According to a U.S. Central Command press release, U.S. military forces mistakenly released al-Naifus from the Bucca Internment Camp at Umm Qasr on May 18, 2003.
In a report released this week, Human Rights Watch identified Al-Naifus, the pro-Saddam Hussein head of the Albu Alwan tribe, as one of the key officials responsible for the executions of thousands of Shi'a civilians around al-Hilla in 1991. Eyewitnesses from the execution sites, as well as from the military base where Shi'a execution victims were detained prior to their death, told Human Rights Watch that al-Naifus and members of his tribe were directly involved in the executions.
"The United States still has no justice strategy in place in Iraq to deal with the crimes of the past," said Peter Bouckaert, senior emergencies researcher at Human Rights Watch. "If the United States can mistakenly release a man suspected of killing thousands of people, there is something seriously wrong with the system."
Following the executions, the land on which the largest mass grave was located was taken from local farmers and given to a member of al-Naifus' tribe, who was responsible for safeguarding the mass grave.
Al-Naifus was arrested by U.S. Marines near the city of al-Hilla on April 26, 2003, after local officials and victims' families accused him of being directly involved in the killings of thousands of Shi'a civilians. Al-Naifus was transferred to the custody of Army Military Police on April 29, 2003. He underwent a screening conducted by an officer of the Judge Advocate General's (JAG) corps on May 18, 2003, and was then released, apparently because the JAG officer was unaware of the accusations against him.
Many Iraqis have expressed dismay that U.S. and British forces have not yet taken action to secure mass gravesites. As a result, many graves are being exhumed without expertise necessary to ensure accurate identification of bodies and without forensic examination of the bodies that could indicate how and when people were killed.
Human Rights Watch demanded an independent investigation of the circumstances of al-Naifus' release, particularly in light of the fact that the U.S. military was aware of the serious allegations made against al-Naifus.
Human Rights Watch also urged the U.S. occupation forces to quickly adopt a comprehensive justice strategy for past crimes committed in Iraq in order to avoid similar mistakes.
