HC Deb 23 July 2004 vol 424 cc710-7W
Adam Price

To ask the Secretary of State for Defence what information he has examined in relation to civilian casualties allegedly caused by UK forces on 24 June 2003 in Majar-al-Kabi. [177586]

Mr. Ingram

Ministry of Defence ministers received a number of submissions and reports on the tragic events that took place in Majar-Al-Kabir on 24 June 2003, in which six members of the Royal Military Police were killed and a number of British soldiers were wounded.

Harry Cohen

To ask the Secretary of State for Defence if he will make a statement about the killing of approximately 30 Iraqi civilians by British soldiers in Amara in May; whether complaints have been received about this; and if he will make a statement. [179411]

Mr. Ingram

During May, United Kingdom Forces were subject to a large number of attacks by armed elements. For example, on 8 May 2004 over 200 separate incidents were reported in which UK forces were engaged. These attacks included small arms fire, rocket-propelled grenades and mortar attacks. As we have previously made clear, although we record every incident in which we believe there has been a fatality, it is not always possible to determine accurately the number of fatalities that occur during a particular incident.

A complaint was reportedly made by a local Iraqi leader following an incident in Al Amarah on 14 May 2004, although he later denied making such an allegation. Photographs have also been passed to us by a National Newspaper, which are now being studied by the Royal Military Police.

Mr. Hancock

To ask the Secretary of State for Defence pursuant to his answer of 28 June, ref 166938, on Iraq, how many meetings have taken place between the International Committee of the Red Cross (ICRC) representatives and British military staff; what the dates and venues of the meetings were; how many reports have been produced by the ICRC as a result; and if he will make a statement. [182575]

Mr. Ingram

There have been four visits by the International Committee of the Red Cross to the Divisional Temporary Detention facility (DTDF) in Shaibah. These all occurred in 2004: 10–12 February; 1–3 April; 14 May; and 17–19 May.

In addition to these visits there have been four meetings between ICRC representatives and British military staff in 2003: 19-21 February; 28 May; 26 November; and 30 March 2004. These took place in the United Kingdom and Europe.

As well as the interim report produced on 10 February 2004 there have been two working papers produced by the ICRC following their visits to the DTDF in April and May of this year.

Dr. Cable

To ask the Secretary of State for Defence what his Department's estimate is of the number of Iraqi(a) civilian casualties, (b) civilian deaths, (c) military casualties and (d) military deaths during coalition operations in Iraq. [183802]

Mr. Caplin

I refer the hon. Member to the answer I gave on 14 June 2004,Official Report , column 641W, to my right hon. and learned Friend the Member for Rushcliffe (Mr. Clarke).

Tom Cox

To ask the Secretary of State for Defence how many qualified medical staff are employed at the British military detention centre in Iraq; what procedures are followed when a prisoner wishes to seek medical advice; and if he will make a statement. [183961]

Mr. Ingram

Medical cover is provided by the military unit responsible for the security of the Divisional Temporary Detention Facility and consists of a Regimental Medical Officer (RMO) and a compliment of Combat Medical Technicians.

Internees seeking medical advice are assessed in the first instance by the RMO. If necessary they are referred to the Field Hospital, manned by approximately 150 qualified medical staff, that is available at the same location.

Tom Cox

To ask the Secretary of State for Defence how many Iraqi prisoners held by United Kingdom forces in Iraq since the invasion have been released from custody without charge; and if he will make a statement. [183962]

Mr. Ingram

Up to the transition of authority on 28 June, British forces had the authority to intern people for imperative reasons of security in accordance with Article 78 of Geneva Convention IV. Since the 28 June, the authority to intern remains but it is in accordance with UNSCR 1546. In addition, British forces have the authority temporarily to detain people believed to have committed a crime under Iraqi law, who are then handed over to the Iraqi judicial system. It is the Iraqi authorities who are empowered to bring criminal charges.

In total, some 3,000 individuals have been either released as former Prisoners of War or internees judged no longer to pose a threat, or passed to the Iraqi authorities as suspected criminals.

