The Baha Mousa Public Inquiry

Day 13: Tuesday 29 September 2009

The evidence of detainees D007 and D006

The evidence of D007

D007 was sworn in as a witness and then questioned by Mr Gerard Elias QC, counsel to the Inquiry.  D007 confirmed that his witness statements (in English) had been translated to him in Arabic.

D007 was asked to go back to 14 September 2003, the day he was arrested by British troops; D007 confirmed that he had been kidnapped on that day.  D007 said that he had been driving a white Nissan, a Ministry of Education vehicle, on that day and that C006 had given him permission to use said car.  D007 was going to the Ministry garage when another car came alongside him containing men who attacked him at gunpoint.  D007 then made a run for it by driving very fast but got held up by truck at a junction at which point a gunman got out of the pursuing vehicle, held a Kalashnikov to D007's head and got into D007's car along with 2 other gunmen.  D007 then disobeyed the orders of the gunmen and deliberately crashed the vehicle with a view to escaping; D007 then ran away from the car and saw the gunmen getting back in their own car.

D007 said that the British army arrived on the scene shortly after and examined the crashed vehicle and found 3 AK-47 rifles in the car which D007 said must have been left by the fleeing gunmen.  The British army also found the following items in the back seat and back foot well of the car: (i) 8 magazines of ammunition containing 240 rounds each, (ii) a radio antennae and (iii) documentation.  D007 said that the men must have left the magazines as well though the documentation found related to the vehicle he was driving.  The documentation was a letter in English, allegedly from the Coalition Provisional Authority, authorising a named driver at C Company 1 Queen’s Lancashire Regiment (1QLR) to drive the vehicle and D007 was told by C006 that he should produce this document if stopped.  It was suggested to D007 that this kidnapping story was fabricated as a cover story for having the weapons; D007 vehemently denied this saying that the British army had suggested the same to him at the time and that he had told them to take his fingerprints to see whether they matched those on the guns in question.  D007 had his hands tied with a plastic band and was taken to the police station where he explained everything to a police officer.  When the police conveyed this to the British army, a soldier pulled him by the collar into a military Land Rover and drove off.   D007 said he was given soft kicks, which did not hurt, to the legs by two of the soldiers in the Land Rover which drove to the Temporary Detention Facility (TDF).  When told that in his witness statement D007 had told the Royal Military Police (RMP) that he had been kicked on the way to the police station but not the TDF D007 said that this was not the case and that he had always provided the same information on this issue.

Mr Elias stated that D007 was taken to the TDF on the Sunday where he remained until Tuesday.  D007 said that on arriving at the TDF he was photographed before entering the building.  D007 said he was first taken, by 2 or 3 soldiers, into the left hand room of the TDF and taken through into the right hand room.  D007 said that his eyesight was not restricted when walking through the left hand room of the TDF and he remembered seeing 5 or 6 people against the wall, all hooded with their hands tied with a band in front of them.  TDF explained that the men's legs were slightly bent and that they were all leaning forward slightly, some standing up, some sitting down.  D007's witness statement to the RMP in September 2003 was shown to the Inquiry, stating that D007 had said that all the men were sitting cross-legged with arms outstretched in front of them; D007 told the Inquiry that he had never said this and had explained the positions very clearly.  Mr Elias suggested that D007's memory would have been clearer in 2003 than in 2009 though D007 said that these scenes could not disappear from his memory.  D007 said he arrived at the TDF at about 10:30/11pm which Mr Elias said tallied with the internment record showing that D007 had arrived at 10:30pm on the Sunday night.  D007 said that he did not know any of the men at the TDF.  D007 said that some of the detainees in the TDF had torn shirts and that they were exhausted (D007 could tell this as they were nodding down), in a pitiful condition and moaning.  D007 did not talk to the detainees at this stage.

When questioned D007 first told the Inquiry that there was nobody in the left hand room when he was taken there but on hearing an extract from his witness statement, stating that he had seen a civilian in the left hand room, said that at first he did not see anyone in the left hand room but noticed someone in there at a later stage but did not talk to this man.  D007 said that he was in the left hand room for half an hour (maybe less) before he was hooded.  D007 confirmed that he had seen an unhooded civilian (which he later discovered to be D006) in the left hand room, lying on the floor with his hands tied.  D007 was unaware if this man was being beaten.  D007 said that on the third day he saw a doctor come into the room to check D006's blood pressure; D007 was told that his statement to the Inquiry stated that he had seen this on the second day when his hood was lifted to eat but D007 was adamant the doctor examined D006 on the third day before the detainees were taken to Camp Bucca.

