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Originally published July 7, 2005 at 12:00 AM | Page modified December 14, 2005 at 2:47 PM

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America in Iraq

Last of five parts: Shackled by Gitmo

If the Bush administration refuses to close the U.S. detention facility at Guantánamo Bay, Cuba, then Congress should create a panel...

If the Bush administration refuses to close the U.S. detention facility at Guantánamo Bay, Cuba, then Congress should create a panel to investigate prison abuses there and elsewhere.

U.S. handling of prisoners of war — enemy combatants or otherwise — needs to be aggressively monitored. Our treatment of prisoners is a direct reflection of our national values, and violations further undercut America's international standing and moral authority.

No one talks about it, but if a nation of laws such as ours embraces cruel practices, what risks do U.S. servicemen and women face at the hands of our enemies?

A pernicious side-effect of the administration's hasty war-planning effort is a legacy of slap-dash prison management, untrained and overwhelmed guards and troubling interrogation techniques.

Reports of abuses from Guantánamo to Abu Ghraib prison in Iraq to Afghanistan raised persistent questions about practices that flout the law and human rights.

President Bush created the Guantánamo facility initially to hold beyond the reach of U.S. law prisoners from Afghanistan. More than $300 million has been spent to build and operate the prison since 2002.

In addition to accusations of physical and mental torture, International Red Cross and Federal Bureau of Investigation documents supported allegations that prisoners' religious beliefs were violated as part of interrogation strategies.

A year ago, the U.S. Supreme Court said the courts and U.S. Constitution did, indeed, have jurisdiction at Guantánamo.

The high court said prisoners could contest their detention and not be denied access to lawyers and legal representation. Reporting by Newsday revealed a systematic effort by the Pentagon to frustrate those lawful contacts.

Iraq's Abu Ghraib prison was a heinous symbol of Saddam Hussein's tyranny. Instead of bulldozing the loathsome structure, poorly trained and led U.S. military units assumed command of a vastly overcrowded facility.

As the insurgency picked up, so did the pressure on U.S. military, U.S. intelligence and civilian contractors to produce intelligence results. Scandalous revelations of prisoner abuses — complete with photographs — inspired numerous investigations. Some probes offered no more than whitewash, but others found links between policies, training, leadership and disastrous results.

Through this all, Congress has sat on the sidelines largely stunned and mute. That is changing as Republicans and Democrats call for closures, reforms and congressional inquiries.

The power and authority resides on Capitol Hill to hold responsible parties accountable. Congress controls the purse strings and has ample powers to demand explanations if it is willing to ask. The timing is especially right as the U.S. is about to build a third prison in Iraq.

Guantánamo and Abu Ghraib are powerful recruiting tools for those who would do this nation harm. Congress can untangle confusing laws, and hold the executive branch responsible for its actions.

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