US pushes ahead with first prisoner abuse trial

The US military will next week 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.

Specialist Jeremy Sivits of Hyndman, Pennsylvania, 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 on April 28.

Both the speed of the trial’s scheduling and the venue in the Iraqi capital underscore the military’s determination to prosecute those responsible for a scandal that threatens to undermine the US mission in Iraq and US President George Bush’s re-election chances.

Brigadier General Mark Kimmitt, announcing the trial date, said the proceedings would be held in the Baghdad Convention Centre, which houses the coalition press office, and be open to media coverage.

Bush promised on 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.”

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 Sivits.

His trial could produce evidence for prosecuting others believed more culpable.

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 yesterday said it had no comment.

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, 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.

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.

Major General Geoffrey Miller – who in April was brought in to head Abu Ghraib - 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 US detention centre in Guantanamo Bay, Cuba, said Antonella Notari, chief agency spokeswoman.

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 US 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. Until photos were published, their complaints won little attention, except from human rights groups.

US 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.