator Levin.

STATEMENT OF SENATOR CARL LEVIN

Senator LEVIN. Thank you, Mr. Chairman.

Today's hearing continues the committee's examination of the events at Abu Ghraib detention facility and the effort to learn what led to the abuses of Iraqi prisoners so graphically depicted in the photographs that have shocked and disgusted the civilized world; and who may have authorized, encouraged, or suggested those despicable actions. Getting to the truth of what happened and who was responsible is important for our military men and women, for the American people, for the success of our mission in Iraq, and for a watching world.

General Taguba, while your report paints a disturbing picture of horrible abuses and leadership failures at Abu Ghraib, your report reflects an honest and detailed assessment of the situation there, and includes sensible recommendations on how to begin fixing those problems. I thank you for your professionalism in carrying out this service to our Nation.

The hearing we held last week barely scratched the surface of the issues that this committee must examine. It yielded little in the form of detailed information as to how these abuses could possibly have occurred and who was responsible for them, including those

within and without the chain of command whose policy decisions created an environment in which the abuses could occur.

The despicable actions described in General Taguba's report not only reek of abuse, they reek of an organized effort and methodical preparation for interrogation. The collars used on prisoners, the dogs, and the cameras did not suddenly appear out of thin air. These acts of abuse were not the spontaneous actions of lowerranking enlisted personnel who lacked the proper supervision. These attempts to extract information from prisoners by abusive and degrading methods were clearly planned and suggested by oth

ers.

Today, we begin what must be a determined pursuit of the answers to the questions:

Who organized the effort?

Who oversaw it?

Under what directives and policies were these actions im-
plemented?

All of those up and down the chain of command who bear any responsibility must be held accountable for the brutality and humiliation they inflicted on the prisoners and for the damage and dishonor that they brought to our Nation and to the United States Armed Forces, which is otherwise filled with honorable men and women acting with courage and professionalism to bring stability and security and reconstruction to Iraq.

Thank you, Mr. Chairman.

Chairman WARNER. I'll ask the witnesses to rise. [Witnesses sworn.]

In accordance with the time-honored traditions of our country of civilian control over the military, we recognize Secretary Cambone, who is speaking on behalf of the DOD.

Mr. Secretary?

STATEMENT OF HON. STEPHEN A. CAMBONE, UNDER

SECRETARY OF DEFENSE FOR INTELLIGENCE

Secretary CAMBONE. Mr. Chairman, thank you.

Members of the committee, we're here today to continue the discussion on the terrible activities at Abu Ghraib, begun last Friday by the SECDEF, the CJCS, and other members of the panel.

Before going further, let me say that we are dismayed by what took place. The Iraqi detainees are human beings. They were in U.S. custody. We had an obligation to treat them right. We didn't do that. That was wrong. I associate myself, without reservation, to the sentiments expressed by the SECDEF. To those Iraqis who were mistreated by members of the U.S. Armed Forces, I offer my deepest apology. It was un-American, and it was inconsistent with the values of our Nation.

Now, a number of issues arose related to those events during the hearing last Friday, which, as Senator Levin has noted, were not fully engaged. I wanted to tick off a short list that we have been developing since then as a way of preparation in answer to the questions we know that you have.

But before I go through those, let me say, again, that we will give you this information today, to the best of our knowledge. We

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