8
HASSAN v. THE UNITED KINGDOM – JUDGMENT
7. The Accepting Power will be responsible for the accurate accountability of all
prisoners of war, civilian internees, and civilian detainees transferred to it. Such
records will be available for inspection by the Detaining Power upon request. If
prisoners of war, civilian internees, or civilian detainees are returned to the Detaining
Power, the records (or a true copy of the same) relating to those prisoners of war,
civilian internees, and civilian detainees will also be handed over.
8. The Detaining Powers will assign liaison officers to Accepting Powers in order
to facilitate the implementation of this arrangement.
9. The Detaining Power will be solely responsible for the classification under
Articles 4 and 5 of the Geneva Convention Relative to the Treatment of Prisoners of
War of potential prisoners of war captured by its forces. Prior to such a determination
being made, such detainees will be treated as prisoners of war and afforded all the
rights and protections of the Convention even if transferred to the custody of an
Accepting Power.
10. Where there is doubt as to which party is the Detaining Power, all Parties will
be jointly responsible for and have full access to all persons detained (and any records
concerning their treatment) until the Detaining Power has by mutual arrangement
been determined.
11. To the extent that jurisdiction may be exercised for criminal offenses, to include
pre-capture offenses, allegedly committed by prisoners of war, civilian internees, and
civilian detainees prior to a transfer to an Accepting Power, primary jurisdiction will
initially rest with the Detaining Power. Detaining Powers will give favourable
consideration to any request by an Accepting Power to waive jurisdiction.
12. Primary jurisdiction over breaches of disciplinary regulations and judicial
offenses allegedly committed by prisoners of war, civilian internees, and civilian
detainees after transfer to an Accepting Power will rest with the Accepting Power.
13. The Detaining Power will reimburse the Accepting Power for the costs involved
in maintaining prisoners of war, civilian internees, and civilian detainees transferred
pursuant to this arrangement.
14. At the request of one of the Parties, the Parties will consult on the
implementation of this arrangement.”
17. According to the witness statement of Major Neil B. Wilson, who
served with the Military Provost Staff at Camp Bucca during the period in
question, the usual procedure was for a detainee to arrive at the Camp with a
military escort from the capturing unit. On arrival he would be held in a
temporary holding area while his documents were checked and his personal
possessions were taken from him. Medical treatment would be provided at
this point if required. The detainee would then be processed through the
arrivals tent by United Kingdom personnel with the aid of an interpreter. A
digital photograph would be taken and this, together with other information
about the detainee, would be entered on the database used by the United
Kingdom authorities to record a wide range of military personnel
information during the operations in Iraq, including detainee information,
known as the AP3-Ryan database.
18. Examination of this database showed that there was no entry under
the name Tarek Resaan Hassan but there was an entry, with a photograph,