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Iraq: Torture Survivors Await US Redress, Accountability
No Clear Path to Compensation for Iraqis Abused in Detention by US Forces
The United States government has apparently failed to provide compensation or other redress to Iraqis who suffered torture and other abuse by US forces at Abu Ghraib and other US-run prisons in Iraq two decades ago. Iraqis tortured by US personnel still have no clear path for receiving redress or recognition from the US government though the effects of torture are a daily reality for many Iraqi survivors and their families. In August 2022, the Pentagon released an action plan to reduce harm to civilians in US military operations, but it doesn’t include any way to receive compensation for past instances of civilian harm.
This failure to address the pain and suffering of those who were subjected to torture and abuse undermines the principles of justice and accountability. Survivors of abuse have come forward for years to share their accounts, but they have received little recognition from the US government and no redress. This lack of action is in violation of prohibitions against torture under US domestic law, the Geneva Conventions of 1949, the United Nations Convention Against Torture, and customary international law.
The Plight of Taleb Al Majli: An Iraq Torture Survivor
Taleb Al Majli, an Iraqi who was detained at Abu Ghraib prison in November 2003, is among the many survivors of torture who have been denied any form of redress or recognition from the US government. He endured physical, psychological, and sexual humiliation during his detention at the prison. Al Majli described being one of the men in a widely circulated photo that shows a group of naked, hooded prisoners piled on top of each other in a human pyramid, while two US soldiers smile behind them.
Al Majli’s experience highlights the enduring effects of torture on its survivors. Even after his release, he continues to suffer both physically and emotionally. He bites his hands and wrists as a coping mechanism, leaving raised welts on his skin. This trauma has had a devastating impact on his family, affecting his children’s health and education. Al Majli has sought redress and compensation for the abuse he endured, but his efforts have been met with roadblocks and indifference from the US government.
The Lack of Legal Pathways for Redress
Iraqi survivors of detainee abuse during the US invasion and occupation have found themselves without any clear legal pathway to seek compensation or redress. The US Foreign Claims Act, which allows foreign nationals to obtain compensation for harm caused by US service members, is not an option for survivors like Al Majli, as claims must be filed within two years from the date of the alleged harm.
Furthermore, attempts to find justice in US courts have been dismissed using a 1946 law that preserves US forces’ immunity for acts committed during time of war. The US Justice Department has repeatedly rejected cases brought forward by survivors of detainee abuse, further blocking any possibility for accountability.
The Need for Accountability and Redress
The lack of compensation and redress for Iraqi survivors of torture and abuse by US forces is a grave injustice. It sends a message that those responsible for the pain and suffering inflicted upon innocent individuals will not be held accountable for their actions. It also perpetuates a culture of impunity, undermining the principles of justice and undermining trust in the US government.
It is imperative that the US government takes immediate action to investigate allegations of torture and other abuse committed by US personnel abroad. Those implicated in these crimes should face appropriate prosecutions, regardless of their rank or position. The US should also provide compensation, recognition, and official apologies to survivors of abuse and their families.
The Legacy of Abu Ghraib and the Way Forward
The revelations of torture and abuse at Abu Ghraib and other US-run prisons in Iraq are a stain on the history of the United States. While some accountability measures have been taken, they have been limited in scope and have fallen short of addressing the systemic nature of the problem.
It is crucial that the US government acknowledges the systemic failures that allowed for torture and abuse to occur. This includes examining the decisions made at the highest levels of government that enabled and justified these acts. Former President George W. Bush, Vice President Dick Cheney, Defense Secretary Donald Rumsfeld, and CIA Director George Tenet should be held accountable for their roles in setting interrogation and detention policies that violated international law.
The US government must also establish a clear pathway for survivors of detainee abuse in Iraq to seek compensation and redress. This includes amending existing laws that place limitations on filing claims and addressing the obstacles faced by survivors in seeking justice.
Additionally, efforts should be made to improve the investigative processes and ensure that all allegations of abuse are thoroughly examined. The US government should provide support and resources to survivors of torture and abuse, including access to medical and mental health services.
Ultimately, addressing the legacy of Abu Ghraib requires a commitment to upholding the principles of justice, accountability, and human rights. It is only through these actions that the US government can truly reckon with its failure to provide redress to Iraqi survivors of torture and abuse.
Sources:
Andreas Fischinger >>
The image is for illustrative purposes only and does not depict the actual situation.
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