30
HASSAN v. THE UNITED KINGDOM – JUDGMENT
the Court finds that it is probable that Tarek Hassan was released in or near
Umm Qasr on 2 May 2003.
56. The Court is of the view that, in this case, since the evidence
concerning Tarek Hassan’s detention and release was, for the most part,
accessible only to the Government, the onus is on them to provide a
plausible and satisfactory explanation as to what happened to Tarek Hassan
in the Camp and to show that he was released and that the release followed
a safe procedure (see paragraph 49 above). The computer records show that
by 22 May 2003 the United Kingdom had captured and processed some
3,738 detainees in Iraq since the start of hostilities and had released all but
361 (see paragraph 28 above). In the light of the time that had elapsed
before the applicant lodged his claim and the large number of United
Kingdom detainees that were released from Camp Bucca around the end of
April and the beginning of May 2003, it is unsurprising that no eye witness
able to remember Tarek Hassan’s release has been traced. In the
circumstances of the present case, the Court finds that the evidence referred
to above is sufficient to satisfy the burden of proof on the Government.
57. Finally, there is no evidence before the Court to suggest that Tarek
Hassan was ill-treated while in detention. The interview records show that
he was questioned on two occasions, shortly after having been admitted to
the Camp, and found to be a civilian, of no intelligence value and not posing
any threat to security. The witness statement submitted by the applicant, of
Mr Al-Saadoon, who claimed to have seen Tarek Hassan in the civilian
holding area in Camp Bucca in the period after he was questioned and
before he was released, makes no mention of any sign of injury on Tarek
Hassan or any complaint by him of ill-treatment. Moreover, apart from the
applicant’s witness statement, there is no evidence before the Court as to the
cause of Tarek Hassan’s death or the presence of marks of ill-treatment on
his body, since the death certificate contains no information on either point.
Assuming the applicant’s description of his brother’s body to be accurate,
the lapse of four months between Tarek Hassan’s release and his death does
not support the view that his injuries were caused during his time in
detention.
58. Having established the facts of the case, the Court must next
examine the applicant’s complaints under the Convention.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents