The Report
of the Iraq Inquiry
61.
The BOI
reports reviewed by the Inquiry were not consistent in approach or
quality.
Areas of
particular variance were:
•
the extent
to which the reports considered what happened to the
individual(s)
who died
(as well as the wider incident in which it happened);
and
•
the extent
to which the reports recorded and addressed the concerns of
the
deceased’s
family and next of kin.
62.
The Inquiry
does not believe that any of the BOI reports it reviewed
were
deliberately
produced in such a way as to protect the MOD. In at least two
cases, the
BOI
revealed that an incident might have been caused by friendly fire
when the earlier
Service
Police investigation had concluded otherwise.
63.
However, some
practices apparent in the BOI reports reviewed by the Inquiry
could
create a
mistaken impression of a “cover-up”. They were:
•
interview
transcripts which switch between on and off the
record;
•
the
difficulty in taking evidence, for example from Iraqi
witnesses;
•
restrictions
on using US material;
•
the use of
defensive or euphemistic language, which can give the
impression
that
serious failings are being dismissed; and
•
heavy
redaction.
64.
A recurring
theme raised by families with the Inquiry was frustration at being
denied
visibility
of action taken against those who were shown to have done something
wrong
(for
example, where an individual had not provided truthful evidence to
a BOI) or who a
family
believed to have been in some way negligent.
65.
A BOI is not
intended to apportion blame. The MOD defended that position, on
the
basis that
it was the best way to ensure maximum disclosure and, therefore,
the best
chance to
prevent a recurrence of the incident.
66.
That position
is not unique to BOIs. The right not to incriminate oneself is
common
to other
investigative processes (such as inquests) where the main objective
is to
establish
the facts of a case.
67.
Very few of
the BOI reports considered by the Inquiry led to disciplinary
measures.
68.
In order to
respond to the concerns regarding the redaction of material from
BOI
reports,
the Inquiry reviewed a sample of BOI reports relating to Op TELIC,
comparing
the full
and redacted versions. The Inquiry considered whether the substance
justified
redaction,
and how the redaction was made.
69.
The Inquiry
concludes that:
•
There were
no indications that information was redacted by the MOD in order
to
cover up
wrong-doing, either by individuals or the MOD.
162