The FIDH recalls that the prohibition of torture at any time and in any place is explicitly affirmed in several international treaties and in the Universal Declaration of Human Rights. Furthermore, such acts of torture and ill treatments constitute grave breaches of the Third Geneva Convention relative to the protection of prisoners of wars.
The FIDH takes note of the investigation initiated by the US Army Criminal Investigation Division after a US soldier reported and turned over evidence of criminal activity in the Abu Gharib prison.
Depending on the result of the investigation, the US military staff involved in these horrible abuses will be brought before a military court. In this regard, the FIDH recalls that such a procedure does not guarantee the basic rights of defence and the right to a fair trial. In addition, this jurisdiction does not offer the necessary guarantees of independence and consequently presents a major risk of impunity, in particular for the high-level officials involved.
The FIDH is also concerned at the situation of the US civilian (private) agents that were on duty beside the military forces and might be involved in the same abuses that occurred in the Abu Gharib prison.
Taking into consideration the war crimes perpetrated against Iraqi civilian populations in Fallujah and the acts of torture against Iraqi prisoners reported recently, the FIDH reiterates its call for an international commission of investigation, notably composed of the UN special rapporteur on torture, the UN special rapporteur on violence against women as well as the UN working group on arbitrary detention, to be mandated by the United Nations Secretary General, H. E Kofi Annan.
The persons responsible of war crimes in Iraq must be brought before an independent and impartial court.
Sidiki Kaba
President