State Department cable to the U.S. Mission in Venna to deliver remarks of Sec. Powell to the Organization for Security and Co-operation in Europe May 13, 2003. The points to make are i) The Military Commissions will be impartial; ii) there is a presumption of innocence of the accused iii) a death penalty decision can only be imposed by a unanimous decision of the panel members; iv) the accused are not required to testify, and no adverse inference may be drawn from a refusal to testify; v) the proceedings will be open to the public to the maximum extent possible; vi) the accused my present witnesses and evidence, and cross-examine witnesses and challenge evidence presented against him; vii) the accused will be represented by counsel; and viii) the prosecutor will provide the accused of evidence intended to be presented at trial and exculpatory evidence.
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KODAKD.013002
DRAFTED BY: EUR/RPM:HTROUTMAN -- 05/04/04 67291
APPROVED BY: EUR/RPM:DRUSSELL
EUR/RPM:DWAKE DRL:MBUTLER L/HRR:RHARRIS
L/ACV:ECUMMINGS NEA/NGA:RRYU NEA/PPD:RSHORE
D:EYOUNG P:BBRINK S/WCI:RMILLER S/P:MMARCICH
PA:AERELI IO/UNP:BMILTON PM/RSAT:FRUGGIERO
DOD/J-5:JDIENNO DOD/OSD:ALIOTTA
1CDO4D 130211Z /38
O P 130208Z MAY 04
FM SECSTATE WASHDC
TO USMISSION USOSCE IMMEDIATE
INFO OSCE POST COLLECTIVE PRIORITY
UNCLAS STATE 106534
E.O. 12958: N/A
TAGS: PREL, MOPS, PHUM, OSCE, IZ
SUBJECT: OSCE PC GUIDANCE: INTERVENTION ON «TREAMENT»
OF «DETAINEES» IN «IRAQ»
REF: 5-11 HELWIG-TROUTMAN E-MAIL
1. POST IS AUTHORIZED TO MAKE THE FOLLOWING STATEMENT
AT THE MAY 13 PC MEETING IN VIENNA:
BEGIN TEXT:
MR. CHAIRMAN,
EVERYONE AROUND THIS TABLE IS AWARE THAT THERE HAVE
BEEN REVELATIONS OF ABUSE AND HUMILIATION OF IRAQI
«INEUMMES» IN AMERICAN CUSTODY IN «IRAQ».
WE HAVE ALL SEEN THE PICTURES IN THE MEDIA. THEY ARE
SHOCKING AND SHAMEFUL. THE ACTS THEY DEPICT ARE
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UNITED STATES DEPARTMENT OF STATE REVIEW AUTHORITY: SHARON E AHMAD
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DATE/CASE ID: 19 OCT 2004 200303827
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DESPICABLE AND DISGUSTING. PRESIDENT BUSH HAS
ACKNOWLEDGED THAT THEY ARE A STAIN ON OUR COUNTRY'S
HONOR AND REPUTATION, AND ARE AN OFFENSE TO THE
AMERICAN PEOPLE. AS THE PRESIDENT SAID TO ARABIC
MEDIA "OUR CITIZENS IN AMERICA ARE APPALLED BY WHAT
THEY SAW, JUST LIKE PEOPLE IN THE MIDDLE EAST ARE
APPALLED."
AS A PARTICIPATING STATE OF THE OSCE AND A STATE PARTY
TO MULTIPLE TREATIES DEALING WITH THE HUMANE «MMUMMWT»
OF PEOPLE IN CUSTODY, THE «UNITED» «STATES» IS WORKING TO
FULFILL ITS OBLIGATIONS TO BRING THE PERPETRATORS OF
THE ABUSE TO JUSTICE AND TO TAKE STEPS TO ENSURE THAT
SUCH ACTS DO NOT OCCUR AGAIN.
I WILL TELL THIS COUNCIL HOW THE «UNITED» «STATES»
GOVERNMENT HAS RESPONDED:
FIRST, SENIOR U.S. OFFICIALS, INCLUDING THE PRESIDENT,
HAVE MADE CLEAR THAT THESE ACTS WERE ABHORRENT AND
UNACCEPTABLE. BOTH THE PRESIDENT AND THE SECRETARY OF
DEFENSE HAVE COMMITTED TO THE VIGOROUS INVESTIGATION
AND TRANSPARENT PURSUIT OF THE FACTS TO DETERMINE THE
FULL EXTENT OF THESE ABUSES.
