The U.S. must release photographs of detainee abuse in Iraq and Afghanistan, a federal judge has ruled in a long-running debate over letting the world see potentially disturbing images of how the military treated prisoners.
U.S. District Judge Alvin Hellerstein’s ruling Friday gives the Government – which has fought the case for over a decade – two months to decide whether to appeal before the photos could be released. The American Civil Liberties Union (ACLU) has been asking to have them made public in order to hold the Government accountable.
The Defence Department is studying the ruling and will make further responses in court, spokesman Lt. Col. Myles Caggins III said. The ACLU has said the pictures “are manifestly important to an ongoing national debate about governmental accountability for the abuse of prisoners.”
The clash over the photographs goes back to the early years of wars in Iraq and Afghanistan, and invokes images of abuse at the Abu Ghraib prison in Iraq that sparked international outrage after they emerged in 2004 and 2006. Early in the 2004 lawsuit, the ACLU pointed to the Abu Ghraib photos as priority examples of records the organization was seeking on the treatment of detainees.
It is unclear how many more photographs may exist. The government has said it has 29 relevant pictures from at least seven different sites in Afghanistan and Iraq, and it is believed to have perhaps hundreds or thousands more, Mr. Hellerstein said in a ruling in August.
Some photographs, taken by service members in Iraq and Afghanistan, were part of criminal investigations of alleged abuse. Some images show “soldiers pointing pistols or rifles at the heads of hooded and handcuffed detainees,” then-Solicitor General now Supreme Court Justice Elena Kagan wrote in an appeal to the High Court earlier in the case, which has taken a long road through the courts and Congress.
The Government has long argued that releasing the photographs could incite attacks against U.S. forces and government personnel abroad. “The danger associated with release of these photographs is heightened now,” amid the rise of the Islamic State militant group, Navy Rear Adm. Sinclair Harris, the Vice Director for Operations for the Joint Chiefs of Staff, said in a December court filing. Islamic State, he said “would use these photographs to further encourage its supporters and followers to attack U.S. military and government personnel.”
Amid the lawsuit, Congress passed a 2009 law allowing the Government to keep the photos secret if the secretary of defence certified that unveiling them would endanger U.S. citizens, Government or military personnel.
