U.S. War Prisons Legal Vacuum for 14,000

A detainee in an outdoor solitary confinement cell talks with a military policeman at the Abu Ghraib prison on the outskirts of Baghdad, Iraq in this June 22, 2004 file photo. When the Americans formally turned over Abu Ghraib prison to Iraqi control on Sept. 2,2006 it was empty but its 3,000 prisoners remained in U.S. custody, shifted to Camp Cropper. (AP Photo/John Moore, File) (John Moore - AP)

In his Sept. 6 speech, Bush acknowledged for the first time the existence of the CIA's secret prisons, believed established at military bases or safehouses in such places as Egypt, Indonesia and eastern Europe. That network, uncovered by journalists, had been condemned by U.N. authorities and investigated by the Council of Europe.

The clandestine jails are now empty, Bush announced, but will remain a future option for CIA detentions and interrogation.

Louise Arbour, U.N. human rights chief, is urging Bush to abolish the CIA prisons altogether, as ripe for "abusive conduct." The CIA's techniques for extracting information from prisoners still remain secret, she noted.

Meanwhile, the U.S. government's willingness to resort to "extraordinary rendition," transferring suspects to other nations where they might be tortured, appears unchanged.

Prosecutions and Memories

The exposure of sadistic abuse, torture and death at Abu Ghraib two years ago touched off a flood of courts-martial of mostly lower-ranking U.S. soldiers. Overall, about 800 investigations of alleged detainee mistreatment in Iraq and Afghanistan have led to action against more than 250 service personnel, including 89 convicted at courts-martial, U.S. diplomats told the United Nations in May.

Critics protest that penalties have been too soft and too little has been done, particularly in tracing inhumane interrogation methods from the far-flung islands of the overseas prison system back to policies set by high-ranking officials.

In only 14 of 34 cases has anyone been punished for the confirmed or suspected killings of detainees, the New York-based Human Rights First reports. The stiffest sentence in a torture-related death has been five months in jail. The group reported last February that in almost half of 98 detainee deaths, the cause was either never announced or reported as undetermined.

Looking back, the United States overreacted in its treatment of detainees after Sept. 11, said Anne-Marie Slaughter, a noted American scholar of international law.

It was understandable, the Princeton University dean said, but now "we have to restore a balance between security and rights that is consistent with who we are and consistent with our security needs."

Otherwise, she said, "history will look back and say that we took a dangerous and deeply wrong turn."

Back here in Baghdad, at the Alawi bus station, a gritty, noisy hub far from the meeting rooms of Washington and Geneva, women gather with fading hopes whenever a new prisoner release is announced.

As she watched one recent day for a bus from distant Camp Bucca, one mother wept and told her story.

"The Americans arrested my son, my brother and his friend," said Zahraa Alyat, 42. "The Americans arrested them October 16, 2005. They left together and I don't know anything about them."

The bus pulled up. A few dozen men stepped off, some blindfolded, some bound, none with any luggage, none with familiar faces.

As the distraught women straggled away once more, one ex-prisoner, 18-year-old Bilal Kadhim Muhssin, spotted U.S. troops nearby.

"Americans," he muttered in fear. "Oh, my God, don't say that name," and he bolted for a city bus, and freedom.

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EDITOR'S NOTE _ The Associated Press staff in Baghdad and AP writers Andrew Selsky in San Juan, Puerto Rico; Matthew Pennington in Kabul, Afghanistan; Anne Plummer Flaherty in Washington, and Charles J. Hanley in New York contributed to this report.