Deploring Abuse of Persons in United States Custody in Iraq

DEPLORING ABUSE OF PERSONS IN UNITED STATES CUSTODY IN IRAQ -- (House of Representatives - May 06, 2004)

Mr. HUNTER. Mr. Speaker, pursuant to House Resolution 628, I call up the resolution (H. Res. 627) deploring the abuse of persons in United States custody in Iraq, regardless of the circumstances of their detention, urging the Secretary of the Army to bring to swift justice any member of the Armed Forces who has violated the Uniform Code of Military Justice, expressing the deep appreciation of the Nation to the courageous and honorable members of the Armed Forces who have selflessly served, or are currently serving, in Operation Iraqi Freedom, and for other purposes, and ask for its immediate consideration.

The Clerk read the title of the resolution.

The text of H. Res. 627 is as follows:

H. Res. 627

Whereas the American people and the world are dismayed by revelations of abuses inflicted upon detainees at the Abu Ghraib prison in Baghdad;

Whereas the military justice process so far has resulted in charges being brought against six individuals, three of whom have been recommended for trial by court martial;

Whereas the investigation by the United States Central Command has identified problems of leadership, chain of command, and training that contributed to the instances of abuse;

Whereas the Congress was not fully informed of the existence, or the seriousness, of those abuses or of the investigation of those abuses until after they had been disclosed in the national media;

Whereas such abuses are offensive to the principles and values of the American people and the United States military, are incompatible with the professionalism, dedication, standards and training required of individuals who serve in the United States military, and contradict the policies, orders, and laws of the United States and the United States military and undermine the ability of the United States military to achieve its mission in Iraq;

Whereas the vast majority of members of the Armed Forces have upheld the highest possible standards of professionalism and morality in the face of illegal tactics and terrorist attacks and attempts on their lives;

Whereas members of the Armed Forces have planned and conducted, frequently at great peril and cost, military operations in a manner carefully intended to prevent or minimize injury to Iraqi civilians and property;

Whereas over 138,000 members of the United States Armed Forces serving in Iraq, a total force comprised of active, National Guard, and Reserve personnel, are executing a courageous and determined mission to rebuild and rehabilitate a proud nation after liberating it from the tyranny, oppression, and genocide of Saddam Hussein's evil regime;

Whereas the Department of Defense has awarded members of the Armed Forces serving in Operation Iraqi Freedom at least 3,767 Purple Hearts, as well as thousands of commendations for valor, including at least 4 Distinguished Service Crosses, 127 Silver Stars, and over 16,000 Bronze Stars;

Whereas members of the Armed Forces, United States citizens, over 30 Coalition partners, and patriotic Iraqis are working to finally return the government of Iraq to the Iraqi people after decades of despotism;

Whereas since the deposing of Saddam Hussein, the Iraqi people have enjoyed substantial improvements in essential services, including major water, sewage, power, infrastructure, transportation, telecommunications, and food security projects that already benefit millions more citizens than under the Ba'ath Party regime;

Whereas the quality of life for Iraqis has significantly improved in the areas of food availability, health services, and educational opportunities since the downfall of the Hussein government; and

Whereas security provided by the United States Armed Forces, the Coalition partners of the United States, and the Iraqi people has permitted the adoption by Iraq of a Transitional Administrative Law, with the promise of a sovereign Iraqi Interim Government, national elections, a constitution, and democracy: Now, therefore, be it

Resolved, That the House of Representatives-

(1) deplores and condemns the abuse of persons in United States custody in Iraq, regardless of the circumstances of their detention;

(2) declares that the alleged crimes of a handful of individuals should not detract from the commendable sacrifices of over 300,000 members of the United States Armed Forces who have served, or who are serving, in Operation Iraqi Freedom;

(3) reaffirms and reinforces the American principle that any and all individuals under the custody and care of the United States Armed Forces shall be afforded proper and humane treatment;

(4) urges the Secretary of the Army to conduct a full and thorough investigation into any and all allegations of mistreatment or abuse of detainees in Iraq;

(5) urges the Secretary of the Army and appropriate military authorities to undertake corrective action to address chain of command deficiencies and the systemic deficiencies identified in the incidents in question;

(6) urges the Secretary of the Army to bring to swift justice any member of the Armed Forces who has violated the Uniform Code of Military Justice to ensure that their actions are not allowed to impugn the integrity of the United States Armed Forces or undermine the United States mission in Iraq;

(7) reaffirms the need for Congress to be frequently updated on the status of efforts by the Department of Defense to address and resolve issues identified in this resolution;

(8) expresses the deep appreciation of the Nation to the courageous and honorable members of the Armed Forces who have selflessly served, or who are currently serving, in Operation Iraqi Freedom;

(9) expresses the support and thanks of the Nation to the families and friends of the soldiers, Marines, airmen, sailors, and Coast Guardsmen who have served, or who are serving, in Operation Iraqi Freedom; and

(10) expresses the continuing solidarity and support of the House of Representatives and the American people for the partnership of the United States with the Iraqi people in building a viable Iraqi government and a secure nation.

