BAGHDAD, June 21: The top five US commanders in the Middle East can face questioning about abuse in Iraq's Abu Ghraib prison over the next few weeks, a military judge ruled on Monday as hearings opened in the investigation of the abuse of prisoners.

Lt Gen Ricardo Sanchez, the head of US-led forces in Iraq, and Gen John Abizaid, the commander for the region, are among those who can be quizzed by lawyers for two soldiers accused of mistreating prisoners, he said.

Attorneys for Specialist Charles Graner and Staff Sergeant Javal Davis, who allegedly committed the crimes last October and November, argued that Gen Sanchez and Gen Abizaid were part of a chain of command which made the abuse acceptable.

The lawyers said they also want to question US President George Bush and Defence Secretary Donald Rumsfeld over the course of events that led to the scandal. "The court directs the government to make available for evidence Lt Gen Sanchez, Lt Gen (Thomas) Metz, Maj Gen (Geoffrey) Miller and anybody below them including lawyers who have relevant testimony," said military judge Col James Pohl.

Maj Gen Barbara Fast, chief American intelligence officer in Iraq, can also face questioning, he ruled. Gen Metz is Sanchez's deputy while Gen Miller is head of detention operations in the region.

Pohl also ordered statements given to Maj Gen Antonio Taguba, who investigated the abuse for the military, to be declassified where possible and handed to the lawyers, along with the detainees' files.

In addition, the judge issued an order protecting Abu Ghraib prison from being torn down, as had previously been suggested by US President George Bush, following a request that it be preserved as a "crime scene".

But he turned down requests to move the courts martial out of Iraq unless there is a problem getting witnesses to the hearings. "If we cannot assure a fair trial here in Baghdad, we will move it somewhere else," Pohl said, giving the lawyers until July 31 to report back to him.

The defence team for Davis and Graner, who between them face a maximum 33 years' detention for a series of charges including punching, beating and humiliating prisoners, said the two were only following orders.

"We have soldiers who did nothing wrong, they were dedicated and devoted during their mission that was to loosen up and soften up detainees in accordance with their instructions," Sergeant Davis's attorney Paul Bergrin told reporters following the hearing at the US-led Coalition Provision Authority's Baghdad headquarters.

"These seven military police are being used as scapegoats. No one can suggest with a straight face the MPs were working alone," Graner's defence lawyer Guy Womack said.

Both attorneys said they would try to question Rumsfeld over the scandal which saw his popularity plummet when it broke in late April. "We may seek to ask him some questions. There is a chance he encouraged intelligence to be aggressive... It could have (had) the effect of loosening the reins," said Graner's lawyer Guy Womack.

Attorneys for the two defendants would even try to get US President George Bush to submit to questioning about the interrogation procedures implemented by the government in the wake of the Sept 11 attacks in 2001, said Paul Bergrin. -AFP