US judge orders military to release all photos from Abu Ghraib

19-01-2017
Rudaw
Tags: Abu Ghraib
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ERBIL, Kurdistan Region — Further evidence of the US military’s treatment of detainees in Iraq in the early 2000s could become public after a federal judge in New York ruled that the Department of Defense should release photos of prisoner mistreatment at Abu Ghraib, west of Baghdad.

US District Judge Alvin Hellerstein in Manhattan, New York, handed out his ruling on Wednesday. It ruled in favor of the American Civil Liberties Union (ACLU) and against the US department of defense.

The ACLU had argued that the photos should be disclosed in accordance with the 2004 federal Freedom of Information Act, while the defense department has contended that the release of the Abu Ghraib photos would endanger US military abroad.

However, Hellerstein noted that the release of the photos will not endanger the US military as its presence in Iraq had fallen to about 5,000 from more than 100,000 at the start of the Obama administration, and that those remaining now serve as advisers rather than in combat.


Rudaw has reported that US artillery regiments have shelled ISIS positions near Mosul and additionally serve as advisors on the ground. US-led coalition pilots also fly daily missions over Iraqi skies.

Hellerstein has twice previously ruled that the US should release all of its photos of facilities at Abu Ghraib, and in Iraq and Afghanistan. The exact number of photos has not been disclosed, but the Congressional Record and court papers put the number at about 2,000, according to Reuters.

Hellerstein ruled in 2005 that the photos should be released, but US congress authorized withholding the photos, citing endangerment to Americans.

In 2015, another ruling by Hellerstein ordered the release of additional photos, but Secretary of Defense Ashton Carter released just 198 photos, which he said were representative of the remainder of the photos per the reviews of four high-ranking generals.

Former Secretary of Defense Donald Rumsfeld testified in 2004 before the US Senate and House Armed Services Committees.

"These events occurred on my watch I am accountable for them and I take full responsibility," Rumsfeld said. "There are other photos — many other photos — that depict incidents of physical violence towards prisoners, acts that can only be described as blatantly sadistic, cruel and inhuman."

Around a dozen US military members including the brigadier general, who oversaw all 12 Iraqi detention facilities, were tried in US military courts, but the main accused served less than two years in jail for her actions. Some Abu Ghraib victims have also been awarded monetary settlements in federal courts paid by US military contractors.


Iraqi politicians have previously stated that the release of more photos would spark discussions in the parliament.

“I believe the release of these new photos will bring the issue into parliament discussion again,” Ashwaq Jaf of parliament’s Human Rights Committee told Rudaw in February 2016, speaking about the 2015 ruling to release photos.

The prison was previously used by the Saddam-led Baathist government to hold and torture political dissidents. Abu Ghraib was taken over by US forces after their 2003 invasion of Iraq, which overthrew Saddam Hussein. It was closed by Iraqi officials in 2014.

Haider al-Abadi, the current prime minister of Iraq, advocated for a "thorough investigation" of the US policy that led to the 2003 invasion in his weekly statement on Tuesday.

"The US invasion of Iraq removed Saddam's regime, but on the other hand it led to... tragedies," Abadi said.

Abadi also said the US has been "occupying" his country. The US continues to have military bases in the country and has coordinated with Iraqi and Kurdish forces in a three-month campaign to liberate Iraq's second-largest city of Mosul from ISIS.

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