When I made an inquiry into the US practice of detaining and interrogating noncombatant children in intelligence and combat operations, one of my senators accidentally triggered a Joint Staff report on the wrong topic.
However, serendipity makes the mistake relevant.
Here is the text of a Joint Staff report on the detention of civilians in Iraq. The date of this report -- January 22, 2004 -- as it comes after allegations of the abuse of detainees triggered a full investigation.
SUBJECT: Detention of Civilians in Iraq
- PURPOSE. To respond to a Joint STaff request for information regarding the detention and treatment of Iraqi civilians. This information is required in order to respond to a Congressional Inquiry by Senator [Elizabeth] Dole.
- DISCUSSION. All questioning of detainees is conducted in a professional manner, by trained interrogators, under regular supervision. US/Coalition regulations, as well as international law/treaties, prohibit the use of torture.
a. The Geneva Conventions (GC) permit us, as an occupying power, to detain civilians who pose a threat to the security of Coalition Forces or the Iraqi State.
b. Approximately 6,900 civilians are currently being detained in Iraq as security internees. These are individuals who attempted, planned, or physically committed crimes against Coalition forces, or are believed to harbor information regarding future planned attacks.
c. In accordance with the GC, the Coalition maintains the right to detain civilians for questioning regarding criminal acts. These detainees are immediately processed for release when they are no longer required for questioning.
d. The Coalition implemented a detainee review process that provides broader procedural discretions than the GC.
(1) A military attorney reviews all detainee case files when the detainee is inducted into a detention facility.
(2) All detainees are then served with a copy of their internment order,w hich states the basis for the detention. Detainees are further provided an opportunity to appeal, in writing, the decision to intern them.
(3) In accordance with the GC, each detainee case file is reviewed no later than six months from the date of detention, in order to determine whether continued detention is warranted.
(4) Finally, every civilian detained for questioning is processed for release at the conclusion of the interview process. Only those individuals who continue to pose a threat to Coalition forces, or the Iraqi State, remain in custody.
e. The number of Iraqi cilivians detained by Coalition forces is decreasing.
f. There are fewer than 200 pre-trial criminal detainees in Coalition-operated facilities.
3. RECOMMENDATION. None. Information provided in response to Joint Staff query.
APPROVED BY: J.F. Sattler, Major General, USMC, Director of Operations
PREPARED BY: Julio L. Alvarez, Jr., LTC, USA, Chief, Ground Operations
22 JAN 04