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To ask the Secretary of State for Defence with reference to the oral statement of 26 February 2009, Official Report, columns 3294-97W, on records of detention (review conclusions) and the answer of 6 July 2009, Official Report, column 549W, on Afghanistan: detainees, what steps UK authorities took to determine the...

Asked by

Lord Tyrie (Conservative)

Answering body

Ministry of Defence

Type

Written questions

Status

Answered

Tabled on

6 June 2011

For answer on

9 June 2011

Answered on

13 July 2011

[holding answer 9 June 2011]: These individuals were members of Lashkar-e-Taiba and they were captured as they posed an imperative threat to security in Iraq. They had travelled to Iraq to target coalition forces and the operation launched against them was necessary in order to save lives. Our forces risked their lives to capture such individuals and to ensure the security of Iraq.They were captured by UK forces in and around Baghdad in February 2004, at the time that the UK was an occupying power in south eastern Iraq, and immediately transferred to US forces in Iraq in accordance with established processes. The reason for this transfer was that the UK did not have its own detention facility close to where the two individuals were captured. The individuals were then held in US detention at Balad and subsequently transferred to a US detention facility in Afghanistan by August 2004.UK forces did not undertake an assessment of whether or not the individuals were prisoners of war because they were immediately transferred to US forces for detention. As part of the review of the case completed by officials between late 2008 and early 2009, the Ministry of Defence (MOD) considered the status of the detainees and determined that, as there was no information to suggest that they were members of the armed forces of Iraq, they would not have been prisoners of war. They may have been protected persons under the Geneva conventions, subject to certain criteria being satisfied. If they were protected persons, compliance with the Geneva conventions in respect of detainees held by US forces was primarily a matter for the US.The MOD is co-operating fully with Sir Peter Gibson's Detainee inquiry, the purpose of which was described by the Prime Minister, in July 2010 as to"““examine whether, and if so to what extent, the UK Government and its intelligence agencies were involved in improper treatment of detainees held by other countries in counter-terrorism operations overseas, or were aware of the improper treatment of detainees in operations in which the UK was involved””."We understand that the Detainee inquiry will consider this case as part of their work.

Corrected?

Yes

Notes

Corrected on 11 October 2011 at 533 c3-4MC

Date

13 July 2011

Reference

58497; 531 c371-2W (533 3-4MC)

House

House of Commons

Iraq: Detainees

To ask the Secretary of State for Defence pursuant to the statement of 26 February 2009, Official Report, columns 394-7W, on records of detention (review conclusions), how many captured persons have been transferred to US forces in Iraq; and how many individuals so transferred have subsequently been transferred to the...

Asked by

Lord Tyrie (Conservative)

Answering body

Ministry of Defence

Type

Written questions

Status

Answered

Date

29 June 2011

Reference

62201; 530 c835W

House

House of Commons

Rendition

To ask the Secretary of State for Defence pursuant to the statement of 6 July 2010, Official Report, columns 175-178, on the treatment of detainees, and the Prime Minister's letter to the right hon. Sir Peter Gibson of the same date, what separate arrangements his Department has made to address...

Asked by

Lord Tyrie (Conservative)

Answering body

Ministry of Defence

Type

Written questions

Status

Answered

Tabled on

13 October 2010

For answer on

18 October 2010

Answered on

18 October 2010

The separate arrangements made by the Ministry of Defence to address the allegations comprise several elements which look both at the historical issues arising from operations in Iraq, where we no longer conduct detention operations, and the current arrangements in those theatres of operations where UK forces are still deployed. Legislative provisions to ensure that we can deal robustly and transparently with allegations are contained in the Armed Forces Act 2006.In respect of allegations against British Forces in Iraq, we have established a dedicated Iraq Historic Allegations Team (IHAT) to enhance our capacity to review and investigate all such claims. Following the conclusion of an investigation into any particular allegation, the IHAT will report their findings to the Provost Marshal (Army) and, where justified, disciplinary action will be taken against those who may have behaved inappropriately. Separately, and with the full co-operation of the Ministry of Defence, the Baha Mousa Inquiry has been looking into the circumstances relating to the tragic death of Baha Mousain2003.In respect of current operations, in March this year the MOD's Strategic Detention Policy was published. This document informs subordinate doctrine, instructions and procedures relating to detention. In addition, early this year the Chief of the General Staff directed the Army Inspector to undertake a review into the implementation of policy, training and conduct of detainee handling. This review has looked at detention handling in the round, drawing on recent experiences and current practices, and has resulted in a number of recommendations which will be taken forward under new governance mechanisms. The key findings were set out in a statement to the House by the Minister for the Armed Forces on 14 September 2010, Official Report, column 35WS.

Date

18 October 2010

Reference

17945; 516 c489-90W

House

House of Commons

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