12
HASSAN v. THE UNITED KINGDOM – JUDGMENT
E. Evidence relating to Tarek Hassan’s presence in the civilian
holding area at Camp Bucca and his possible release
25. The applicant submitted a summary of an interview dated 27 January
2007 with Fouad Awdah Al-Saadoon, the former chairman of the Iraqi Red
Crescent in Basrah and a friend of the applicant’s family. He had been
arrested by British troops and detained at Camp Bucca, in a tent holding
approximately 400 detainees. He stated that on 24 April 2003 at around
6 p.m. Tarek Hassan was brought to the tent. Mr Al-Saadoon stated that
Tarek Hassan seemed scared and confused but did not mention that Tarek
Hassan complained of having been ill-treated. Tarek Hassan was not
interrogated during the time they were together in Camp Bucca. Since
Mr Al-Saadoon was in ill-health, Tarek Hassan brought him food and cared
for him. Mr Al-Saadoon was released on 27 April 2003, in a batch of 200
prisoners, since the United Kingdom authorities had decided to release all
detainees aged 55 or older. The detainees were released at night, on a
highway between Al-Basrah and Al-Zubair and had to walk 25 miles to the
nearest place they could hire cars. Following his release, he informed the
applicant’s family that he had seen Tarek Hassan at Camp Bucca.
According to the applicant, this was the only information received by the
family about his brother’s whereabouts following the latter’s arrest. In
response to this statement, the Government submitted that Mr Al-Saadoon
might have been mistaken about the date, because it appeared from the
interrogation records that Tarek Hassan was released to the civilian holding
area on 25 April 2003. They also emphasised that stringent efforts were
made to return individuals to their place of capture or to an alternate
location if requested, and that 25 miles was much greater than the distance
between Al-Basrah and Al-Zubair.
26. According to the witness statement, provided by the Government, of
Major Neil Wilson, who commanded a group of soldiers from the Military
Provost Staff who advised on detention issues within the United Kingdom
area of operations in Iraq during the relevant period, the decision to release
United Kingdom captured detainees held at Camp Bucca, other than those
facing criminal charges, was taken by a tribunal convened by United
Kingdom military legal officers. Details were then passed to the United
States guards, before those released were processed out of the Camp, with
their details checked and entered on the AP3-Ryan database. According to
the orders made by the United Kingdom’s Military Divisional Headquarters
based in Basrah and applying at that time, the United States forces were
responsible for the repatriation of all prisoners to the areas within their field
of operation and the United Kingdom forces were responsible for returning
prisoners to areas within their field of operation, namely South East Iraq,
regardless of which force had captured the prisoners. The ICRC was to have
access to all those being released. Again according to the applicable orders,
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