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And in all cases, the perps went to jail. Seems fair to me.
No. In fact, far from the truth. Here it is:
http://www.humanrightsfirst.org/us_law/etn/dic/exec-sum.asp
Command's Responsibility: Detainee Deaths in U.S. Custody in Iraq and Afghanistan
Command's ResponsibilityExecutive Summary
Do I believe that [abuse] may have hurt us in winning the hearts and minds of Muslims around the world? Yes, and I do regret that. But one of the ways we address that is to show the world that we don’t just talk about Geneva, we enforce Geneva . . . . [T]hat’s why you have these military court-martials; that’s why you have these administrative penalties imposed upon those responsible because we want to find out what happened so it doesn’t happen again. And if someone has done something wrong, they’re going to be held accountable.
—U.S. Attorney General Alberto Gonzales
Confirmation Hearings before the Senate Judiciary Committee
January 6, 2005
Basically [an August 30, 2003 memo] said that as far as they [senior commanders] knew there were no ROE [Rules of Engagement] for interrogations. They were still struggling with the definition for a detainee. It also said that commanders were tired of us taking casualties and they [told interrogators they] wanted the gloves to come off . . . . Other than a memo saying that they were to be considered “unprivileged combatants” we received no guidance from them [on the status of detainees].
—Chief Warrant Officer Lewis Welshofer
Testifying during his Court Martial for Death of Iraqi General Abed Hamed Mowhoush
January 19, 2006
Since August 2002, nearly 100 detainees have died while in the hands of U.S. officials in the global “war on terror.” According to the U.S. military’s own classifications, 34 of these cases are suspected or confirmed homicides; Human Rights First has identified another 11 in which the facts suggest death as a result of physical abuse or harsh conditions of detention. In close to half the deaths Human Rights First surveyed, the cause of death remains officially undetermined or unannounced. Overall, eight people in U.S. custody were tortured to death.
Despite these numbers, four years since the first known death in U.S. custody, only 12 detainee deaths have resulted in punishment of any kind for any U.S. official. Of the 34 homicide cases so far identified by the military, investigators recommended criminal charges in fewer than two thirds, and charges were actually brought (based on decisions made by command) in less than half. While the CIA has been implicated in several deaths, not one CIA agent has faced a criminal charge. Crucially, among the worst cases in this list – those of detainees tortured to death – only half have resulted in punishment; the steepest sentence for anyone involved in a torture-related death: five months in jail.
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Cheers,