Baghdad — The U.S. military next week will begin the first in a series of courts-martial in the Abu Ghraib prisoner abuse allegations, trials that could bring new revelations on whether the mistreatment of Iraqis was an aberration or stemmed from pressure from commanders.
Army Specialist Jeremy Sivits of Hyndman, Pa., a member of the 372nd Military Police Company, will face a military court in Baghdad on May 19 — less than a month after photos of prisoners being abused and humiliated were first broadcast April 28.
Both the speed of the trial's scheduling and the venue in the Iraqi capital underscore the military's realization that it must demonstrate resolve in prosecuting those responsible for a scandal that threatens to undermine the U.S. mission in Iraq and U.S. President George W. Bush's re-election chances.
Brigadier General Mark Kimmitt, announcing the trial date, said the proceedings would be held in the Baghdad Convention Center, which houses the coalition press office, and be open to media coverage.
Mr. Bush promised Saturday that "we will learn all the facts and determine the full extent of these abuses. Those involved will be identified. They will answer for their actions."
Spc. Sivits is one of seven soldiers facing charges but appears to be a lesser figure in the case. Some of the others will likely face a general court martial, which can give more severe punishments than the "special" court martial that will try Spc. Sivits. His trial could produce evidence for prosecuting others believed more culpable.
Spc. Sivits is believed to have taken some of the photos that triggered the scandal. His father, Daniel Sivits, said last month his son "was told to take a picture, and he did what he was told." He said his son trained as a mechanic but found himself performing military police work for which he was unqualified.
The family said it had no comment Sunday morning.
Spc. Sivits was charged with conspiracy to mistreat detainees, dereliction of duty for failing to protect prisoners and maltreatment of detainees. Seven officers have received career-ending reprimands.
If convicted, Spc. Sivits could face one year in prison, reduction in rank to private, forfeiture of two-thirds of his pay for a year, a fine or a bad conduct discharge. Penalties could include only one, all or any combination of those punishments. He will be able to chose between trial before a single military judge or a three-member panel of senior officers. He has the right to a civilian attorney and will have access to military counsel.
Several of those charged in the abuse have said they were directed or encouraged by Military Intelligence officers heading interrogations to "soften up" detainees before questioning.
In September, an expert team sent by Major General Geoffrey Miller — head of the Guantanamo Bay prison facility — visited Abu Ghraib and recommended that guards help gather intelligence about detainees.
On Nov. 19, Lieutenant General Ricardo Sanchez, the top operational commander in Iraq, issued an order taking tactical control of Abu Ghraib prison away from the MPs and turning it over to the 205th Military Intelligence Brigade, the New Yorker magazine reported Sunday.
That policy went into effect over the objections of Maj. Gen. Antonio Taguba, another military prison expert, who said the change was "not doctrinally sound due to the different missions and agendas assigned to each of these respective specialties," the story says.
Maj. Gen. Miller — who in April was brought in to head Abu Ghraib in the wake of the scandal — defended his team's recommendations, saying last week that MPs' role in intelligence gathering was supposed to be only from "passive" observation, and he blamed Abu Ghraib's leadership at the time for not following military guidelines.
Months before the scandal broke, the International Committee of the Red Cross told top Washington officials it had problems with the treatment of prisoners in Iraq and at the U.S. detention centre in Guantanamo Bay, Cuba, said Antonella Notari, chief agency spokeswoman.
She said ICRC President Jakob Kellenberger spoke about prison conditions during January meetings with Secretary of State Colin Powell, National Security Adviser Condoleezza Rice and Deputy Defence Secretary Paul Wolfowitz.
"He raised concerns regarding detention in Iraq, along with Guantanamo and other locations," Ms. Notari told The Associated Press in Geneva.
On Friday, the ICRC disclosed it had repeatedly demanded last year that U.S. authorities correct problems at Abu Ghraib and other detention centres. The Americans took action on some issues but not others, it said.
"We were dealing here with a broad pattern, not individual acts. There was a pattern and a system," Pierre Kraehenbuel, the Red Cross operations director, said in Geneva.
American officials have insisted the abuses at Abu Ghraib were carried out by a handful of soldiers who failed to follow procedures and were not part of a systematic program of brutality.
However, Iraqis freed from U.S. custody since the war began in March 2003 have long told of abusive treatment including lying bound in the sun for hours; being attacked by dogs; being deprived of water; and left hooded for days.
U.S. lawmakers have warned that the most repulsive photos have yet to be released and have insisted that the Army investigation should have repercussions for higher-ups, not just the military police accused of abusing detainees.
"I think command responsibility has to be looked at just as seriously as the abusers," Republican Senator Lindsey Graham of South Carolina said Saturday in an interview.
