HASSAN v. THE UNITED KINGDOM – JUDGMENT
29
Tarek Hassan may well have been armed with, or at least in the possession
of, an AK-47 machine gun at the moment of his capture, namely the
applicant’s assertion that his younger brother had been left to protect the
family home (see paragraph 10 above) and Tarek Hassan’s reported
explanation, during his interrogation by British agents, of the presence of
the weapon as being for personal protection (see paragraph 24 above). The
Camp Bucca records further indicate that he was cleared for release as soon
as it had been established that he was a civilian who did not pose a threat to
security.
54. The Court accepts that Tarek Hassan’s capture was linked to his
relationship with his brother, but only to the extent that the British forces,
having been made aware of the relationship by Tarek Hassan himself and
finding Tarek Hassan armed at the moment of capture (see paragraph 11
above), may have suspected that he also was involved with the Ba’ath Party
and Al-Quds Army. The Court does not find that the evidence supports the
claim that Tarek Hassan was taken into custody to be held until the
applicant should surrender. If that had been the intention of the United
Kingdom forces, he would not have been cleared for release immediately
after the second interview and less than 38 hours after his admission to
Camp Bucca (see paragraph 22 above).
55. As regards the date and place of Tarek Hassan’s release, the
principal evidence consists of entries from AP3-Ryan (see paragraph 28
above). One entry made on 4 May 2003 recorded that Tarek Hassan had
been released on 2 May 2003, by coach, to Umm Qasr, on the ground of the
“End of Hostilities”. Another entry on 12 May 2003 found that
Tarek Hassan was not present in the Camp when a full check of detainees
was made. The Court considers, on the basis of these entries, taken together
with the decision made following the second screening interview not to
continue to detain Tarek Hassan, that he was in all probability released early
in May 2003. This view is further supported by the evidence provided by
the Government concerning the policy decision taken by United Kingdom
forces to release all detainees prior to or immediately following the
cessation of hostilities announced on 1 May 2003, save those suspected of
criminal offences or of activities posing a risk to security (see paragraph 27
above). As to the place of release, the Court notes that Camp Bucca was
situated only about 2.5 kilometres from Umm Qasr. Although the main text
of the relevant military order relating to the release of detainees from Camp
Bucca did not list Umm Qasr as a drop-off point (listing only four towns to
the north of the Camp), the annex to the order did describe Umm Qasr as a
release area. It is impossible to be certain in the absence of more conclusive
evidence, but given the town’s proximity to the Camp, its mention in the
annex, the United Kingdom policy of releasing detainees following the end
of hostilities and the computer entries concerning Tarek Hassan’s release,
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