Abu Ghraib: Officers in line

2004-08-24 20:35

Mannheim - The United States military judge hearing the Abu Ghraib abuse case suggested on Tuesday he would compel top military intelligence commanders to testify unless the prosecution moved forward with criminal charges against them within the next month.

Javal Davis and the five other military police accused of abusing prisoners at the Baghdad prison insist they were following orders from military intelligence officers and civilian contractors.

Davis's civilian attorney, Paul Bergrin, asked the court to grant immunity from prosecution to Colonel Thomas Pappas, the military intelligence commander at Abu Ghraib, and several other officers who may have known of the abuse.

But, they have refused to talk to investigators, citing their right to avoid self-incrimination.

Theory that they encouraged abuse

Such testimony could broaden the case beyond the six low-ranking army reservists.

It also could raise the possibility that intelligence officers and others within the military encouraged the abuse to gain information about Iraqi insurgents battling US troops.

A grant of immunity could remove a key obstacle to their testimony, but prosecutor Major Michael Holly argued that the officers themselves could face charges.

The military have to finish a report into the role of military intelligence at detention facilities, and this is expected to be presented to the US congress early next month.

The judge gave the prosecution until September 17 to convince him they should not be compelled to testify.

Judge Pohl made it clear, however, that if the government did not intend to file major charges against the officers by then, he would probably grant them immunity to testify.

However, Judge Pohl said Davis' defence had not presented enough evidence to establish that comments allegedly made by Rumsfeld authorising rough treatment of detainees at Guantanamo Bay had resulted in abuse at Abu Ghraib.

The second day of pretrial hearings for four soldiers at a U.S. military barracks in Germany also brought Davis' admission that he initially lied to a military investigator by saying he did not take part in the maltreatment.

Davis said he was exhausted after a gruelling day manning a watchtower and made the false statement because he wanted the January 14 interview to end. He said he went back to investigators the next day and confessed.

Took no notes during interview

"I was dishonest about the things I was accused of," Davis told the hearing at a US military barracks in Mannheim. "I wanted to maintain my integrity."

Davis' lawyer pounced on testimony by the military investigating agent, Manora Iem, that he was also tired when he interviewed Davis.

"You knew that you were tired that day and yet you put nothing in the report," defence lawyer Paul Bergrin challenged Iem during sharp cross-examination.

Iem said he took no notes during the interview but drafted a five-page report of Davis' statements which the soldier signed.

- AP