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.