By classifying an explosive report on the torture of Iraqi
prisoners as "Secret," the Pentagon may have violated official
secrecy policies, which prohibit the use of classification to
conceal illegal activities.
The report, authored by Maj. Gen. Antonio Taguba, found that
"between October and December 2003, at the Abu Ghraib Confinement
Facility, numerous incidents of sadistic, blatant, and wanton
criminal abuses were inflicted on several detainees."
"The allegations of abuse were substantiated by detailed witness
statements and the discovery of extremely graphic photographic
evidence," Gen. Taguba wrote.
These specific observations, and the report as a whole, were
classified "Secret / No Foreign Dissemination."
Why the secrecy?
"There's clearly nothing in there that's inherently secret, such
as intelligence sources and methods or troop movements," an astute
reporter noted at a Pentagon press briefing on May 4. "Was this
kept secret because it would be embarrassing to the world,
particularly the Arab world?"
"I do not know specifically why it was labeled Secret," replied
Gen. Peter Pace.
Defense Secretary Donald Rumsfeld said he did not know why it was
classified, either. "You'd have to ask the classifier," he said.
"In no case shall information be classified in order to ...
conceal violations of law, inefficiency, or administrative error
[or to] prevent embarrassment to a person, organization, or
agency...," according to Section 1.7 of Executive Order 12958, as
amended by President Bush (EO 13292)
In a lawyerly reading, the Pentagon might respond that the
document was not specifically classified "in order" to conceal
violations of law, even though that was the direct consequence,
but for some other purpose.
The fact remains that classification served to conceal illegal
activity for months, if not longer.
Furthermore, there is no effective mechanism to enforce even the
executive branch's own standards and policies on classification.
Rather, the Abu Ghraib torture scandal came to light through an
unauthorized disclosure of classified information, for which one
must be sadly grateful.
The report on torture at Abu Ghraib prison is apparently still
classified. But it is now widely available on the internet,
including
HERE
Source:
SECRECY NEWS
from the FAS Project on Government Secrecy
Volume 2004, Issue No. 42
May 5, 2004