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(Mr. HOYER asked and was given permission to revise and extend his remarks.)

Mr. HOYER. Mr. Speaker, the fact that we are on this floor today considering a resolution condemning outrageous conduct by American soldiers and perhaps some civilians against defenseless Iraqi detainees is an unmitigated and shameful embarrassment for this Nation. This abuse, which is as criminal as it is un-American, demands full accountability. And full accountability must be demanded not just at the bottom of the military chain of command, but for the highest ranking military and civilian officials who knew or should have known about this behavior and either turned a blind eye to it or failed to immediately address it.

Let us be clear. The buck should not and it must not stop with a 20-year-old enlisted man or woman who may well have thought they were acting within the framework of a psychology that permitted them to demean and deny basic decency of treatment to detainees.

Mr. Speaker, 43 years ago, I stood in front of this Capitol building as President Kennedy told the American people in one of the most famous inaugural addresses in our history that Americans, he said, are "unwilling to witness or permit the slow undoing of those human rights to which this Nation has always been committed and to which," he said, "we are committed today at home and around the world."

Mr. Speaker, I believe we are still committed to those. That is the America that every Member of this body knows and loves; an America that stands for the rights and dignity of every human being; an American America that fights oppression, inhumanity, and intolerance wherever it rears its head.

This Congress, the elected representatives of 290 million Americans, must fulfill its constitutional duty as a co-equal branch of government and demand accountability for these criminal acts. This means that we must hold hearings so that the American people and all the world know the truth about this episode.

I am pleased to see the chairman of the committee is holding hearings. Some 4 days ago, he said they were not necessary and the leader of his party said they were not necessary. Those who perpetrated these criminal acts and those who created the environment in which such acts were thought to be acceptable should be, must be, held accountable.

Today we learn that the Secretary of Defense has known for months that prisoners in Iraq and Afghanistan have been humiliated, beaten, tortured, and even murdered. Twenty-five prisoners have died in U.S. custody. And, still, there is virtually no accountability for those deaths. No House congressional inquiry, no presidential or secretarial condemnation, and no end.

The buck must stop somewhere. Private admonishments are not sufficient. Full public accountability must be demanded. If the Secretary of Defense failed to perform his duty, he should be held responsible. If anybody below him failed to perform their responsibility, they too should be held responsible, as should those perpetrators.

Mr. Speaker, it is nothing short of tragic that this indefensible conduct threatens to overshadow the extraordinary courage and sacrifice of our brave men and women in our Armed Forces. I have supported their efforts and supported the President in removing Saddam Hussein. We have liberated 25 million Iraqis from the clutches of a ruthless dictator. How proud we are of our men and women in uniform.

The only way we can remove that dark cloud that now hangs over their noble efforts is to ensure that those who have acted outside the law are required to answer to it and those who allowed it to go unchecked and unpunished are removed from positions of responsibility.

Finally, Mr. Speaker, let me say that the damage inflicted upon our image and standing in the world is incalculable. As Tom Friedman pointed out in the New York Times this morning, it has been quoted before but let me quote it again: "We are in danger," he said, "of losing something much more important than just the war in Iraq. We are in danger of losing America as an instrument of moral authority and inspiration in the world."

I will offer a motion to recommit, which makes more clear our outrage and more pointed our demand for full investigation and responsibility. I urge my colleagues to support it.

I thank the gentleman for yielding me this time.

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Mr. HOYER. Mr. Speaker, first, let me say to the gentleman from California (Mr. Cox) that I associate myself with his remarks and thank him for those comments. Let me say to my friend, the chairman of the Committee on Armed Services, he and I voted together probably 95 percent on issues of defense.

[Time: 14:15]

I will tell my friend, he has repeated the fact that we knew this in January at least four or five times, that I have heard. If that is the case, and I take him at his word, frankly, I did not focus on it, the chairman did not focus on it, there have been no hearings, there have been no investigations. It is a shameful reality that perhaps some knew this as early as January, and we are here today, some 4 months later, with the public getting that information and the Members of Congress being energized by it. And this resolution did not come from your committee, I say to my friend, until almost mid-May, notwithstanding the fact that you read that disclosure over and over and over again.

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