In response, Washington slammed the UN report, noting that the UN experts had declined an invitation to visit Guantanamo because they would not be allowed to interview prisoners.

Independent legal experts say Rumsfeld could be liable under the doctrine of “command responsibility,” the legal principle that holds a superior responsible for crimes committed by his subordinates when he knew or should have known that they were being committed but failed to take responsible steps to stop them.

Human Rights Watch’s Mariner says a special prosecutor is needed because Attorney General Alberto Gonzales was himself “deeply involved” in the policies leading to the abuse of prisoners, a conflict of interest that is likely to prevent a proper investigation

“The question at this point is not whether Rumsfeld should resign,” said Joanne Mariner, “it’s whether he should be indicted. A special prosecutor should look carefully at what abuses Rumsfeld either knew of or condoned.”

The Pentagon admits that in December 2002, Rumsfeld approved 16 interrogation techniques for al-Qahtani and other prisoners, including the use of forced nudity, stress positions, and “using detainees’ individual phobia (such as using dogs).”

However, the military has refused to release the full version of Gen. Schmidt’s report on abuses, according to Mariner and others who note with dismay that in July last year Gen. Bantz Craddock dismissed claims that the al-Qahtani interrogation violated military laws. Posted by (Bulatlat.com)

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