Introduction
15 September
2003, of Mr Baha Mousa, an Iraqi citizen who had been held in the
British
Temporary
Detention Facility in Basra.7
30.
Although the
purpose of that Inquiry was to examine a specific incident, it was
clear
that in
doing so, and in order to report as required, Sir William would
examine the basis
and
framework for detention in Iraq and would, if appropriate, make
recommendations
to the
Defence Secretary.
31.
Mr Mousa’s
relatives had been party to proceedings which, in due course,
resulted
in appeals
to the Court of Appeal and House of Lords and, on 7 July 2011, in a
ruling in
the
European Court of Human Rights.8
32.
A Public
Inquiry was also sought by a separate group of claimants in
proceedings in
the High
Court during April, May and July 2009. In these proceedings, it was
alleged that
UK forces
murdered Iraqi detainees at Camp Abu Naji in southern Iraq and
subjected
others to
ill treatment both at Camp Abu Naji and at the Divisional Temporary
Detention
Facility at
Shaibah on 14 and 15 May 2004.9
33.
The Inquiry
was also aware in 2009 that a number of other cases of
alleged
mistreatment
of detainees had been brought to the attention of the MOD. Some
of
these had
been the subject of civil claims and had been settled; others were
pending.
34.
On 1 March
2010, Mr Bill Rammell, Minister of State for the Armed Forces,
laid
a Written
Ministerial Statement announcing the establishment of the Iraq
Historic
Allegations
Team (IHAT). Its purpose was to ensure that these cases were
investigated
“thoroughly
and expeditiously, so that – one way or another – the truth behind
them
35.
In view of
these continuing Inquiries and investigations, the Inquiry
Committee
decided
that it should not examine issues relating to the question of
detention. It
appeared to
the Committee that, if it was to do so, there was a danger that it
might
duplicate
the work of these other Inquiries and investigations or otherwise
impede
their
progress, or the reverse.
36.
The Report of
the Baha Mousa Inquiry was published
on 8 September 2011.11
It examined
the events which resulted in Mr Mousa’s death but also wider
issues
concerning
the detention and treatment of individuals, including training and
the chain
of command.
It made 73 recommendations.
7
The Baha
Mousa Inquiry.
8 Al
Skeini and others v United Kingdom (2012) 53 EHRR 18.
9
It was
announced on 25 November 2009 that a Public Inquiry would be
established, led by Sir John
Thayne
Forbes, to examine these allegations. Named after the First
Claimant in the civil proceedings,
it was
known as “The Al Sweady Inquiry”.
10
House of
Commons, Official
Report, 1 March
2010, column 93WS.
11 The
Report of the Baha Mousa Inquiry, 8 September
2011, HC 1452-1-IV.
7