The Bagram File

"Does not lucidity, the mind's openness upon the true, consist in catching sight of the permanent possibility of war? The state of war suspends morality; it divests the eternal institutions and obligations of their eternity and rescinds ad interim the unconditional imperatives. In advance its shadow falls over the actions of men. War is not only one of the ordeals-the greatest-of which morality lives; it renders morality derisory. The art of foreseeing war and of winning it by every means-politics-is henceforth enjoined as the very exercise of reason. Politics is opposed to morality, as philosophy to naivete."--Emmanuel Levinas

The story of Mr. Dilawar's brutal death at the Bagram Collection Point - and that of another detainee, Habibullah, who died there six days earlier in December 2002 - emerge from a nearly 2,000-page confidential file of the Army's criminal investigation into the case, a copy of which was obtained by The New York Times.

Like a narrative counterpart to the digital images from Abu Ghraib, the Bagram file depicts young, poorly trained soldiers in repeated incidents of abuse. The harsh treatment, which has resulted in criminal charges against seven soldiers, went well beyond the two deaths.

In some instances, testimony shows, it was directed or carried out by interrogators to extract information. In others, it was punishment meted out by military police guards. Sometimes, the torment seems to have been driven by little more than boredom or cruelty, or both.

This, in part, is what it means to be "duped by morality." Not just on the personal level of the individuals involved in this story, but on the level of the entire nation, that still resists responsibility for its actions, resists rising up in disgust and despair, refuses, unlike Nineveh, to repent in sackcloth and ashes for the sins it has committed.

Sergeant Loring, then 27, tried with limited success to wean those interrogators off that approach, which typically involved yelling and throwing chairs. Mr. Leahy said the sergeant "put the brakes on when certain approaches got out of hand." But he could also be dismissive of tactics he considered too soft, several soldiers told investigators, and gave some of the most aggressive interrogators wide latitude. (Efforts to locate Mr. Loring, who has left the military, were unsuccessful.)

"We sometimes developed a rapport with detainees, and Sergeant Loring would sit us down and remind us that these were evil people and talk about 9/11 and they weren't our friends and could not be trusted," Mr. Leahy said.

....

The findings of Mr. Dilawar's autopsy were succinct. He had had some coronary artery disease, the medical examiner reported, but what caused his heart to fail was "blunt force injuries to the lower extremities." Similar injuries contributed to Mr. Habibullah's death.

One of the coroners later translated the assessment at a pre-trial hearing for Specialist Brand, saying the tissue in the young man's legs "had basically been pulpified."

"I've seen similar injuries in an individual run over by a bus," added Lt. Col. Elizabeth Rouse, the coroner, and a major at that time.

....

In late August of last year, shortly before the Army completed its inquiry into the deaths, Sergeant Yonushonis, who was stationed in Germany, went at his own initiative to see an agent of the Criminal Investigation Command. Until then, he had never been interviewed.

"I expected to be contacted at some point by investigators in this case," he said. "I was living a few doors down from the interrogation room, and I had been one of the last to see this detainee alive."

Sergeant Yonushonis described what he had witnessed of the detainee's last interrogation. "I remember being so mad that I had trouble speaking," he said.

He also added a detail that had been overlooked in the investigative file. By the time Mr. Dilawar was taken into his final interrogations, he said, "most of us were convinced that the detainee was innocent."

When the Lord commands,
great houses will be reduced to rubble
and the small houses shattered.

Can horses gallop over rocks?
Can the sea be ploughed with oxen?
Yet you have turned into venom the process of the law,
justice itself you have turned into poison.
Jubilant over a nothing, you boast,
'Have we not won power by our own strength?'
....
Will not the earth quake on account of this?
Will not all who live on it mourn?
The whole earth will surge and seethe like the Nile
and subside like the river of Egypt.

Amos 6:11-13, 8:8.