otp.informationdesk@icc-cpi.int

Dear Information and Evidence Unit,

I would like you to prosecute war crimes carried out in Iraq by private contractors. Specifically, breaches of the UN Convention on Torture and the 3rd and 4th Geneva Conventions commited by Steven Stephanowicz and Daniel Johnson and their employer CACI in Abu Ghraib in 2003.

There is existing evidence against these two in the US army investigations commonly known as the Taguba Report [1] and the Fay report [2], and the US Army called for their prosecution. Victim testimony has been used in US civil cases brought by the Center for Constitutional Rights who I am sure would make it available to an I.C.C. prosecution [3].

The CCR claim "Among the heinous acts to which the four Plaintiffs were subjected at the hands of the defendant and certain government co-conspirators were: electric shocks; repeated brutal beatings; sleep deprivation; sensory deprivation; forced nudity; stress positions; sexual assault; mock executions; humiliation; hooding; isolated detention; and prolonged hanging from the limbs."

After six years, there is no indication that the US Department of Justice are going to prosecute these crimes, despite the rapid prosecution of low-ranked soldiers involved in the same crimes.

sincerely,



[1] Taguba Report:
 http://www.npr.org/iraq/2004/prison_abuse_report.pdf

[2] Fay Report:
 http://news.findlaw.com/hdocs/docs/dod/fay82504rpt.pdf

[3] Al Shimari v. CACI lawsuit”
 http://ccrjustice.org/files/5.20.08_First_Amended_Complaint15.pdf


"Mr. Steven Stephanowicz, Contract US Civilian Interrogator, CACI, 205th Military Intelligence Brigade, be given an Official Reprimand to be placed in his employment file, termination of employment, and generation of a derogatory report to revoke his security clearance for the following acts which have been previously referred to in the aforementioned findings:
• Made a false statement to the investigation team regarding the locations of his interrogations, the activities during his interrogations, and his knowledge of abuses.
• Allowed and/or instructed MPs, who were not trained in interrogation techniques, to facilitate interrogations by “setting conditions” which were neither authorized and in accordance with applicable regulations/policy. He clearly knew his instructions equated to physical abuse".

- Major General Antonio M.Taguba, Article 15-6 Investigation of the 800th Military Police Brigade


"A photograph created circa early December 2003 depicts an unidentified detainee being interrogated by Daniel Johnson, CACI, Interrogator, and Etaf Mheisen, Titan, linguist. The detainee is squatting on a chair which is an unauthorized stress position. Having the detainee on a chair which is a potentially unsafe situation, and photographing the detainee are violations of the ICRP.
Finding: Daniel Johnson, Interrogator, CACI employee. A preponderance of evidence supports that Daniel Johnson did, or failed to do, the following:
- Detainee abuse.
- He encouraged SSG Frederick to abuse Iraqi Police detained following a shooting incident (IP Roundup). SSG Frederick twisted the handcuffs of a detainee being interrogated; causing pain.
- He failed to prevent SSG Frederick from covering the detainee’s mouth and nose restricting the detainee from breathing:
- Threatened the Iraqi Police “with SSG Frederick.” He told the Iraqi Police to answer his questions or he would bring SSG Frederick back into the cell.
- Used dogs during the IP Roundup in an unauthorized manner. He told a detainee, “You see that dog there, if you do not tell me what I want to know, I’m going to get that dog on you.”
- Placed a detainee in an unauthorized stress position. Daniel Johnsonis photographed facing a detainee who is in a stress position on a chair with his back exposed. The detainee is in a dangerous position where he might fall back and injure himself.
Failed to prevent a detainee from being photographed.

Recommendation: This information should be forwarded to the Army General Counsel for determination of whether Daniel Johnson should be referred to the Department of Justice for prosecution. This information should be forwarded to the KO for appropriate contractual action.

- Major General George R. Fay, AR 15-6 Investigation of the Abu Ghraib Detention Facility and 205th Military Intelligence Brigade