Twenty cases of detainee abuse allegations against CIA and Defense Department employees have been referred to the Justice Department for possible prosecution since the beginning of the war in Afghanistan, a senior U.S. official said in a letter released on Tuesday. Assistant Attorney General William Moschella said in a January 17 letter to Sen. Richard Durbin, an Illinois Democrat, that the cases span both the Afghanistan and Iraq wars and contain not only allegations of physical abuse but also possible violations of federal law and U.S. treaties.
Civil liberties advocates said the cases involve civilian interrogators and showed a double-standard in light of recent convictions of lower-ranking soldiers accused of abuse. Only one CIA case has resulted in a criminal indictment. In that case, former CIA contractor David Passaro has been charged in North Carolina in a federal case involving the 2003 death of an Afghan detainee. Moschella said the other 19 cases referred to the Justice Department have been reviewed by a federal prosecution task force in Virginia. Two have been closed for lack of sufficient evidence, and all others remain under investigation. "It is now clear that enlisted men and women in a soldier's uniform are being convicted while CIA agents and civilian contractors who allegedly participated in the same crimes remain free," Christopher Anders, legislative counsel for the American Civil Liberties Union, said in a statement.
WAR ZONES
Administration officials said the investigation of detainee abuse cases by civilian investigators required extended periods of time because alleged acts often occur in war zones where the alleged victims can be difficult to
track down. "The president has directed that detainees be treated humanely," said Justice Department spokeswoman Cynthia Magnuson. "The U.S. continues to aggressively investigate credible allegations of abuse and to hold individuals responsible for wrongdoing." She declined to comment about the cases disclosed in the Justice Department letter because of ongoing investigations. Moschella was writing in response to a letter Durbin sent to Attorney General Alberto Gonzales in November seeking details of abuse case referrals to the Justice Department from the Defense Department and the CIA.
"Since the beginning of the conflict in Afghanistan, the Defense Department has referred 11 allegations of detainee abuse to the (Justice) Department, and another agency has referred nine allegations of detainee abuse," the assistant attorney general wrote. A copy of the letter was obtained by Reuters. Defense Department spokeswoman Cynthia Smith had no immediate comment on the letter, which she had not seen. "It is our policy that all detainees are treated humanely and to report any suspected detainee mistreatment and investigate that thoroughly,"
Smith said. CIA spokesman Paul Gimigliano said: "The letter from the Department of Justice speaks for itself. I have nothing to add to it."
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