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| Colonel accused over Iraq 'abuse' | |
| (about 2 hours later) | |
| A commanding officer was as responsible for the alleged abuse of detainees in Iraq as his men, a court has heard. | A commanding officer was as responsible for the alleged abuse of detainees in Iraq as his men, a court has heard. |
| Colonel Jorge Mendonca, 42, denies failing to ensure nine Iraqi civilians being held in Basra, southern Iraq, in September 2003 were not ill-treated. | Colonel Jorge Mendonca, 42, denies failing to ensure nine Iraqi civilians being held in Basra, southern Iraq, in September 2003 were not ill-treated. |
| Prosecutors told a court martial in Wiltshire that his failings had played a part in the way they were treated. | |
| Col Mendonca is among six soldiers who deny charges over the alleged abuse. A seventh admits inhumane treatment. | |
| 'Played part' | 'Played part' |
| Prosecutor Julian Bevan QC said of the former commander of the Queen's Lancashire Regiment (QLR): "Col Mendonca is a distinguished officer, awarded a DSO for services in Iraq, an award for gallantry not lightly given. | |
| "Sadly, in this case, his failings in respect of these Iraqi civilians played a part in the way they were treated." | "Sadly, in this case, his failings in respect of these Iraqi civilians played a part in the way they were treated." |
| Mr Bevan said Colonel Mendonca was not any less responsible for the welfare of the detainees because he was not involved in dealing with them. | Mr Bevan said Colonel Mendonca was not any less responsible for the welfare of the detainees because he was not involved in dealing with them. |
| The court martial at Bulford Camp has heard that a practice involving sleep deprivation, hooding and putting detainees in the "stress position" - standing with knees bent and arms outstretched for long periods - was common in the QLR. | |
| The prosecution says such practices - known as conditioning - amount to ill-treatment and are banned by the Geneva Convention and the Laws of Armed Combat. | The prosecution says such practices - known as conditioning - amount to ill-treatment and are banned by the Geneva Convention and the Laws of Armed Combat. |
| 'Never questioned' | 'Never questioned' |
| Mr Bevan said Col Mendonca was the commanding officer and as such was responsible for the conduct of his soldiers. | |
| "The fact is that he was aware that stress positions and deprivation of sleep, as well as hooding, were used as part of the conditioning process for detainees undergoing the tactical questioning process and he never questioned it," he said. | "The fact is that he was aware that stress positions and deprivation of sleep, as well as hooding, were used as part of the conditioning process for detainees undergoing the tactical questioning process and he never questioned it," he said. |
| CHARGES IN FULL Cpl Donald Payne - manslaughter, inhumane treatment of persons, perverting the course of justiceL/Cpl Wayne Crowcroft - inhumane treatment of personsPte Darren Fallon - inhumane treatment of personsSgt Kelvin Stacey - actual bodily harm, alternatively assaultWarrant Officer Mark Davies - negligently performing a dutyMaj Michael Peebles - negligently performing a dutyCol Jorge Mendonca - negligently performing a duty | |
| "The Crown suggests he should have done, since one would have expected a reasonably capable and careful person of his seniority and experience in the service to have done so." | "The Crown suggests he should have done, since one would have expected a reasonably capable and careful person of his seniority and experience in the service to have done so." |
| Mr Bevan told the court ill-treatment was carried out quite openly and in front of strangers. | Mr Bevan told the court ill-treatment was carried out quite openly and in front of strangers. |
| "The ill-treatment was systematic and lasted 36 hours," he added. | "The ill-treatment was systematic and lasted 36 hours," he added. |
| He said the shouts and cries of the detainees would have been heard in a building near the holding facility where the alleged abuse was taking place. | He said the shouts and cries of the detainees would have been heard in a building near the holding facility where the alleged abuse was taking place. |
| 'Stepped in' | |
| In an interview Col Mendonca said a major had indicated that it was acceptable to hood detainees. The major he named disagrees with the claim. | |
| Col Mendonca said he understood parts of the conditioning process were to use stress positions and sleep deprivation, said Mr Bevan. | |
| Col Mendonca said he left the conditioning process entirely to Major Michael Peebles and Warrant Officer Mark Davies. | |
| He said WO Davies, a trained tactical questioner, would been have responsible for the conditioning of prisoners. | |
| Col Mendonca said he never questioned the legality of conditioning techniques, the court was told. | |
| Mr Bevan said: "The fact that he delegated this task to Maj Peebles did not bring either his responsibility or duties towards the detainees to an end." | |
| He added that Col Mendonca had been taught on a course that hooding, stress positions, noise and sleep deprivation were all banned interrogation techniques. | |
| Mr Bevan said the colonel should have stepped in and stopped the techniques being used. | |
| "Col Mendonca appears to have accepted that these men could remain hooded for up to 48 hours without question," he said. | |
| One of the detainees, Baha Mousa, 26, died in custody. | One of the detainees, Baha Mousa, 26, died in custody. |
| The court martial was adjourned until Monday. |