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| Iraq torture claims 'utterly groundless', Al-Sweady inquiry hears | Iraq torture claims 'utterly groundless', Al-Sweady inquiry hears |
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| Allegations that British soldiers tortured and unlawfully killed Iraqi prisoners after a firefight in 2004 are "utterly groundless" and were exploited in support of a propaganda campaign against the occupation of the country, a public inquiry heard on Monday. | Allegations that British soldiers tortured and unlawfully killed Iraqi prisoners after a firefight in 2004 are "utterly groundless" and were exploited in support of a propaganda campaign against the occupation of the country, a public inquiry heard on Monday. |
| The killing and mistreatment claims are denied by each of the officers and men involved in that engagement, and by those involved in the capture and interrogation of Iraqis in its aftermath, Neil Garnham QC, counsel for the troops, told the inquiry. | The killing and mistreatment claims are denied by each of the officers and men involved in that engagement, and by those involved in the capture and interrogation of Iraqis in its aftermath, Neil Garnham QC, counsel for the troops, told the inquiry. |
| "They are denied on the basis that they are wholly untrue," he said. "No Iraqi was taken … and then executed. No Iraqi was ill-treated." Garnham, who represents more than 480 members of the military, added: "If the military are lying, then this is a most massive conspiracy." | "They are denied on the basis that they are wholly untrue," he said. "No Iraqi was taken … and then executed. No Iraqi was ill-treated." Garnham, who represents more than 480 members of the military, added: "If the military are lying, then this is a most massive conspiracy." |
| Garnham said the evidence that the Al-Sweady inquiry will hear from Iraqi witnesses was "seriously contaminated", coming as it does from men who were friends or related, and who had all denied having been involved in the fighting when they were detained on the battlefield at its conclusion. The inquiry is named after Hamid al-Sweady, a 19-year-old alleged victim. "A propaganda campaign was created on the basis of these false allegations," he said, and the men's British lawyers were "duped" into playing their part in support of that campaign. | Garnham said the evidence that the Al-Sweady inquiry will hear from Iraqi witnesses was "seriously contaminated", coming as it does from men who were friends or related, and who had all denied having been involved in the fighting when they were detained on the battlefield at its conclusion. The inquiry is named after Hamid al-Sweady, a 19-year-old alleged victim. "A propaganda campaign was created on the basis of these false allegations," he said, and the men's British lawyers were "duped" into playing their part in support of that campaign. |
| Jeremy Johnson QC, counsel for the Ministry of Defence, said there is no credible evidence to support the allegation of unlawful killing, "and compelling and extensive and independent forensic evidence to refute it". | Jeremy Johnson QC, counsel for the Ministry of Defence, said there is no credible evidence to support the allegation of unlawful killing, "and compelling and extensive and independent forensic evidence to refute it". |
| Garnham conceded that there may be evidence of ill-treatment after capture, but allegations of unlawful killing and torture were false. "Just how weak the case against the British army is, will emerge over the coming months". | Garnham conceded that there may be evidence of ill-treatment after capture, but allegations of unlawful killing and torture were false. "Just how weak the case against the British army is, will emerge over the coming months". |
| Garnham said that when the prisoners were visited by officials of the International Committee of the Red Cross a few days after their capture, none alleged that others had been unlawfully killed. | Garnham said that when the prisoners were visited by officials of the International Committee of the Red Cross a few days after their capture, none alleged that others had been unlawfully killed. |
| However, the inquiry also heard that the prisoners did tell the Red Cross that they had been mistreated, and that the Red Cross inspectors concluded that the injuries they saw tended to support the allegations of abuse. Patrick O'Connor QC, counsel for a number of former prisoners, told the hearing that within five days of firefight in May 2004, the ICRC was reporting its concerns, and by the end of that month news of the ICRC's concerns had reached Whitehall and Downing Street. | However, the inquiry also heard that the prisoners did tell the Red Cross that they had been mistreated, and that the Red Cross inspectors concluded that the injuries they saw tended to support the allegations of abuse. Patrick O'Connor QC, counsel for a number of former prisoners, told the hearing that within five days of firefight in May 2004, the ICRC was reporting its concerns, and by the end of that month news of the ICRC's concerns had reached Whitehall and Downing Street. |
| Allegations that there had been "killings in cold blood" at Camp Abu Naji, the British base in the south east of the country to which the prisoners were taken, had reached senior officers within 24 hours of the firefight, O'Connor added. | Allegations that there had been "killings in cold blood" at Camp Abu Naji, the British base in the south east of the country to which the prisoners were taken, had reached senior officers within 24 hours of the firefight, O'Connor added. |
| Yet the Royal Military Police was prevented from embarking upon an investigation until June 20th, O'Connor said, and when the investigation was finally opened it was inefficient and inadequate. | Yet the Royal Military Police was prevented from embarking upon an investigation until June 20th, O'Connor said, and when the investigation was finally opened it was inefficient and inadequate. |
| As a result, O'Connor said, the inquiry would need to establish the truth about the allegations, not only to satisfy the former prisoners and the families of the dead men, but to exonerate British soldiers who were not involved. | As a result, O'Connor said, the inquiry would need to establish the truth about the allegations, not only to satisfy the former prisoners and the families of the dead men, but to exonerate British soldiers who were not involved. |