SECOND, WE HAVE TAKEN STEPS TO ENSURE THAT THOSE
RESPONSIBLE WILL BE BROUGHT ,TO JUSTICE.
THE U.S. GOVERNMENT HAS ALREADY CHARGED SEVEN MILITARY
PERSONNEL WITH CRIMINAL OFFENSES, OFFICIALLY
REPRIMANDED SEVERAL OTHERS, AND RELIEVED TWO OFFICERS
OF COMMAND. SEVERAL INVESTIGATIONS ARE STILL OPEN.
ALL ALLEGATIONS OF MISTREATMENT WILL BE INVESTIGATED.
FAIR JUDICIAL PROCESSES WILL DETERMINE WHO IS GUILTY
THROUGH TRANSPARENT AND FAIR PROCEDURES.
THOSE CONVICTED OF THESE ABUSES WILL BE PUNISHED IN
ACCORDANCE WITH THE RULE OF LAW.
THIRD, THE U.S. SECRETARY OF DEFENSE ANNOUNCED THAT
THE «UNITED» «STATES» IS BEGINNING TO WORK ON THE ISSUE OF
COMPENSATION FOR THE VICTIMS OF THE ABUSE.
FOURTH, THE «UNITED» «STATES» IS ACTING WITH DISPATCH TO
ENSURE THAT THESE ABUSES ARE NOT REPEATED. ALL PRISON
OPERATIONS IN «IRAQ» WILL BE THOROUGHLY REVIEWED.
BRIGADIER GENERAL MARK KIMMITT, DEPUTY DIRECTOR OF
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DOS-002402
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COALITION OPERATIONS IN «IRAQ», HAS ALSO OUTLINED
ADDITIONAL STEPS, INCLUDING AN INTERNAL REVIEW TO
ENSURE COMMAND STRUCTURES ACCURATELY REPORT EVENTS UP
AND DOWN THE CHAIN OF COMMAND, AND TO ENSURE PRISON
GUARDS RECEIVE PROPER TRAINING.
MAJOR GENERAL GEOFFREY MILLER HAS BEEN APPOINTED AS
THE NEW COMMANDER OF «DETAINEE» OPERATIONS IN «IRAQ». HE
IS SPEAKING OPENLY TO THE PUBLIC AND HAS BROUGHT THE
PRESS INTO THE ABU GHRAIB PRISON.
MR. CHAIRMAN, PRESIDENT BUSH HAS APOLOGIZED TO THOSE
WHO WERE ABUSED, AND TO THEIR FAMILIES. AMERICANS
BELIEVE IN THE WORTH AND RIGHTS AND DIGNITY OF EVERY
PERSON.
THE U.S. MILITARY IS A VALUES-BASED ORGANIZATION
COMMITTED TO RESPECTING THE INTERNATIONAL LAW OF ARMED
CONFLICT. THE GREAT MAJORITY OF U.S. SERVICE MEMBERS
CONDUCT THEMSELVES IN STRICT ACCORDANCE WITH THIS BODY
OF LAW, AS THEY ARE TRAINED TO DO, AND REPRESENT
THEMSELVES AND THE «UNITED» «STATES» HONORABLY.
AS PRESIDENT BUSH HAS SAID, ONE OF THE KEY DIFFERENCES
BETWEEN DEMOCRACIES AND DICTATORSHIPS "IS THAT FREE
COUNTRIES CONFRONT SUCH ABUSES OPENLY AND DIRECTLY."
SADLY, NO COUNTRY IS IMMUNE FROM ABUSES, BUT IN A
DEMOCRACY, THOSE WHO ABUSE POWER ARE BROUGHT TO
JUSTICE. FAR FROM TRYING TO HIDE THESE ABUSES, THE
«UVITED» «STATES» HAS CONFRONTED THEM IN FULL PUBLIC VIEW,
AS DEMOCRACY DEMANDS.
THE «OWITED» «STATES» IS COMMITTED TO PROMOTING AND
PROTECTING HUMAN RIGHTS -- INCLUDING THOSE OF
INDIVIDUALS DETAINED IN «IRAQ».
WE TAKE OUR OSCE COMMITMENTS SERIOUSLY. WE WILL
CONTINUE TO KEEP THE PERMANENT COUNCIL APPRISED OF THE
SITUATION AS INVESTIGATIONS PROCEED.
THANK YOU.
POWELL
NNNN
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