VP Torture: "Insufficient Evidence to Prove/Disprove"

As I speculated here, the Army inquiry into the alleged torture of Former Iraqi Vice President Taha Yassin Ramadan has been stymied. According to Army Criminal Investigation Command spokesman Christopher Grey: 'We did conduct an investigation into the allegations made by Taha Yassin Ramadan... The investigation is closed. There was insufficient evidence to either prove/disprove the allegation.'

In an email to Jurist: Paper Chase, Ramadan's defense lawyer, Giovanni di Stefano, responded:

The US military have conceded, quite correctly, that an investigation was held into allegations of torture by Taha Ramadan. The year was 2003 and we have seen already what the US military did to Iraqi prisoners that year.

There was photographic evidence from Abu Gharib Prison. There is, to the best of my knowledge, no such evidence in the case of Taha Ramadan. What is shocking however, is that the US military, again quite properly, can neither confirm 'or deny' the acts of torture complained of by Taha Ramadan.

This is of some serious concern. Not only must Taha Ramadan now face the inevitable act of being murdered by the State of Iraq after having received life imprisonment but the foundation to the trial were potential acts of torture committed by the US military who are unable to deny that such acts were committed. If ever an accused requires (even if guilty) an act of clemency it is Taha Ramadan. I have referred this matter to Louise Arbour, the UN Human Rights Commissioner, but there is little that she can do. The only body that are lawfully able to intervene are the US military with or without political command. No military are compelled to obey orders from political bodies that may constitute crimes. Handing over Taha Ramadan to the Iraqi Government may well be a criminal act since it is common ground he has not received a fair trial. In her amicus brief Louise Arbour states clearly that Taha Ramadan et al has not received a fair trial. It follows thus that any of the US military who do hand him over for the purpose of execution are capable of indictment for conspiracy. I urge the US military commander in Iraq to wilfully refuse any order from political sources failing which he and any who participate may be indicted. For the sake of justice Taha Ramadan should be spared.