In the latest Abu Ghraib prisoner abuse court martial, former Army Staff Sgt. Ivan Frederick has pled guilty under a pretrial agreement to conspiracy, dereliction of duty, maltreatment of detainees, assault, and indecent acts.  Military Judge Col. James Pohl, U.S. Army, sentenced Frederick to 10 years confinement, reduced to eight years under Frederick’s pretrial agreement, along with reduction in rank to private, loss of pay and allowances, and dishonorable discharge.  While previous convictions of Jeremy Sivits and Armin Cruz were before special courts martial for which the maximum possible confinement was one year, Frederick was tried before a general court martial without such a restriction.

Frederick was a reservist from Virginia who had been a prison guard in civilian life.  While the trial took place at a military camp outside Baghdad, Frederick likely will serve his prison time in the United States.

Some of Frederick’s crimes included punching a detainee so hard in the chest the detainee had to be resuscitated, forcing three detainees to masturbate, attaching wires to a detainee and telling him if he fell off a box he would be electrocuted, a spectacle Frederick photographed, and standing by while nude detainees were forced into a human pyramid, which he also photographed.

Conspiracy

In Charge I, Frederick was accused  of violating Article 81 of the Uniform Code of Military Conduct (hereinafter UCMJ) against conspiracy:

881. ART. 81. CONSPIRACY

Any person subject to this chapter who conspires with any other person to commit an offense under this chapter shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.

10 USC §881, UCMJ Article 81, http://www.au.af.mil/au/awc/awcgate/ucmj2.htm#881.%20ART.%2081.%20CONSPIRACY

In particular, Frederick was alleged to handcuff three detainees and directing co-conspirator Pfc. Lynndie England to photograph them, and separately to conspire with others to form the human pyramid of nude detainees.

Dereliction of Duty

In Charge II Frederick was accused of dereliction of duty “in that he failed to protect detainees from abuse, cruelty and maltreatment, as it was his duty to do.” Ivan L. Frederick Charge Sheet, p. 2, available through http://news.findlaw.com/hdocs/docs/iraq/ifred32004chrg.html  For this he was charged under Article 92 of the UCMJ, failure to follow orders:

892. ART. 92. FAILURE TO OBEY ORDER OR REGULATION

Any person subject to this chapter who--

(1) violates or fails to obey any lawful general order or regulation;

(2) having knowledge of any other lawful order issued by any member of the armed forces, which it is his duty to obey, fails to obey the order; or

(3) is derelict in the performance of his duties;

shall be punished as a court-martial may direct.

10 USC §892, UCMJ Article 92, http://www.au.af.mil/au/awc/awcgate/ucmj2.htm#892.%20ART.%2092.%20FAILURE%20TO%20OBEY%20ORDER%20OR%20REGULATION

That is, it was Frederick’s duty to intervene to stop the prisoner abuse, so that his failure to do so was akin to disobeying orders.

Maltreatment of Detainees

In Charge III Frederick was accused of violating UCMJ Article 93 against cruelty and maltreatment of persons subject to one’s orders, in this case detainees that were subject to his orders:

893. ART. 93. CRUELTY AND MALTREATMENT

Any person subject to this chapter who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his orders shall be punished as a court-martial may direct.

10 USC §893, UCMJ Article 93.

The maltreatment charge covered several incidents, including:

·        the abovementioned incident of Frederick attaching wires to a hooded detainee and threatening him with electrocution if he fell off a box

·        the abovementioned incident involving the nude human pyramid and related photography

·        Frederick not only forcing detainees to engage in masturbation, but also forcing the detainees to position themselves in such a way as to simulate oral sex, and Frederick taking photographs

·        Frederick sitting on top of a detainee sandwiched in between two medical litters bound by padded material and posing for a photograph

·        grabbing the hands and arms of detainees and forcing them to strike or punch each other, with the detainees then striking or punching each other 

Assault

In Charge IV, Frederick was charged with violating UMCJ Article 128 against assault:

928. ART. 128. ASSAULT

(a) Any person subject to this chapter who attempts or offers with unlawful force or violence to do bodily harm to another person, whether or not the attempt or offer is consummated, is guilty of assault and shall be punished as a court-martial may direct.

(b) Any person subject to this chapter who--

(1) commits an assault with a dangerous weapon or other means or force likely to produce death or grievous bodily harm; or

(2) commits an assault and intentionally inflicts grievous bodily harm with or without a weapon;

is guilty of aggravated assault and shall be punished as a court-martial may direct.

