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OSD:

• Established Deputy Assistant Secretary of Defense for Detainee Affairs (DASD-DA) office.

• Established a Joint Detainee Coordination Committee on Detainee Affairs chaired by DASD-DA.

Issued policy "Procedures for Investigations into the Death of Detainees in the Custody of the Armed Forces of the U.S.”

• Issued policy "Handling of Reports from the International Committee of the Red Cross."

• Initiated a department wide review of detainee-related policy directives. As part of that department wide review of detainee-related policy directives, the Judge Advocate General will review all policies and directives in order to ensure their compliance with the Geneva Conventions.

[Whereupon, at 12:35 p.m., the committee adjourned.]

CONTINUE TO RECEIVE TESTIMONY ON ALLEGATIONS OF MISTREATMENT OF IRAQI PRISONERS

TUESDAY, MAY 11, 2004

COMMITTEE ON ARMED SERVICES,

U.S. SENATE,

Washington, DC.

The committee met, pursuant to notice, at 2:34 p.m. in room SD106, Dirksen Senate Office Building, Senator John Warner (chairman) presiding.

Committee members present: Senators Warner, McCain, Inhofe, Roberts, Allard, Sessions, Collins, Talent, Chambliss, Graham, Levin, Kennedy, Byrd, Lieberman, Reed, Akaka, Bill Nelson, E. Benjamin Nelson, Dayton, Clinton, and Pryor.

Committee staff member present: Judith A. Ansley, staff director. Majority staff members present: Charles W. Alsup, professional staff member; L. David Cherington, counsel; Elaine A. McCusker, professional staff member; Paula J. Philbin, professional staff member; Lynn F. Rusten, professional staff member; and Richard F. Walsh, counsel.

Minority staff members present: Richard D. DeBobes, Democratic staff director; Daniel J. Cox, Jr., professional staff member; Jeremy L. Hekhuis, professional staff member; Gerald J. Leeling, minority counsel; and William G.P. Monahan, minority counsel.

Staff assistants present: Michael N. Berger, Andrew W. Florell, Sara R. Mareno, and Bridget E. Ward.

Committee members' assistants present: Christopher J. Paul, assistant to Senator McCain; John A. Bonsell, assistant to Senator Inhofe; Darren M. Dick, assistant to Senator Roberts; Lance Landry, assistant to Senator Allard; Derek J. Maurer, assistant to Senator Collins; Clyde A. Taylor IV, assistant to Senator Chambliss; Meredith Moseley, assistant to Senator Graham; Mieke Y. Eoyang, assistant to Senator Kennedy; Erik Raven, assistant to Senator Byrd; Frederick M. Downey, assistant to Senator Lieberman; Elizabeth King, assistant to Senator Reed; Davelyn Noelani Kalipi, assistant to Senator Akaka; Eric Pierce, assistant to Senator Ben Nelson; Andrew Shapiro, assistant to Senator Clinton; and Terri Glaze and Randy Massanelli, assistants to Senator Pryor.

OPENING STATEMENT OF SENATOR JOHN WARNER,

CHAIRMAN

Chairman WARNER. Good afternoon. The Armed Services Committee reconvenes for a second panel to resume our hearing, a series of hearings regarding the mistreatment of Iraqi prisoners by some elements and certain personnel, few in number, I hope, of our Armed Forces, in violation of the United States Constitution and laws and international laws.

Testifying before us are Lieutenant General Keith B. Alexander, Deputy Chief of Staff, G-2, United States Army-General Alexander is the senior intelligence officer in the Army; Major General Ronald L. Burgess, Director for Intelligence, J-2, Joint Staff; and Major General Thomas J. Romig, Judge Advocate General (JAG) for the United States Army.

We're privileged to have you here. I thank you, Secretary Rumsfeld, and the Acting Secretary of the Army, Les Brownlee, for facilitating your presence here today.

Senator Levin, you can make any comments you want.

STATEMENT OF SENATOR CARL LEVIN

Senator LEVIN. Thank you, Mr. Chairman.

Let me add my welcome to our three witnesses this afternoon. We all appreciate their appearing before us.

