General Took Guantánamo Rules
to Iraq for Handling of Prisoners
By TIM GOLDEN and ERIC SCHMITT / Ny Times / May 13, 2004
When Maj. Gen. Geoffrey
D. Miller arrived in Iraq last August with a team of military
police and intelligence specialists, the group was confronted by chaos.
In one prison yard, a detainee was being held in a scorching hot shipping container
as punishment, one team member recalled. An important communications antenna
stood broken and unrepaired. Prisoners walked around barefoot, with sores on
their feet and signs of untreated illness. Garbage was everywhere.
Perhaps most important, with the insurgency raging in Iraq, there was no effective
system at the prisons for wringing intelligence from the prisoners, officials
said.
"
They had no rules for interrogations," a military officer who traveled to
Iraq with General Miller said. "People were escaping and getting shot.
We tried to offer them some very basic recommendations."
According to information from a classified interview with the senior military
intelligence officer at Abu Ghraib prison, General Miller's recommendations
prompted a shift in the interrogation and detention procedures there. Military
intelligence
officers were given greater authority in the prison, and military police guards
were asked to help gather information about the detainees.
Whether those changes contributed to the abuse of prisoners that grew horrifically
more serious last fall is now at the center of the widening prison scandal.
General Miller's recommendations were based in large part on his command
of the detention camp in Guantánamo Bay, Cuba, where he won praise
from the Pentagon for improving the flow of intelligence from terrorist suspects
and prisoners
of the Afghanistan war.
In Iraq, General Miller's team gave officers at the prisons copies
of the procedures that had been developed at Guantánamo to interrogate
and punish the prisoners, according to the officer who traveled with him.
Computer
specialists
and intelligence
analysts explained the systems they had used in Cuba to process information
and report it back to the United States.
General Miller also recommended streamlining the command structure
at the prisons, much as was done when military intelligence and military
police units
were
merged when he took command of Joint Task Force Guantánamo in November
2002.
But to at least a few of the officers who met General Miller in Iraq,
the Abu Ghraib crisis was partly rooted in what they described as his determination
to apply his Guantánamo experience in Iraq. Senators raised similar
concerns on Tuesday at the Armed Services Committee.
General Miller and some of his former aides have dismissed the notion that
his visit to Iraq helped unleash the abuses. They argue that if his prescriptions
had any link to the problems there, it was because they were misinterpreted
by
ineffective commanders in a chaotic environment.
"
When you don't have rules and you let lower-level people decide things on an
arbitrary and capricious basis, you're going to have problems," the officer
who accompanied General Miller said. "Our reference to techniques was
to say, `You need a policy.' "
A Democratic Senate aide who reviewed General Miller's report on the Iraqi
prisons said he had sought to revamp the intelligence apparatus in Iraq primarily
to
improve the collection and transmission of broader, strategic information about
the insurgency that was particularly important to senior military officials.
To those officials, the work at Guantánamo by General Miller, a former
paratrooper from Menard, Tex., made him an obvious candidate for Iraq.
By the time he took over in Cuba, most of the detainees there had been in custody
for nearly a year. Still, General Miller was credited by Pentagon officials
with using interrogations there to produce a valuable historical account of
the workings
and financing of terrorist training camps in Afghanistan, among other subjects,
officials said.
His hard-charging attitude has also raised questions that go beyond interrogation
methods. He was the official most responsible for pressing a case last year
against a Muslim chaplain at the base, Capt. James J. Yee, that was initially
billed
as a major episode of espionage. In March, the military announced that it would
drop all charges.
At the Senate hearing on Tuesday, the deputy commander of American forces in
the Middle East, Lt. Gen. Lance Smith, said General Miller, now the chief of
interrogations and detentions in Iraq, had made it clear to the officers he
briefed on his 10-day visit to Iraq that some of the procedures developed in
Cuba could
not be applied there.
But despite the vast differences between the settings, two officials who worked
with General Miller in Cuba suggested that he offered very similar solutions
to some problems he found in Iraq.
Maj. Gen. Antonio M. Taguba, in his report on Iraqi prison abuses,
said General Miller's recommendation of a guard force that "sets the conditions for the
successful interrogation and exploitation of internees/detainees" violated
Army doctrine; the report hinted that it might also have contributed to the
abuses.
The Taguba report also highlighted General Miller's recommendation
that commanders in Iraq form and train a prison guard force "subordinate to the Joint Interrogation
Debriefing Center (J.I.D.C.) Commander" that "sets the conditions
for the successful interrogation and exploitation of internees/detainees."
The former director of that interrogation center, Lt. Col. Steve Jordan, was
implicated in the abuses by General Taguba and is under investigation in a
separate military inquiry.
At Guantánamo the role of guards in intelligence gathering
was largely limited to observing the detainees' behavior and trying to detect
their leaders,
according to interrogators who worked there.
A fundamental difference between Iraq and Guantánamo was the Bush administration's
determination that the Geneva Conventions did not govern the treatment of the
detainees in Cuba. However, military officers who served in Cuba said the controls
on coercive interrogation methods appeared to have been stronger at Guantánamo
than they were in Iraq.
Because the administration had designated the Taliban and Al Qaeda detainees
at Guantánamo as "enemy combatants" — to whom it would
accord humane treatment but not other rights granted by the Conventions — military
officers in Cuba soon grew concerned that they were operating without clear
rules.
According to several officers who served at Guantánamo, the methods, begun
in early 2002, included depriving detainees of sleep; leaving them in cold, air-conditioned
rooms; placing them in "stress positions"; and forcing them to stand
or crouch for long periods, sometimes with their arms extended, until exhausted.
Even before General Miller's arrival at Guantánamo, the military
lawyer who had taken over as the staff judge advocate there, Lt. Col. Diane
Beaver,
sought formal clarification of what were acceptable interrogation methods,
Pentagon officials said. That request prompted a broad legal review of interrogation
techniques
by a working group of Pentagon lawyers.
When the review was completed in February 2003, it included a spreadsheet
with 24 approved techniques, officials who viewed it said. For each method,
the
matrix indicated whether it posed problems under various United States and
international
laws, and at what level of the military bureaucracy it needed to be approved.
The following month, a brief document spelling out specific guidelines for
approved interrogation techniques was sent to Guantánamo.
General Miller and another officer on his team said they urged commanders
in Iraq to draft their own guidelines. A chart of approved techniques, entitled
the "Interrogation Rules of Engagement," was drawn up for American
forces in Iraq on Oct. 12, 2003, barely a month after General Miller's visit.
"
The recommendations that the team and I made was about how you could improve
the interrogation process and the development and collection of intelligence," General
Miller told reporters last Saturday. "Those recommendations that were
made were based on the system that provided humane detention and excellent
interrogation."
Three officials familiar with the methods approved for Guantánamo said
they appeared to be more restrictive than those promulgated for Iraq. At Guantánamo,
methods like extended isolation and putting detainees into "stress positions" require
approval from senior Pentagon officials; in Iraq, they need only that of the
task force commander.Tim Golden reported from New York for this article and
Eric Schmitt from Washington.
Copyright 2004 The New York Times Company