The top UN investigator in Afghanistan, M. Cherif Bassiouni [
academic profile]as been released from his post following his issuance Thursday of a report to the UN Commission on Human Rights heavily critical of US-led military forces in Afghanistan, alleging that they had made unlawful detentions and had not allowed human rights inspectors into detention and prison facilities to inspect the conditions. Bassiouni's report [
PDF-text] included the following paragraph about abuse of prisoners and absence of effective prosecution for perpetrators:
The independent expert has received accounts of actions that fall under the internationally accepted definition of torture. For example, a district governor from Paktia province who was assisting the Coalition forces was arrested, gagged, hooded and taken to a base in Urgun, where he was beaten, forced to stand in a stress position for a prolonged period of time, exposed to the cold, and denied food and water. He also reported the torture and sexual abuse of up to 20 other persons. When his identity was confirmed five days later, he was released, although the fate of the other detainees remains unclear. An investigation by the Criminal Investigative Command led to a classified report obtained by a newspaper in the United States that recommends that 28 personnel be prosecuted in connection with the deaths of detainees held by United States forces. However, to date, prosecutions have been limited, raising questions about the interest of United States officials in investigating and prosecuting these cases. The independent expert also expresses serious concerns about the alleged transfer of some prisoners from Guantánamo Bay to Afghanistan as well as the process of informal rendition, whereby detainees are transferred to third-party countries where they are subjected to abuse and torture in clear violation of international human rights and humanitarian law. The Coalition forces' use of distinct units that answer to different command and control structures is dangerously permeating the Afghan military and security organizations and remains a source of serious human rights violations. In general, the Coalition forces' practice of placing themselves above and beyond the reach of the law must come to an end.
Bassiouni was told that the UN was phasing out his position; critics allege that his removal is a result of US pressure to curb Bassiouni's mandate over US forces.
Quote:UN investigator who exposed US army abuse forced out of his job
By Nick Meo in Kabul
25 April 2005
The UN's top human rights investigator in Afghanistan has been forced out under American pressure just days after he presented a report criticising the US military for detaining suspects without trial and holding them in secret prisons.
Cherif Bassiouni had needled the US military since his appointment a year ago, repeatedly trying, without success, to interview alleged Taliban and al-Qa'ida prisoners at the two biggest US bases in Afghanistan, Kandahar and Bagram.
Mr Bassiouni's report had highlighted America's policy of detaining prisoners without trial and lambasted coalition officials for barring independent human rights monitors from its bases.
Prisoners captured in Afghanistan and elsewhere in the region are held at US bases, often before being shipped to Guantanamo Bay. Human Rights Watch called on Saturday for a US special prosecutor to investigate the Defence Secretary, Donald Rumsfeld, and Charles Tenet, the former-CIA director, for torture and abuse of detainees in jails around the world, including Abu Ghraib in Iraq. They should be held responsible under the doctrine of "command responsibility," it said.
On Friday, the US army investigation into the torture of prisoners at Abu Ghraib cleared four out of five top officers of responsibility for the scandal which shocked the world when it broke a year ago. The only officer recommended for punishment is Brigadier General Janis Karpinski, who was in charge of Iraqi prisons at the time.
The UN eliminated Mr Bassiouni's job last week after Washington had pressed for his mandate to be changed so that it would no longer cover the US military.
Just days earlier, the Egyptian-born law professor, now based in Chicago, had presented his criticisms in a 24-page report to the UN Commission on Human Rights in Geneva.
The report, based on a year spent travelling around Afghanistan interviewing Afghans, international agency staff and the Afghan Human Rights Commission, estimated that around 1,000 Afghans had been detained and accused US troops of breaking into homes, arresting residents and abusing them.
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