Posted on 9-3-2004
Afghanistan: Abuses by U.S.
Forces
(New York, March 8, 2004) – U.S. forces operating in Afghanistan
have
arbitrarily detained civilians, used excessive force during
arrests of
non-combatants, and mistreated detainees, Human Rights Watch
said in a new
report released today.
"The United States is setting a terrible example in Afghanistan
on
detention practices," said Brad Adams, executive director
of the Asia
division of Human Rights Watch. "Civilians are being held
in a legal black
hole – with no tribunals, no legal counsel, no family
visits and no basic
legal protections."
The 59-page report, "Enduring Freedom": Abuses by
U.S. Forces in
Afghanistan, is based on research conducted by Human Rights
Watch in
Afghanistan and Pakistan in 2003 and early 2004. Human Rights
Watch
documented cases of U.S. forces using military tactics, including
unprovoked deadly force, during operations to apprehend civilians
in
uncontested residential areas—situations where law enforcement
standards
and tactics should have been used. Afghan forces deployed with
U.S. forces
have also mistreated persons during search and arrest operations
and
looted homes.
The report also details mistreatment in U.S. detention facilities.
Released detainees have said that U.S. forces severely beat
them, doused
them with cold water and subjected them to freezing temperatures.
Many
said they were forced to stay awake, or to stand or kneel in
painful
positions for extended periods of time. "There is compelling
evidence
suggesting that U.S. personnel have committed acts against detainees
amounting to torture or cruel, inhumane, or degrading treatment,"
said
Adams.
The report also describes frequent arbitrary arrests of civilians,
apparently based on mistaken or faulty intelligence, and numerous
cases of
civilians—grocers, farmers, or laborers—who were
held incommunicado and
indefinitely.
Human Rights Watch said that many of the violations documented
were
reported in non-combat situations, and emphasized that many
abuses—especially arbitrary arrests and mistreatment of
detainees—were
inexcusable even within the context of war.
Human Rights Watch said that Taliban and other anti-U.S. forces
operating
in Afghanistan had themselves violated international humanitarian
law by
carrying out armed attacks and abductions against civilians
and
humanitarian aid workers. But Human Rights Watch pointed out
that under
international law those violations could not serve as an excuse
for U.S.
violations. "The Taliban and other insurgent groups are
illegally
targeting civilians and humanitarian aid workers," said
Adams. "But abuses
by one party to a conflict do not justify violations by the
other side.
This is a fundamental principle of the laws of war."
The United States has not responded adequately to questions
about arrest
and detention practices. In particular, Human Rights Watch raised
the case
of three detainees who are known to have died while in U.S.
custody—two at
the Bagram airbase north of Kabul in December 2002 and one at
the Asadabad
airbase in eastern Afghanistan in June 2003. The first two deaths
were
ruled homicides by U.S. military pathologists who performed
autopsies on
the two men. U.S. officials have yet to explain what happened
to any of
the three men. "This stonewalling must stop," said
Adams. "The United
States is obligated to investigate allegations and prosecute
those who
have violated the law. There is no sign that serious investigations
are
taking place."
Human Rights Watch said that the United States was eroding international
standards by not taking action. "Abusive governments across
the world can
now point to U.S. forces in Afghanistan, and say, 'If they can
abuse human
rights and get away with it, why can't we?'" said Adams.
President George W. Bush and officials in his administration
stated in
June 2003 that the United States does not torture or mistreat
detainees in
the custody of the United States. But the United States has
refused to
allow any independent observers access to detention facilities
in
Afghanistan, except for the International Committee of the Red
Cross,
which does not report publicly on its findings. Human Rights
Watch noted
that some documented abuses in the report took place after President
Bush's statement.
The report includes the following recommendations to the United
States:
* Investigate and publicly report on allegations of mistreatment
at
detention facilities in Afghanistan;
* Instruct military and intelligence personnel to take all appropriate
steps to prevent or stop abuses by Afghan forces deployed with
or
under the command of U.S. forces;
* Create a legal system of tribunals, in conjunction with the
Afghan
government, to ensure that detainees in Afghanistan—both
combatants
and civilians—are processed and screened in accordance
with applicable
standards of the Geneva Conventions and human rights law;
* Permit families of detainees, and those providing legal assistance,
to visit detainees;
* Reevaluate and revise arrest methods and standing Rules of
Engagement for U.S. military and intelligence personnel in Afghanistan
to ensure that law enforcement methods are used when U.S. forces
are
arresting non-combatants in non-combat situations.
The report also calls on Afghan President Hamid Karzai and the
Afghan
government to urge the United States to bring their detention
system
within Afghanistan into compliance with international law, and
to order
Afghan commanders to stop or attempt to prevent abuses during
military
operations.
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