Andrew Rosindell

To ask the Secretary of State for Defence how many attacks were made on British forces by Iraqi insurgents(a) in the five days leading up to the handover and (b) in the five days after the handover of sovereignty. [184274]

Mr. Caplin

During the week leading up to handover (28 June 2004) there were six attacks made on British forces by Iraqi insurgents and in the week after the handover there were nine attacks on British forces.

Mr. Lyons

To ask the Secretary of State for Defence what proportion of UK forces in Iraq are reserves. [184290]

Mr. Ingram

The precise number of personnel in the gulf fluctuates. As at 2 July approximately 15 per cent. of United Kingdom Forces deployed in Iraq are reservists.

Mr. Wood

To ask the Secretary of State for Defence what estimate he has made of the cost per week of reinstating the free postal packet scheme to Iraq for the duration of the present deployment; and how such costs are calculated. [184794]

Mr. Ingram

When the Ministry of Defence carried out its reviews of the free postal packet service to Iraq set out in my answer to the hon. Member for Uxbridge (Mr. Randall) on 5 May 2004, Official Report, column 1527W, the costs reviewed were calculated per calendar month. Factors involved in the calculation of such costs were: payment to the Royal Mail Group (£88,000), the hire of extra equipment (£12,500) and the cost of civil charter should military transport be unavailable (£3 per kilogram). Based on historical data, a packet ratio of 0.2 kg per serviceman per day was assumed.

The cost of extending the scheme in Iraq would cost approximately £290,000 per calendar month. In my answer to the hon. Member for Portsmouth, South (Mr. Hancock) on 5 March 2004, Official Report, column 1155W, I stated that we could not justify continuance of the scheme to Iraq when other operational theatres were not in receipt of the service; therefore, further calculations for the Iraq theatre of operations alone were not made. The cost of extending the scheme to all Service personnel deployed on overseas operations would be approximately £380,000 per calendar month.

Adam Price

To ask the Secretary of State for Defence what evidence he has studied in relation to the death of Rahim Hanoun Adiou. [185887]

Mr. Caplin

I refer the hon. Member to the formal response from my right hon. Friend the Minister for the Armed Forces (Mr. Ingram) to allegations made by Amnesty International, including the death of Rahim Hanoun Adiou, a copy of which was placed in the Library of the House on 2 July 2004.

Adam Price

To ask the Secretary of State for Defence whether he received representations warning about the dangers of hooding detainees prior to its prohibition on 26 September 2003. [185907]

Mr. Ingram

Amnesty International's 23 July 2003 Report, "Iraq—Memorandum on concerns relating to law and order", made reference inter alia to the use of "prolonged hooding" by coalition forces and stated that this and other measures would amount to "torture or inhuman treatment". This was consistent with Amnesty's longstanding view that hooding is unacceptable in all circumstances.

Although, hooding has been prohibited by the United Kingdom in the context of interrogations since the 1972 Heath Ruling, we consider that there are circumstances in which the temporary obscuring of a detainees vision is justified. For example, it may be necessary during the arrest and transit of prisoners to prevent them viewing sensitive information. Although the UK armed forces are currently under direction not to hood detainees in any circumstances, the use of hooding has not been ruled out in future conflicts.

As I said in my response to a question from the hon. Member on 15 May 2004, Official Report, column 1235W, the practice of hooding was stopped in Iraq as a result of concerns that the inappropriate use of hooding could be dangerous.

Adam Price

To ask the Secretary of State for Defence what discussions Major General Geoffrey Miller had with British service personnel during his stay in Iraq between 31 August and 9 September 2003. [185947]

Mr. Caplin

Major General Geoffrey Miller had no discussions with British service personnel during this time.

Adam Price

To ask the Secretary of State for Defence what involvement British(a) service personnel and (b) officials had in the drafting of interrogation regulations for Combined Joint Task Force 7. [185948]

Mr. Caplin

None. Interrogation regulations at the Multi National Force and Multi National Corps Headquarters (previously known as the Combined Joint Task Force HQ) were introduced by and for US personnel only.

Tom Cox

To ask the Secretary of State for Defence how many Iraqi prisoners were held by British military authorities at the Iraq military detention centre on 1 July; and if he will make a statement. [186217]

Mr. Caplin

On 1 July 2004, 41 men were held at the Divisional Temporary Detention Facility.

