A confidential report to Army generals in Iraq in December 2003 warned that members of an elite military and CIA task force were abusing detainees, a finding delivered more than a month before Army investigators received the photographs from Abu Ghraib prison that touched off investigations into prisoner mistreatment.
The report, which was not released publicly and was recently obtained by The Washington Post, concluded that some U.S. arrest and detention practices at the time could "technically" be illegal. It also said coalition fighters could be feeding the Iraqi insurgency by "making gratuitous enemies" as they conducted sweeps netting hundreds of detainees who probably did not belong in prison and holding them for months at a time.
The investigation, by retired Col. Stuart A. Herrington, also found that members of Task Force 121 -- a joint Special Operations and CIA mission searching for weapons of mass destruction and high-value targets including Saddam Hussein -- had been abusing detainees throughout Iraq and had been using a secret interrogation facility to hide their activities.
Herrington, who is considered an expert in human intelligence operations, ran programs during Operation Desert Storm and in Panama and was part of the controversial Phoenix Program, which targeted the roots of the Viet Cong insurgency in Vietnam. He compiled his report after a week-long trip to Iraq beginning Dec. 2, 2003, joined by a military intelligence officer and an Army intelligence official from the Pentagon.
http://www.washingtonpost.com/ac2/wp-dyn/A23372-2004Nov30?language=printer