10 USC §928, UCMJ Article 128, http://www.au.af.mil/au/awc/awcgate/ucmj2.htm#928.%20ART.%20128.%20ASSAULT

Frederick was charged specifically with:

• jumping on a pyramid of detainees and impacting them with his shoulder or upper body (it is unclear whether this was the nude pyramid or a different pyramid, but apparently this pyramid may have involved detainees that were not nude)
   
• stomping on detainees’ hands and feet with “shod” feet (presumably wearing boots)
   
• punching a detainee in the chest with enough force to require the detainee to have difficulty breathing and require medical assistance

Indecent Acts

A charge over indecent acts centered around the above-mentioned incident involving forced masturbation.  It was brought under UMCJ Article 134, a catch-all provision with applicability to crimes and offenses not otherwise mentioned, including conduct prejudicing good order and discipline or bringing discredit upon the armed forces:

934. ART. 134. GENERAL ARTICLE

Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court.

10 USC §934, UCMJ Article 134, http://www.au.af.mil/au/awc/awcgate/ucmj2.htm#934.%
20ART.%20134.%20GENERAL%20ARTICLE

Although Frederick pled guilty, shortening his trial, there still were witnesses called during the sentencing phase of his trial, including an abused detainee called by the prosecution, at least one psychologist, and several additional witnesses for the defense. 

Two officers who had served at Abu Ghraib reportedly alleged the CIA sometimes had directed abuse and argued that orders from military command said to toughen interrogations.

In an unsworn statement Frederick alleged, with respect to the detainee he threatened with electrocution, that a U.S. Army criminal investigator wanted the detainee stressed out to aid an interrogation, and that two other soldiers also attached wires to that detainee.

In related cases before the same military judge two additional Army reservists, Sgt. Charles Graner and Sgt. Javal Davis were ordered to stand trial before general courts martial for their alleged part in Abu Ghraib abuse.  Graner is alleged to have been the ring leader in the matter.  His attorney is arguing in the press that Graner was acting under fully lawful orders.

All total eight reservists have had charges brought against them for abuses at Abu Ghraib, with three convicted thus far.

Sources and Further Reading:

“Army Staff Sgt. Pleads Guilty to Mistreatment of Prisoners,” U.S. Central Command news release, Release Number 04-10-55, Oct. 20, 2004, http://www.centcom.mil/CENTCOMNews/news_release.asp?
NewsRelease=20041055.txt

“Army Staff Sgt. Sentenced to Eight Years,” U.S. Central Command news release, Release Number 04-10-58, Oct. 21, 2004, http://www.centcom.mil/CENTCOMNews/news_release.asp?NewsRelease=20041055.txt

“Army Staff Sgt. Sentenced to Eight Years,” Multi-National Force-Iraq news release, Release Number, 041021, Oct. 21, 2004, http://www.centcom.mil/CENTCOMNews/
news_release.asp?NewsRelease=20041055.txt

 “Abu Ghraib guard pleads guilty,” CNN, Oct. 20, 2004, http://www.cnn.com/2004/WORLD/meast/10/20/iraq.main/index.html

Ivan L. Frederick Charge Sheet, http://news.findlaw.com/hdocs/docs/iraq/ifred32004chrg.html

Greg LaMotte, “Mixed Reaction Among Iraqis Following US Sergeant's Sentencing for Prisoner Abuse,” Voice of America, Oct. 22, 2004, http://www.voanews.com/english/2004-10-22-voa22.cfm

Demian McLean and Todd Zeranski, “U.S. Soldier Pleads Guilty to Abuse at Iraqi Prison (Update1),” Bloomberg, Oct. 20, 2004,  http://quote.bloomberg.com/apps/news?pid=10000103&sid=aXWCUmscZ2uc&refer=us#

“NCO Enters Guilty Plea in Iraqi Detainee Abuse Trial,” Armed Forces Press Service, Oct. 20, 2004, http://www.defenselink.mil/news/Oct2004/n10202004_2004102005.html

Terry Friel, “U.S. Soldier Pleads Guilty to Abusing Iraqi Prisoners,” Reuters, Oct. 20, 2004, http://www.reuters.com/newsArticle.jhtml?type=topNews&storyID=6557826

“Staff Sgt. Sentenced in Detainee Abuse Trial,” Armed Forces Press Service, Oct. 21, 2004, http://www.defenselink.mil/news/Oct2004/n10212004_2004102106.html

Terry Friel, “U.S. Soldier Sentenced to 8 Years for Prison Abusem,” Reuters, Oct. 21, 2004, http://www.reuters.com/newsArticle.jhtml?type=topNews&storyID
=6576467&section=news

“Two U.S. Soldiers to Stand Trial Over Iraq Jail Abuse,” Reuters, Oct. 22, 2004, http://www.reuters.com/newsArticle.jhtml;jsessionid=
ACQ0T34SJCW2OCRBAE0CFFA?type=topNews&storyID=6585028.