by detailing how some detainees were moved by military guards at the prison to hide
them from a visiting ICRC delegation.66
Torture often occurs within a highly sophisticated system specifically designed to keep
abuses from being detected. Advanced forms of torture—for example, electric shock—
are virtually undetectable to an untrained eye. Other forms of torture that often go
undetected include submersion in water, sexual violence, and various forms of
psychological torture. Untrained diplomatic staff attempting to monitor a detainee would
be unlikely to detect anything but the most obvious signs of physical torture.
Moreover, persons subjected to torture are often reluctant to speak about the torture
they have suffered out of fear of further abuse as retribution for complaining. Often this
fear emanates from threats by the abusers directed at the detainee or at a detainee’s
family members. For example, according to the ICRC, one detainee interrogated at a
facility in the vicinity of Camp Cropper in Iraq alleged that he had been hooded; cuffed
with flexicuffs; threatened with death; urinated on; kicked in the head, groin and lower
back; had a baseball inserted into his mouth; and was deprived of sleep for four
consecutive days. When the detainee threatened to complain to the ICRC, he was beaten
more.67 According to Ahmed Agiza’s family members, he was threatened with more
abuse after he revealed to Swedish embassy officials that he had been tortured in
Egyptian custody after being expelled from Sweden following assurances against torture
from the Egyptian authorities (see section below on Sweden). 68
Human Rights Watch’s research reveals that pre-agreed monitoring schemes subsequent
to returns based on diplomatic assurances lack sufficient safeguards to ensure that
torture is detected, including video and audio recording of all interrogations in the
presence of a lawyer; expert monitors, trained in detecting signs of both physical and
psychological torture and ill-treatment; meetings with a detainee in total privacy; routine
66
th
Major General Antonio M. Taguba, “Article 15-6 Investigation of the 800 Military Police Brigade,” Part Two:
Findings and Recommendations, para. 33, pp. 26-27, February 2004, [online]
http://www.npr.org/iraq/2004/prison_abuse_report.pdf (retrieved February 24, 2005). The report concluded that
“This maneuver was deceptive, contrary to Army Doctrine, and in violation of international law.” Ibid.
67
International Committee of the Red Cross, Report on the Treatment by the Coalition Forces of Prisoners of
War and Other Protected Persons by the Geneva Conventions in Iraq during Arrest, Internment and
Interrogation, February 2004, para. 34 [online] http://www.derechos.org/nizkor/us/doc/icrc-prisoner-report-feb2004.pdf (retrieved March 1, 2005).
68
Swedish NGO Foundation for Human Rights and Swedish Helsinki Committee for Human Rights, “Alternative
Report to ‘Comments by the Government of Sweden on the Concluding Observations of the Human Rights
Committee’ (CCPR/CO/74/SWE),” July 4, 2003, p. 25, para. 104, copy on file with Human Rights Watch:
“According to the families, the men were threatened with further torture if they told anyone what they had been
subjected to. After the first visit when Agiza had complained of his treatment to the Swedish ambassador, he
was subjected to cruel and inhuman treatment as soon as the ambassador had left the prison. As a
consequence of this, he has subsequently chosen not to tell anything, according to his family.”
25
HUMAN RIGHTS WATCH VOL. 17 NO. 4(D)
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