This morning, General Taguba agreed with the conclusion of the International Committee of the Red Cross (ICRC), based on the evidence presented to him, that coercive practices, such as holding prisoners naked for an extended period of time, were a systematic part of the intelligence process at Abu Ghraib.

Additionally, we heard from Under Secretary Cambone that stressful and harsh approaches, including sleep deprivation and use of dogs, could be approved by the commander. But that doesn't square with the statements by the witnesses that the Geneva Conventions provisions and principles were supposed to be followed, since they don't allow for such practices. For instance, Article 31 of the fourth Geneva Conventions states that "no physical or moral coercion shall be exercised against protected persons, in particular to obtain information from them or from third parties." I hope that our witnesses this afternoon will address, in great detail, that issue.

Finally, Mr. Cambone said this morning that one of General Miller's recommendations for Iraq was to dedicate and train a detention guard force, subordinate to an intelligence commander, who would set the conditions for successful interrogation. But General Taguba told us this morning that under Army doctrine that should not be the function of a guard force. So that is also an issue which I hope our witnesses will address, along with a multitude of other matters which I know are before this committee.

Thank you, Mr. Chairman.

Chairman WARNER. Thank you, Senator Levin.

Gentlemen, will you kindly stand and raise your right hands? [Witnesses sworn.]

General Alexander and other witnesses, I presume each of you has a brief opening statement. Your entire statements will be ad

If you will proceed, General Alexander.

STATEMENT OF LTG KEITH B. ALEXANDER, USA, DEPUTY CHIEF OF STAFF, G-2; ACCOMPANIED BY MG RONALD L. BURGESS, JR., USA, DEPUTY CHIEF OF STAFF, J-2; AND MG THOMAS J. ROMIG, USA, JUDGE ADVOCATE GENERAL

General ALEXANDER. Chairman Warner, Senator Levin, and members of the committee, on behalf of the men and women of the United States Army Intelligence, we appreciate the opportunity to appear before you today. With me today is Major General Ron Burgess, J-2, Joint Staff, and Major General Tom Romig, the JAG of the Army. I am making this statement on behalf of the three of us. First, let me assure you that we find the alleged abuses of detainees in Abu Ghraib prison, Iraq, totally reprehensible. Army Intelligence neither condones, nor tolerates, these actions. Furthermore, we would like to emphasize that Army Intelligence soldiers are trained to abide by the highest standards for the humane treatment of all personnel in the custody of our soldiers worldwide.

We conduct extensive legal training for all of our Army Intelligence professionals, especially interrogators, in the law of war and the provisions of the Geneva Conventions of 1949. Our training manuals specifically prohibit the abuse of detainees, and we ensure all of our soldiers trained as interrogators receive this training.

Geneva Conventions protocols are reinforced during each practical exercise. Sir, there are 12 practical exercises that the interrogators go through, each of those last 2 hours. An interrogator will flunk an exercise should he or she inadvertently violate a Geneva Accord.

The contemptible behavior of a few soldiers does not represent the professionalism, dedication, and compassion demonstrated by the majority of soldiers in Iraq. Commanders and soldiers at every level have the duty to respect and follow the established international laws of armed conflict, and to treat everyone, to include those within our military detention facilities, with dignity and decency in the same ways that we expect to be treated, as Americans. Those soldiers who mistreated or humiliated detainees will be brought to justice swiftly. Again, the Army does not condone or tolerate such behavior.

The allegations of misconduct at Abu Ghraib have hit at the very core values of our Nation, the Department of Defense (DOD), and the Army, causing us grave concern, and prompting a very focused and thorough review of these incidents. Senior leaders at all levels take every report seriously, and expect an extensive investigation of every allegation.

The Combined Joint Task Force-7 (CJTF-7) in Iraq has an ongoing investigation of allegations that intelligence soldiers were involved in the abuse of detainees in Abu Ghraib. This investigation, called a Procedure 15, is currently ongoing and being conducted by Major General Fay for Lieutenant General Sanchez, and will identify and report questionable intelligence activities that may have violated law, executive order, or presidential directive.

Army Intelligence will not tolerate soldiers who violate the dignity and rights of others, to include those whom we have detained. We remain steadfastly committed to dealing expeditiously with any

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