"Serious Risk of Torture" for Iraqi Prisoners Facing Transfer by U.S.

By Ali Gharib and Zainab Mineeia, IPS News. Posted October 31, 2008.

WASHINGTON, Oct 30 (IPS) - An estimated 17,000 Iraqis detained in their own country by occupying U.S. forces may soon face transfer into an Iraqi government detention system where reports of abuse and torture are commonplace, says a leading human rights advocacy group.

A Human Rights Watch (HRW) statement Wednesday focuses on the potential for detainee transfers according to the stipulations of the U.S.-Iraqi security deal, a draft of which is currently before Iraq's cabinet and parliament for approval. There are reports this week that the cabinet has decided to reopen negotiations on some aspects.

"Human Rights Watch called on the U.S. government to ensure that detainees are not in danger of being tortured by establishing a mechanism that would provide each detainee with a genuine opportunity to contest a transfer to Iraqi custody, and by verifying the conditions of Iraqi detention facilities to which they could be transferred, through inspections whose results are made public," said the statement.

HRW's statement points to the fact that such a mechanism, or at least something which accomplishes the same check on transfers, is required by international law both in the laws of armed conflicts, as codified for prisoners of war in the Geneva Conventions, and the U.N. Convention Against Torture, which was signed and ratified by the U.S.

It is illegal to transfer a prisoner into a situation where they face a credible risk of torture or abuse.

The controversial U.S.-Iraqi security pact, known as a Status of Forces Agreement (SOFA), is being designed to allow U.S. forces to wage war in Iraq after the U.N. mandate under which they currently operate expires at the end of this year.

But the SOFA, which was originally scheduled for completion this summer, has been bogged down by U.S. reluctance to give in to the ever increasing demands of Iraqi authorities emboldened by their successes in passing legislation and suppressing what had, until this year, been a persistent insurgency.

Two of the provisions deal with Iraqis currently being detained by the U.S.

"We're getting out of the detention business," Brig. Gen. David Perkins, a spokesman for the U.S.-led forces in Iraq, told the New York Times this week.

The detention of Iraqis has been a public relations disaster for the U.S. occupation, particularly after the Abu Ghraib scandal, where photos of prisoner abuse ended up in the media, causing global outrage.

"I know that the U.S. has an interest in getting the detainees off their hands, and I know that Iraqis want to have detention powers," the executive director of HRW's Middle East and North Africa Division, Sarah Leah Whitson, told IPS. "I also know that [the Iraqi authorities] don't feel equipped [to deal with a flood of detainees]."

Those ambiguities, said Whitson, are apparent in the vague text of the current SOFA draft, where the two provisions dealing with detainees contradict each other somewhat.

"I would say that [the detainee issue] is not consistently addressed in the security agreement," Whitson told IPS. "In the current agreement, [the U.S.] is supposed to release the detainees. But in another part of the agreement, they're supposed to transfer the detainees."

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