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Monday, October 25, 2010

"Iraq war logs: UN Calls on Obama to Investigate Human Rights Abuses"

http://www.guardian.co.uk/world/2010/oct/23/united-nations-call-obama-investigation-abuses-iraq

EXCERPT:

The UN has called on Barack Obama to order a full investigation of US forces' involvement in human rights abuses in Iraq after a massive leak of military documents that detail torture, summary executions and war crimes.

The call, by the UN's chief investigator on torture, Manfred Nowak, came as Phil Shiner, human rights specialist at Public Interest Lawyers in the UK, warned that some of the deaths documented in the Iraq war logs could have involved British forces and would be pursued through the UK courts. He demanded a public inquiry into allegations that British troops were responsible for civilian deaths during the conflict.

The Guardian has analysed the 400,000 documents, the biggest leak in US military history, and found 15,000 previously unreported civilian deaths. The logs show how US authorities failed to investigate hundreds of reports of abuse, torture, rape and murder by Iraqi police and soldiers whose conduct appears to be systematic and generally unpunished.

Nowak said that if the files released through WikiLeaks pointed to clear violations of the UN Convention Against Torture the Obama administration had an obligation to investigate them.

The logs paint a disturbing picture of the relationship between US and Iraqi forces. Nowak said that UN human rights agreements obliged states to criminalise every form of torture, whether directly or indirectly, and to investigate any allegations of abuse.

Speaking on the BBC's Today programme, Nowak, who has spent years investigating allegations of US participation in extraordinary rendition and the abuse of detainees held by coalition forces, said the Obama administration had a legal and moral obligation to fully investigate credible claims of US forces' complicity in torture.

A failure to investigate, Nowak suggested, would be a failure of the Obama government to recognise its obligations under international law. He said the principle of "non-refoulement" prohibited states from transferring detainees to other countries that could pose a risk to their personal safety.

The documents, which cover the period in Iraq from 2004 onwards, have prompted claims that this principle has not been observed. The files contain evidence that US forces were ordered to turn a blind eye to abuses committed by the Iraqi authorities.

Numerous reports of detainee abuse, often supported by medical evidence, describe prisoners shackled, blindfolded and hung by wrists or ankles and subjected to whipping, punching, kicking or electric shocks. Six reports end with a detainee's apparent death.

Nowak said the US had an obligation "whenever they expel, extradite or hand over any detainees to the authorities of another state to assess whether or not these individuals are under specific risk of torture. If this assessment is not done, or authorities hand over detainees knowing there is a serious risk of them being subjected to torture, they violate article 3 of the UN convention that precludes torture."

Nowak said it would be up to the Obama administration to launch an "independent and objective" investigation with a view not only to "bring the perpetrators to justice but also to provide the victims with adequate remedy and reparation".

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