Tom Cox

To ask the Secretary of State for Defence how many Iraqi(a) men and (b) women are held in United Kingdom-run prisoners in Iraq; and how many have been charged with a specific offence. [173998]

Mr. Ingram

Up to the transition of authority on 28 June, British forces had the authority to intern people for imperative reasons of security in accordance with Article 78 of Geneva Convention IV. Since the 28 June, the authority to intern remains but it is in accordance with UNSCR 1546. In addition, British forces have the authority temporarily to detain people believed to have committed a crime under Iraqi law, who are then handed over to the Iraqi judicial system. It is the Iraqi authorities who are empowered to bring criminal charges.

As at 18 July, 25 male internees were held at the Divisional Temporary Detention Facility, and no female internees.

Llew Smith

To ask the Secretary of State for Defence if he will place in the Library a copy of manuals issued to British armed forces providing guidelines for those given responsibility to interrogate detainees or prisoners of war. [175065]

Mr. Ingram

Guidance for those with responsibility for interrogation of detainees and Prisoners of War is contained within a number of training directives. I am withholding publication of these directives in the Library of the House under Exemption la of the Code of Practice for Access to Government Information.

Adam Price

To ask the Secretary of State for Defence (1) pursuant to his answer to question 169404, what the names are of the three individuals who died of gunshot wounds; what the name is of the person who died in detention; and how much compensation was paid in each case; [186052]

(2) what the names are of those deceased individuals in Iraq whose families' claims have been rejected; [185935]

(3) what the names are of those deceased individuals in Iraq whose families' claims for compensation are still being considered. [185934]

Mr. Ingram

I am withholding the information requested in accordance with Exemption 12 (Privacy of an Individual) of the Code of Practice on Access to Government Information which relates to unwarranted disclosure to a third party of personal information about any person (including a deceased person) or any other disclosure which would constitute or could facilitate an unwarranted invasion of privacy.

Adam Price

To ask the Secretary of State for Defence what information he has examined in relation to the deaths of(a) Ammar Shakir Mahmoods, (b) Hussam Salih Owaid, (c) Jawad Gadhim Bahidh, (d) Ameen Ajman Ismail, (e) Ali Gadhim Slamkh, (f) Asrad Gadhim Jassim and (g) Ahmed Kareen Ali. [177581]

Mr. Caplin

[holding answer 20 July 2004]: The deaths of all of the individuals referred to in the question have been raised in correspondence by Public Interest Lawyers (PIL) addressed to my right hon. Friend the Secretary of State for Defence on 13 July.

There is an ongoing Special Investigations Branch investigation into the circumstances surrounding the death of Ahmed Kareen Ali (Ahmed Jabbar Kareem Ali). Ministers receive a summary of the status of such investigations.

The death of Ahmed Kareen Ali has also been raised by PIL in judicial review proceedings brought against the Department and by Amnesty International in their letter to my right hon. Friend the Prime Minister of 14 May 2004.

The death of Asrad Gadhim Jassim (As'ad Kadhem Jasem) was also raised by Amnesty International.

I placed a copy of our response to this and other correspondence from Amnesty International in the Library of the House of Commons on 2 July 2004.

Harry Cohen

To ask the Secretary of State for Defence what changes he has proposed to the way in which UK forces keep Iraqi prisoners; and if he will make a statement. [172302]

Mr. Ingram

Guidance on prisoner handling is contained in Joint Warfare Publication 1 to 10 (Prisoner of War Handling). It emphasises that prisoners are at all times to be treated in accordance with the relevant Geneva protocols.

We keep the procedures for prisoner handling in Iraq under constant review but there are no amendments currently planned to the Standard Operating Instructions. The only amendment to the SOIs to date was in September 2003 when instructions were issued that all prisoner hooding was to cease.

A number of minor changes have been made to the procedures in place at the UK's Temporary Divisional Detention Facility in Shaibah, including for example adapting the arrangements for internees' laundry and meeting some dietary requirements stemming from religious beliefs.

