A lawsuit in Germany will seek a criminal prosecution of the outgoing Defense Secretary Donald Rumsfeld and other U.S. officials for their alleged role in abuses.
Legal documents, filed with Germany's top prosecutor, will seek a criminal investigation and prosecution of Rumsfeld, along with Attorney General Alberto Gonzales, former CIA director George Tenet and other senior U.S. civilian and military officers, for their alleged roles in abuses committed at Iraq's Abu Ghraib prison and at the U.S. detention facility at Guantanamo Bay, Cuba.
The plaintiffs in the case include 11 Iraqis who were prisoners at Abu Ghraib, as well as Mohammad al-Qahtani, a Saudi held at Guantanamo, whom the U.S. has identified as a would-be participant in the 9/11 hijackings. (As TIME first reported in June 2005, Qahtani underwent a "special interrogation plan," personally approved by Rumsfeld, which the U.S. says produced valuable intelligence. But to obtain it, according to the log of his interrogation and government reports, Qahtani was subjected to forced nudity, sexual humiliation, religious humiliation, prolonged stress positions, sleep deprivation and other controversial interrogation techniques.)
Lawyers for the plaintiffs say that one of the witnesses who will testify on their behalf is former Brig. Gen. Janis Karpinski, the one-time commander of all U.S. military prisons in Iraq. Karpinski has issued a written statement to accompany the legal filing, which says, in part: "It was clear the knowledge and responsibility [for what happened at Abu Ghraib] goes all the way to the top of the chain of command to the Secretary of Defense Donald Rumsfeld ."
Germany was chosen for the court filing because German law provides "universal jurisdiction" allowing for the prosecution of war crimes and related offenses that take place anywhere in the world.
[Excerpt of an article by Adam Zagorin, The Times]
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