US jails first soldier over Iraq jail abuse

7.30am - By LUKE BAKER and ALASTAIR MacDONALD

BAGHDAD - A US soldier has been jailed for a year and thrown out of the army after he admitted sexually humiliating Iraqi detainees in a case that has undermined Washington's authority in Iraq.

Jeremy Sivits, a 24-year-old military police reservist, offered a chilling picture of how prisoners were beaten and tormented at Baghdad's notorious Abu Ghraib jail.

However, his tears of remorse failed to move the military judge, who passed the maximum sentence early today (NZ time) after a plea bargain under which Sivits is expected to testify against former comrades.

"We must send a message to other soldiers, to our nation and to the Iraqi people that the American military does not tolerate such behaviour in our soldiers," said the prosecutor, Captain John McCabe, in demanding the full penalty.

Sivits wept as he apologised to the Iraqi people, the detainees, the army and his family.

"I've let everybody down. That's not me," he said.

The first abuse trial, held under the gaze of the world's media at a Baghdad congress centre built by Saddam Hussein, was meant by US commanders to prove to Iraqis and the world that justice is being done in an affair Washington says is an isolated incident.

In Washington, the top US generals in Iraq were being grilled by senators over whether the drive for intelligence may have prompted broader ill treatment. The Red Cross and others have complained of widespread abuse.

Asked about claims by his co-accused that they acted with interrogators' blessing, Sivits said: "They said that they were told by Military Intelligence for them to keep doing what they were doing to the inmates because it was working, they were talking."

Three other men were earlier arraigned on more serious charges and three women may also end up before a court martial.

Sivits named all six in his testimony, accusing two of severely beating prisoners on November 8, 2003.

He told how he had taken part in the abuse when he escorted a hooded prisoner after a riot to an area known as the Hard Site, for high-risk detainees.

Describing how prisoners were stripped and forced to climb on each other to form a pyramid caught in now infamous photographs, he said Staff Sergeant Ivan "Chip" Frederick had punched one so hard in the chest that Frederick thought the man was having a heart attack.

Another of the accused, Charles Graner, punched a second detainee with similar force.

"I told Corporal Graner 'I think you might have knocked that guy out'," Sivits said. Graner held his own wrist and said: "Damn, that hurt."

Sivits admitted taking a photograph of Graner clasping the head of a detainee and holding his fist as if to punch him.

Sergeant Javal Davis and Private First Class Lynndie England stamped on the feet of detainees.

Prosecution witness Specialist Matthew Wisdom said: "I saw a naked prisoner standing up against the wall masturbating with another naked inmate on his knees with his mouth open."

"It made me sick to my stomach, sir. I was disgusted."

The judge ruled that Sivits was not present at that moment.

Leading Iraqis squeezed into the makeshift courtroom.

"It's been an open and fair trial, which is something Iraq has not seen a lot of before," said acting human rights minister Bakhtiyar Amin.

Others, including relatives of thousands still held at Abu Ghraib, were unimpressed: "It's a kangaroo court, set up just to placate Iraqis," said a prisoner's mother Halla Azzawi. "I wish they would get death."

Sivits, a burly motor mechanic from rural Pennsylvania, pleaded guilty to two counts of maltreating a detainee by placing him in a pile on the floor to be assaulted by other soldiers and taking a picture of the event, as well as to one count each of conspiracy to maltreat and dereliction of duty.

Judge Colonel James Pohl demoted him three grades to private from specialist and ordered a bad conduct discharge.

However, he limited the pay Sivits was docked to spare his family financial hardship. He has the right to appeal.

Defence witnesses called Sivits a good soldier, eager to help. "He's the go-to guy in the motor pool," said Sergeant First Class John Boyd. "Good work, good soldier, good kid."

Defence counsel painted a picture of a home-loving, patriotic young man with an exemplary record of helping out with Little League baseball and the veteran's association around his small town of Manns Choice, Pennsylvania.

His behaviour on November 8 was "out of character".

Sivits described how he had gone to "help the people of Iraq get free of Saddam Hussein" and found "hell", "like out of a horror movie" at Abu Ghraib under daily mortar attack. He had seen his "fair share" of bloodshed, he said.

"I want to stay in. I love the army. I love that flag. That's all I ever wanted to be, an American soldier," said Sivits whose father and grandfather served in the military and whose uncle was killed in Vietnam.

Two women soldiers in the courtroom wept as he spoke.

Sivits may next appear at trials for Graner, Frederick and Davis, who face hearings on June 21.

- REUTERS

Herald Feature: Iraq