Europe and Central Asia
Summary of Amnesty International’s Concerns in the Region, January-June 2007
30 April, “Baha Musa died after being held
in
Army
detention;
post
mortem
examination show that he had suffered
asphyxiation and some 93 injuries to his
body. Others held in our detention centre at
that time suffered similar treatment.”
The Judge Advocate in the court martial
stated that numerous individuals, “some
identified but the majority not”, had been
responsible for inflicting unlawful violence
on Baha Mousa and other detainees.
However, as the Judge Advocate remarked,
many of those responsible were “not
charged with any offence simply because
there is no evidence against them as a
result of a more or less obvious closing of
ranks”.
The Judge Advocate in the court martial
also noted that there had been a “wholly
unacceptable delay” in bringing the case to
trial, and that the use of techniques such as
hooding detainees, keeping them in stress
positions and depriving them of sleep had
become “standard operating procedure”
within 1st Battalion the Queen’s Lancashire
Regiment (1 QLR), whose soldiers were
responsible for arresting and detaining the
men in question. According to evidence
heard in the court martial, these techniques
were used to ‘condition’ detainees for
interrogation, with the aim of maintaining
the “shock of capture”. The Judge Advocate
considered that this was evidence of a
“serious failing in the chain of command all
the way up to Brigade and beyond”.
In his statement Sir Richard Dannatt
confirmed that the Iraqi detainees:
were subjected to a conditioning
process that was unlawful …. It has
always been our policy that all British
military
personnel
deployed
on
operations must be in no doubt about
their duty to behave in accordance
with the law. It now appears that this
duty was forgotten or overlooked in
this case. The Iraqis we took into our
custody should have been treated
properly and lawfully and they were
not. This was not a case of
misjudgment [sic] in the heat of
battle or the heat of the moment….
Amnesty International
137
The end of this trial does not mean
that this incident is now closed. We
know how Mr Baha Musa died, but we
do not yet know who was responsible.
The [Army] Prosecuting Authority
and the Service police will consider
whether further investigation, in the
light of any evidence that has
become available during the course
of this Court Martial, is appropriate
and further formal action might
follow.
JCHR scrutiny of ‘conditioning’ techniques
In May, the JCHR asked the Secretary of
State for Defence for an explanation of the
apparent
inconsistency
between
the
evidence which had emerged during the
court martial (see above) of the use of
unlawful techniques to ‘condition’ detainees,
and evidence which the UK government had
given to the JCHR in the course of its
inquiry into the UK’s compliance with the
UN Convention against Torture, which had
included confirmation that the use of
hooding and stress positioning for the
purpose
of
interrogation
had
been
prohibited by the UK authorities since 1972.
In June, the then Attorney General told the
JCHR that he had “asked for an inquiry”
into how UK soldiers in Iraq came to be
advised that they could “lawfully” use these
unlawful techniques to ‘condition’ detainees.
He described the advice given to the
soldiers of 1 QLR, as it emerged in the
course of the court martial, as “a matter of
grave concern”.
The Al Skeini case (update to AI Index: EUR
01/001/2007)
In April, in light of the fact that the death of
Baha Mousa at the hands of UK service
personnel was one of the cases with which
the case of Al Skeini and Others v Secretary
of State for Defence was concerned, AI
wrote to the UK authorities in support of
the visa application of Colonel Daoud Mousa
-- Baha Mousa’s father -- to enter the UK to
attend the hearing before the Law Lords.
Colonel Mousa eventually withdrew his visa
AI Index: EUR 01/010/2007
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