D007 said he was then hooded, tested to establish whether he could see then double hooded and eventually triple hooded with his hands tied in front of him.  Shortly thereafter D007 was beaten.  D007 said his hood was raised for eating, drinking water, to smoke a cigarette, for questioning and on the third day before being taken to Camp Bucca.

D007 said that he was given hard kicks to the right hand side of his body (namely to the kidney and thigh), struck with a tool (either a stick or metal object to the back) and then with a shoe to his head.  D007 said he was beaten throughout the first night, was forced to keep his hands outstretched and would be beaten if his hands dropped.  D007 confirmed that at some stages during the second day of his detention he was left alone.  D007 said that one of the soldiers strangled him by putting his thumbs and fingers in D007's mouth and the rest of his hands applying pressure to the neck.  D007 was strangled a second time in the same way.  D007 was unable to see the soldiers who attacked him save for the soldier who strangled him on the second occasion as the soldier lifted up D007's hood to strangle him on the second night.  D007 described this soldier as being short, well built (like a bodybuilder), athletic, blue eyed with brownish skin.   D007 said that he would have groaned and expressed pain during these events.  An extract from D007's statement given to the Royal Military Police (RMP) was read out saying that a soldier had pulled his mouth open with both hands but the statement did not mention strangulation; D007 said that he had told the RMP about the strangulation and suggested that the interpreter may not have conveyed this.  D007 said he felt that he was going to die when he was being strangled but did not know whether the same soldier had strangled him twice.

D007 heard someone in pain from outside of the room that was saying 'Aaargh'. and 'Leave me alone'.  'I'm going to die'.  'Have mercy on me'.  He had no idea who said this.

D007 said that he was given water, could use the toilet when he requested it and offered food on the second day.  This was the only occasion D007 said he was offered food.  D007 said the soldiers prevented him from sleeping by shouting at him.

Mr Elias said that D007 had been taken to be questioned by a Sergeant Smulski (Field Security Section, 19 Mechanical Brigade).  D007 said that the questioner only asked him his name and whether he had served in the Iraqi army.  D007 said that the questioner slapped him on the right cheek and was aggressive.  Questioning lasted no more than ten minutes.  D007 said that he did not tell the questioner that he had been beaten.  Mr Elias asked why he had only mentioned the slapping recently and not mentioned the slapping to the RMP; D007 responded that the RMP had not asked him about it and that he had divulged this information when his solicitors asked him to provide a detailed account of what had happened during the interrogation.  D007 said that his beating lessened after the interrogation.

When asked, D007 said that he saw the other detainees when they got into the lorry that was heading to Camp Bucca and noticed that (i) D003 had a torn face, bruises to the abdomen and a red chest and that (ii) D002 had bruises to his face and abdomen.  D007 said that he had bruises to his right side, the kidney and to his right thigh and that his left knee was in pain.  The Inquiry was then shown photos showing bruising to the right hand side of D007's body.  D007 said that although he explained all his injuries to a doctor at Camp Bucca the doctor did not seem interested.

D007 said that he did not support Saddam Hussein and his cruel regime and that he had a high regard of the British before his arrest.

Mr James Dingemans QC examined D007.  An extract from D007's statement to his solicitors stated that he had not been beaten in the interrogation room and D007 was asked why had not mentioned the slapping; D007 said you could not compare a beating to a slap.  D007 confirmed that the RMP had asked him whether there was anything else he wished to add to his statement.

Mr Michael Topolski QC examined D007.  D007 confirmed that he had only passed through the left hand room in the TDF and had not spent time in there.

Mr Daniel Friedman questioned D007.  D007 said that the British army arrived on the scene 10-15 minutes after the collision and that he had his Iraqi ID card on him which he provided.  D007 said he understood that C006 had been able to retrieve his car two or three days after D007's release from Camp Bucca.

The Chairman questioned the witness.  D007 said that the right hand room in the TDF smelt like a toilet.

The evidence of detainee D006

D006 was called as a witness. He confirmed that his witness statement (In English) had been read to him in Arabic, and he was questioned by Mr Elias.  D006 confirmed (i) that he had hardening of the arteries, was taking medication for this and had this condition when he was arrested by British soldiers in 2003 and (ii) that the passage of time and his health made it difficult for him to remember things in the past.  D006 confirmed that he was the founder of Hotel Ibn Al Haitham and that at the time of his arrest there were two co-owners of the hotel, one of whom was D006's son, the man known to have fled (C001) when the army arrived. 

