HL Deb 08 July 2003 vol 651 cc31-2WA
Lord Oakeshott of Seagrove Bay

asked Her Majesty's Government:

Further to the Written Answer by the Lord Bach on 30 June (WA 64), how many people captured by British forces in Iraq and transferred to United States internment facilities have neither been released nor classified as prisoners of war. [HL3733]

Lord Bach

As of 3 July 2003, the United States is holding one prisoner of war and 22 other persons captured by British forces, who are either suspected of committing criminal offences or are interned where necessary for imperative reasons of security in accordance with the Fourth Geneva Convention. All other British captured prisoners of war have been released under the supervision of British forces, and with the knowledge of the International Committee of the Red Cross.

Lord Oakeshott of Seagrove Bay

asked Her Majesty's Government:

Further to the Written Answer by the Lord Bach on 30 June (WA 64). how many people captured by British forces in Iraq and transferred to United States internment facilities are now classified by the United States authorities as "enemy combatants" rather than prisoners of war. [HL3734]

Lord Bach

The United States does not classify persons detained by British forces. As the detaining power, the United Kingdom has the sole authority for determining their status. This is reflected in an arrangement that exists between the two nations. All those persons captured by British forces who had the status of enemy combatant were entitled to be, and to be treated as, prisoners of war.

Lord Oakeshott of Seagrove Bay

asked Her Majesty's Government:

What assurances they have received from the United States authorities about the treatment of people captured by British forces in Iraq and transferred to United States internment facilities; whether any of them could face the death penalty; and when they will be released or tried. [HL3735]

Lord Bach

The United Kingdom's and United States' responsibilities in relation to captured persons are contained in an arrangement between the nations. In accordance with this arrangement, the United States agreed to treat persons in accordance with the relevant Geneva Conventions. Under the terms of the arrangement, the United Kingdom has primary right to criminal jurisdiction for offences committed prior to transfer. For offences committed after transfer, the United States has primary right to jurisdiction, and in such cases it is up to the United States to decide sentence. We are not aware of any situation where United Kingdom captured persons have committed any post transfer offences. In the absence of any post transfer offences, the decision to release rests with the United Kingdom authorities.

Persons suspected of crimes other than against coalition forces or the security of Iraq are immediately handed over to Iraqi authorities. Persons suspected of crimes against coalition forces or the security of Iraq are held pending collection of evidence and a decision as to the forum for trial. Persons held for imperative reasons of security, in accordance with the Fourth Geneva Convention. will be released as soon as their internment ceases to be necessary.