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Hearing postponed for chief accused of abuse

An Article 32 hearing for a Navy chief accused of mistreating detainees last May at Camp Bucca, Iraq, has been postponed, a Navy spokeswoman said.

Naval Forces Central Command spokeswoman Cmdr. Jane Campbell said the Article 32 hearing, which is similar to a civilian grand jury hearing, and courts-martial for several other lower-ranking personnel will not be held until late October at the earliest. She added that no decision has been made as to whether the hearing and courts-martial will be held in Iraq or the U.S.

Campbell said the delays were approved by 5th Fleet Commander Vice Adm. William Gortney, the convening authority, after at least one defense lawyer told Gortney that he would be unable to clear space on his calendar to make a court appearance on behalf of his client for several weeks. The hearing previously was scheduled for Aug. 25 in Iraq.

Defense Attorney Jeremiah Sullivan told Navy Times Aug. 21 that the chief, an unnamed aviation structural mechanic, was his client. He said he had been in contact with his family, but had spoken with the chief only by e-mail. He added that the chief’s appointed military lawyer was stationed in Italy, and to his knowledge, had not been to Iraq to represent the chief.

Campbell said 13 sailors were charged in connection with an incident in which detainees were allegedly assaulted by guards, who then allegedly locked the detainees in a housing unit, secured its ventilation system and doused the unit with pepper spray.

No detainee was seriously injured in the incident, but two suffered abrasions, Campbell said.

Seven Navy personnel, including one lieutenant, have gone to mast for failing to report the assaults. Five enlisted sailors will go to either special or summary courts-martial, which are the equivalent of a misdemeanor trial. Because the chief, who like the other personnel involved has not been identified by the Navy, will have an Article 32 hearing, he could be taken to a general court-martial, where a conviction would be equivalent to a felony conviction in civilian court.

Sullivan said the sailors, each of whom was assigned to two Navy provisional detainee battalions, had not been adequately trained or led before or during their tour with the provisional units.

“Camp Bucca has a long history of violence there,” he said. “The detainees have a history where they ritualistically throw feces, urine and rocks at the guards. None of the guards were masters at arms. Who should be responsible for that? Where’s the officer accountability in that? Blame is being pushed down the ranks.”