HASSAN v. THE UNITED KINGDOM – JUDGMENT
11
born in the 1970s), and his little sister (age; unexploited). Home is across from the
Khalissa school in the Jamiyat region in N. BASRA. EPW left middle school as a
recruit to play soccer. He currently plays in the Basra Soccer Club and his position is
attacker/forward. His team receives money from the government and the Olympic
committee to pay for team expenses. EPW has no job since soccer is his life and they
pay for all of his soccer expenses.
EPW knows that he was brought in because of his brother, Qazm. Qazm is a Othoo
Sherba in the Ba’ath party and he fled his home four days ago to an unknown
destination. Qazm joined the Ba’ath party in 1990 and is involved in regular meetings
and emergency action planning (nothing else exploited). Before the war, Qazm
received a pickup from the Ba’ath party. When the coalition forces entered BASRA,
Qazm gave the pickup to a neighbour (name not exploited) to safeguard it and Qazm
went to a hotel in downtown BASRA (name of hotel is unknown). Qazm made a few
phone calls during that time, but never mentioned where he was staying. A problem
arose when the original owners of the pickup, the local petroleum company, came to
reclaim the vehicle they had lent the Ba’ath party. Qazm became frustrated with the
whole mess and fled soon after that.
EPW seems to be a good kid who was probably so involved with soccer that he
didn’t follow his brother’s whereabouts all that much. But it seems they have a close
knit family and EPW could know more about his brother’s activities in the Ba’ath
party, and some of his friends involved in the party, too. Using any type of harsh
approach is not going to be effective. EPW loves his family and soccer. EPW will
cooperate, but he needs someone he can trust if he’s going to tell information about
his brother that is going to harm him. EPW seems to be innocent of anything himself,
but may help with information about others around him.”
24. A record of the second questioning was provided by the Government
in the form of a Tactical Questioning Report. This document indicated that
it related to “PW 494” with the “date of information” recorded as
“250445ZAPR03”, that is 4.45 Zulu or 7.45 local time on 25 April 2003.
The report stated:
“1. EPW [Enemy Prisoner of War] is 22 years old, single, living with his 80 year
old father (who is a Sheik) and his mother in the Jamiyet district of BASRAH. He
works as a handyman and has not done his military service due to his status as a
student. He stated that an AK 47 was present in their house at the time of his arrest but
it was only kept for personal protection. The EPW and his father are not Ba’ath Party
members.
2. EPW says he was arrested at his house by United States troops [sic] who were
looking for his brother, Kathim. His brother is a Ba’ath Party member, an Uthoo
Shooba. He joined the party in 1990 when he became a law student in the school of
law in the Shaat Al Arab College. His brother is still a student, in his last year of
study, married but with no children. He has alternated study with periods of work as a
car trader. His brother was in fear of his life because of fear of reprisals against Ba’ath
Party members and so had run away possibly to SYRIA or IRAN. The EPW last
spoke with his brother 5 days ago by phone. His brother did not disclose his location.
JFIT COMMENT: EPW appears to be telling the truth and has been arrested as a
result of mistaken identity. He is of no intelligence value and it is recommended that
he is released to the civilian pen. JFIT COMMENT ENDS.”
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