HASSAN v. THE UNITED KINGDOM – JUDGMENT
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for “Tarek Resaan Hashmyh Ali”. In his witness statement the applicant
explained that for official purposes Iraqis use their own first name, followed
by the names of their father, mother, grandfather and great-grandfather.
“Ali” was the applicant’s great-grandfather’s name and it appeared that
Hassan (his grandfather’s name) was omitted by mistake. Tarek Hassan was
issued with a wristband printed with his United Kingdom internment serial
number UKDF018094IZSM; with “DF” denoting “detention facility”, “IZ”
meaning allegiance to Iraq and “SM” standing for “soldier male”. Screen
shots from the AP3-Ryan database also show that Tarek Hassan was asked
whether he consented to the national authorities being informed of his
detention and that he did not consent to this.
19. Following the United Kingdom registration process, detainees would
be transferred to the United States forces for a second registration. This
involved the issue of a United States number, printed on a wrist band. Tarek
Hassan’s United States registration number was UK912-107276EPW46.
The “UK” reference indicated that the United Kingdom was the capturing
nation and “EPW” indicated that he was treated by the United States forces
as an enemy prisoner of war; however, at this stage all detainees were
classified as prisoners of war except those captured by British forces on
suspicion of having committed criminal offences. After registration,
detainees were usually medically examined, then provided with bedding and
eating and washing kits and transferred by United States forces to the
accommodation areas.
20. The Government submitted a witness statement by Mr Timothy
Lester, who was charged with running the United Kingdom Prisoner of War
Information Bureau (UKPWIB) in respect of Iraq from the start of military
operations there in March 2003. He stated that the UKPWIB operated in
Iraq as the “National Information Bureau” required by Article 122 of the
Third Geneva Convention and monitored details of prisoners of war
internees and criminal detainees in order to facilitate contact with their
next-of-kin. The Third Geneva Convention also required the establishment
of a “Central Prisoners of War Information Agency”. This role was
subsumed by the Central Tracing Agency of the International Committee of
the Red Cross (ICRC). The ICRC collected information about the capture of
individuals and, subject to the consent of the prisoner, transmitted it to the
prisoner’s country of origin or the power on which he depended. In practice,
details of all prisoners taken into custody by British forces were entered by
staff at the detention facility in Iraq and sent to Mr Lester in London, who
then transferred the data to a spread-sheet and downloaded it to the ICRC’s
secure website. He stated that during the active combat phase he typically
passed data to the ICRC on a weekly basis, and monthly thereafter.
However, Tarek Hassan’s details were not notified to the ICRC until 25 July
2003, because of a delay caused by the updating of UKPWIB computer
system. In any event, it was noted on Tarek Hassan’s record that he did not
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