Sir Menzies Campbell

To ask the Secretary of State for Defence how many persons captured by UK forces in Iraq and subsequently transferred to US control are being held by the United States(a) inside and (b) outside Iraq; and if he will make a statement on the UK's obligations towards such persons. [172697]

Mr. Tyrie

To ask the Secretary of State for Defence what steps the Government has taken in fulfilment of the UK's international obligations to assess the conditions of imprisonment of the prisoners captured by British forces in Iraq and handed to the US. [183784]

Mr. Ingram

[holding answer 17 May 2004]: In Iraq, 341 Prisoners of War were handed over to the United States in April 2003, all but three were subsequently released by the US. Two, classed as high value detainees, have now been arraigned before an Iraqi judge and transferred to Iraqi custody and one was reclassified as a security internee and his case is under consideration by the Central Criminal Court of Iraq. We have also detained around 2,000 security internees since the end of the conflict. Between April 2003 and December 2003, these were held by the US. All but one of those individuals were either returned to United Kingdom custody or released. Under the terms of a Memorandum of Understanding we put in place with the US, which covered the transfer of detainees, the US are required to seek permission from the UK to remove from Iraq UK captured persons in their detention. No such requests have been made.

The UK has fulfilled all its obligations towards such individuals in accordance with the Geneva Conventions. Between May and December 2003 almost all UK detainees, both Prisoners of War and security internees, were held by US Forces at Camp Bucca in Southern Iraq. During this period there was a continuous UK presence at the Camp in the shape of a UK Prisoner of War Registration Unit and a Prisoner Monitoring Team. The monitoring team regularly inspected prisoner conditions and monitored family visits and the release of UK prisoners. The majority of early detainees were released during this period. The remainder were transferred to the UK custody with the opening of the UK's Divisional Temporary Detention Facility at Shaibah in December 2003.

The two UK prisoners of war, classed as high value detainees, were held by US forces at a different site. Although the UK did not maintain a permanent presence at the internment facility where they were held, reports were obtained on their conditions.

Adam Price

To ask the Secretary of State for Defence if he will list those deaths mentioned in the Amnesty International report on civilian deaths in Basra published on 11 May which are or have been the subject of a formal investigation, giving the stage reached by the investigation in each case. [173408]

Mr. Caplin

[holding answer 20 May 2004]: I refer the hon. Member to the formal response from my right hon. Friend the Minister for the Armed Forces (Mr. Ingram) to the allegations made by Amnesty International, a copy of which I placed in the Library of the House on 2 July 2004. The stage reached by the investigations remains as stated in the response.

Tom Cox

To ask the Secretary of State for Defence how often the cases of Iraqi prisoners being held in United Kingdom-run prisons in Iraq are reviewed; and by whom. [173997]

Mr. Caplin

The only such facility run by the United Kingdom in Iraq is the Divisional Temporary Detention Facility in Shaibah. The Divisional Internee Review Committee considers cases at intervals often days, 28 days, three months and six months, and thereafter every three months. The Review Committee consists of Staff Officers from Army and tri-Service Legal and intelligence Branches, Provost Marshall and the Commanding Officer of DTDF. They make a recommendation to the General Officer Commanding MND(SE), with whom the final decision lies.

Harry Cohen

To ask the Secretary of State for Defence what reports he has received about the death of civilians in Amarah, Iraq as a consequence of a UK armed forces helicopter strike; if he will investigate whether(a) this strike and (b) air strikes generally in areas where civilians live are a proportionate or proper response to a local disturbance including that involving the firing of guns by Iraqi militiamen; and if he will make a statement. [174180]

Mr. Ingram

We are not aware of any allegations of civilian deaths caused by air strikes conducted by United Kingdom helicopters in Al Amarah since the end of major combat operations.

During the warfighting and subsequent phases of Operation Telic, every effort has been made to minimise the impact of military operations on the Iraqi civilian population. For UK air operations, the targeting process has a hierarchical approvals system and includes stringent controls. At each level, UK Commanders, with legal advisors present, applied the relevant articles of the 1977 Geneva Protocol 1 to the Geneva Conventions (1949) which applies to targeting. In each case when attacks were approved, the UK Commander will have determined that legal requirements of necessity and distinction were met, and that estimated civilian casualties or damage were not excessive in relation to the concrete and direct military advantage that the attack was expected to produce.