| O'Connor said it was no surprise that a number of people who had questioned the prisoners while serving with a unit known as the Joint Forward Interrogation Team had yet to provide the inquiry with signed statements. | O'Connor said it was no surprise that a number of people who had questioned the prisoners while serving with a unit known as the Joint Forward Interrogation Team had yet to provide the inquiry with signed statements. |
| The abuses they are alleged to have perpetrated were "not matters of individual, spontaneous misconduct, but planned, calculated and trained abuses by branches of the state", and the use of material gleaned during such interrogations to take action against the prisoners was "profoundly unlawful and a manifest injustice". | The abuses they are alleged to have perpetrated were "not matters of individual, spontaneous misconduct, but planned, calculated and trained abuses by branches of the state", and the use of material gleaned during such interrogations to take action against the prisoners was "profoundly unlawful and a manifest injustice". |
| O'Connor also said that one soldier had given a statement naming a fellow soldier said to have fired shots into "twitching bodies" on the battle field, but the inquiry is not going to examine the lawfulness of the force used by troops during the firefight. | O'Connor also said that one soldier had given a statement naming a fellow soldier said to have fired shots into "twitching bodies" on the battle field, but the inquiry is not going to examine the lawfulness of the force used by troops during the firefight. |
| The inquiry has heard that after the fighting, troops were ordered to recover bodies from the battlefield near the town of Majar al-Kabir and take them to Camp Abu Naji, to establish whether one was a leading local insurgent. | The inquiry has heard that after the fighting, troops were ordered to recover bodies from the battlefield near the town of Majar al-Kabir and take them to Camp Abu Naji, to establish whether one was a leading local insurgent. |
| Allegations of unlawful killings centre on claims that more bodies were handed back to local people the next days than had been taken to the camp, as well as claims from Iraqi prisoners that they could hear – but not see – others being killed nearby after they had been captured. Garnham conceded that the decision to recover the bodies may have been a mistake. | Allegations of unlawful killings centre on claims that more bodies were handed back to local people the next days than had been taken to the camp, as well as claims from Iraqi prisoners that they could hear – but not see – others being killed nearby after they had been captured. Garnham conceded that the decision to recover the bodies may have been a mistake. |
| In addition, the Iraqi prisoners say they were subsequently mistreated before and during interrogation. The inquiry has heard that a number with gunshot wounds received no pain relief before interrogation. | In addition, the Iraqi prisoners say they were subsequently mistreated before and during interrogation. The inquiry has heard that a number with gunshot wounds received no pain relief before interrogation. |
| The inquiry was established after a number of former prisoners and relatives of the dead men brought proceedings in the high court in London, demanding an independent investigation in line with the requirements of the European Convention on Human Rights. The need for the inquiry was accepted in November 2009 by the then defence secretary, Bob Ainsworth, after high court judges accused the MoD of "lamentable" behaviour and "serious breaches" of its duty of candour during the court proceedings. | The inquiry was established after a number of former prisoners and relatives of the dead men brought proceedings in the high court in London, demanding an independent investigation in line with the requirements of the European Convention on Human Rights. The need for the inquiry was accepted in November 2009 by the then defence secretary, Bob Ainsworth, after high court judges accused the MoD of "lamentable" behaviour and "serious breaches" of its duty of candour during the court proceedings. |
| Johnson said the MoD accepted that part of the responsibility for the unlawful killing and torture allegations persisting so long rested with the MoD itself, "for not adequately discharging its procedural obligations". | Johnson said the MoD accepted that part of the responsibility for the unlawful killing and torture allegations persisting so long rested with the MoD itself, "for not adequately discharging its procedural obligations". |
| The inquiry will hear evidence from around 60 Iraqi witnesses, in London and Beirut, and from up to 200 military witnesses. It is unlikely to report before the end of next year. | The inquiry will hear evidence from around 60 Iraqi witnesses, in London and Beirut, and from up to 200 military witnesses. It is unlikely to report before the end of next year. |
| • This article was amended on 21 March 2013. The original said Jeremy Johnson, counsel for the Ministry of Defence, had conceded that the decision to recover bodies from a battlefield near Majar al-Kabir may have been a mistake. In fact that concession was made by Neil Garnham, counsel for the troops. The article was further amended on 25 March 2013. The original said Garnham conceded that there was evidence of ill-treatment of Iraqi prisoners on the battlefield. This has been amended to say that he conceded there may be evidence of ill-treatment after capture. | • This article was amended on 21 March 2013. The original said Jeremy Johnson, counsel for the Ministry of Defence, had conceded that the decision to recover bodies from a battlefield near Majar al-Kabir may have been a mistake. In fact that concession was made by Neil Garnham, counsel for the troops. The article was further amended on 25 March 2013. The original said Garnham conceded that there was evidence of ill-treatment of Iraqi prisoners on the battlefield. This has been amended to say that he conceded there may be evidence of ill-treatment after capture. |
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