D006 said that he was happy when the British army arrived in Iraq and that his attitude towards the Saddam regime was one of rejection and that one of his nephews had been killed by the Saddam regime.  D006 was shown a photograph of a toilet in the hotel containing weapons and other items; D006 said that the room was used as a store room.  He did not know that grenades were kept in the hotel.  D006 said he knew that guns were kept in the hotel, that they were for the protection of hotel but could not remember who had brought them into the hotel.  D006 said that the guards used the guns and confirmed that his son had an interest in weapons.  D006 said that the guns were stored in the administration section and confirmed this was the toilet, a photograph of which had been shown to the Inquiry.  D006 did not remember seeing photographs of people carrying guns.

D006 confirmed that between 7 and 10 British soldiers came to his house and dragged D006 and his son (D005 not C001) by their clothes into the garden and were made to lie in the garden with soldiers' feet on D006 and said son's necks.  D006 confirmed they were then taken to TDF where they spent the next 2 days.  D006 said that on arrival at the TDF their hands were tied, they were made to stand on one leg and hoods were brought in, D006 was then double hooded and he could not see as a result.  D006 confirmed that his son was also hooded and that, at first, they were the only 2 people in the room they were in.  Mr Elias said he knew that they had arrived at the TDF some time on Sunday and remained there until the Tuesday morning.  D006 said that the hood remained on his head for 12-18 hours, confirming this must have been some time on Monday, and that his hood was then removed, though not replaced, at the instructions of a doctor.  D006 did not remember how long after being hooded did the beating start.

D006 said that whilst hooded, he was hit with a torch on the head and kicked with boots in the kidney area, hit on the back, the shoulder blades and told not to sleep.  D006 was asked how many times he was kicked; D006 was unsure but thought it was about 100 blows, the beating being non-stop all night.  When questioned, D006 did not remember whether his body showed any external sign of injury when examined at Camp Bucca.  D006 did not remember whether the soldiers found D006's medication for his heart condition when he was searched.

D006 said that he was questioned on the first night of his detention, before he had been medically examined, and that he had been beaten in the TDF before the questioning.   The questioner asked D006 about his name, occupation and C001.  D006's hood was taken off for questioning which lasted five minutes.

The next day, around 9am, D006 said he fell on the floor as he had something akin to blood clotting.  D006 said the soldiers looked worried and had to resuscitate him, by pushing on his chest, and decided to call a doctor.  The doctor had a stethoscope, examined D006's heart and asked that D006's handcuffs and hood be removed.   The doctor said that D006 should go to hospital but the soldiers refused; when asked whether an interpreter was present D006 said he understood what 'hospital' meant.  D006 asked for his son, who was being kept in the toilet, to be brought into the same room as him and this was done.  D006 said that breakfast was ordered for him and confirmed he was given tablets for his condition.  The Inquiry was then shown an Attendance and Treatment Card dated 15 Sept 03 showing that D006 had a heart condition, irregular heart beat and slight rise in pulse rate and showing that medication (propranolol) and aspirin were prescribed; D006 said that medication was given to him to widen the arteries - although he was not 100% after taking the medication it helped as he was 50% ok.  D006 said that following this episode his hands were not retied, he was not rehooded and he was not beaten.  D006 said that his son had been unhooded and uncuffed when brought to him and that his son had looked after him, fanning him with carton.  D006 and his son had breakfast together and D006 remembers that his son had heavy breathing though could not remember what other injuries he had.  D006's son was taken away after an hour, though D006 did not know where.

D006 said that when the hood was removed for his medical examination that he noticed D007 was in the same room as him.  D006 remembers 3 soldiers, one after another, beating D007 but did not remember if D007 was hooded.  D006 could hear the other detainees screaming in another room.  D006 confirmed that he had been given water to drink.

In a statement he had given, D006 had said that his son, C001, had come to D006's house to tell D006 that troops had stormed the hotel.  D006 became agitated, gave verbose answers and said that C001 had not come to the Hotel.  When asked where his son was D006 was vague but finally revealed that his son was in Jordan and that he had spoken to him months ago.

Mr Michael Topolski QC examined D006.   An extract from D006's statement to the Inquiry stated that a tall soldier that appeared sympathetic had searched D006, found the pills and discussed with D006 and his son what the pills were for.  D006 confirmed that he thought the soldier was sympathetic.

Mr Daniel Friedman examined D006.  D006 said that when the army invaded his house that his wife pleaded with the soldiers that D006 take his medication with him.  D006 said he could not remember whether it was day-time or night-time when the beatings started.