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Colonel accused over Iraq 'abuse' Colonel 'broke Geneva Convention'
(about 3 hours later)
A commanding officer was as responsible for the alleged abuse of detainees in Iraq as his men, a court has heard. An Army commander allowed his men to violently abuse nine Iraqi detainees in direct breach of the Geneva Convention, a court martial has heard.
Colonel Jorge Mendonca, 42, denies failing to ensure nine Iraqi civilians being held in Basra, southern Iraq, in September 2003 were not ill-treated. Colonel Jorge Mendonca, 42, never questioned the legality of their treatment, it is alleged.
Prosecutors told a court martial in Wiltshire that his failings had played a part in the way they were treated. Col Mendonca denies failing to ensure the Iraqi civilians being held in Basra, southern Iraq, in September 2003 were not ill-treated by his soldiers.
Col Mendonca is among six soldiers who deny charges over the alleged abuse. A seventh admits inhumane treatment. Five other soldiers deny abuse charges. A seventh admits inhumane treatment.
'Distinguished officer' The civilian detainees were allegedly hooded, deprived of sleep and beaten - and one of them, Baha Mousa, 26, died in custody.
One of the detainees, Baha Mousa, 26, died in custody. 'Played part'
Prosecutor Julian Bevan QC said of the former commander of the Queen's Lancashire Regiment (QLR): "Col Mendonca is a distinguished officer, awarded a DSO for services in Iraq, an award for gallantry not lightly given. Asked if he had heard screams coming from the building where the alleged abuse took place, Col Mendonca replied: "I express incredulity at that comment."
The fact that he delegated this task...did not bring either his responsibility or duties towards the detainees to an end Julian Bevan QC UK soldier admits war crime Regiment 'regrets Iraq death' The fact that he delegated this task...did not bring either his responsibility or duties towards the detainees to an end Julian Bevan QC UK soldier admits war crime Regiment 'regrets Iraq death'
Col Mendonca, former commander of the Queen's Lancashire Regiment (QLR), added "his hearing was not what it used to be".
Prosecutor Julian Bevan QC said he accepted Col Mendonca's remark about his hearing, but added: "He is by no means deaf."
Opening his case against Col Mendonca at Bulford Camp in Wiltshire, Mr Bevan said: "Col Mendonca is a distinguished officer, awarded a DSO (Distinguished Service Order) for services in Iraq, an award for gallantry not lightly given.
"Sadly, in this case, his failings in respect of these Iraqi civilians played a part in the way they were treated.""Sadly, in this case, his failings in respect of these Iraqi civilians played a part in the way they were treated."
Mr Bevan said Col Mendonca was not any less responsible for the welfare of the detainees because he was not involved in dealing with them. 'Outlawed techniques'
The court martial at Bulford Camp has heard that a practice involving sleep deprivation, hooding and putting detainees in the "stress position" - standing with knees bent and arms outstretched for long periods - was common in the QLR. The alleged inhumane treatment, which included detainees holding stress positions such as standing with knees bent and arms outstretched, was known as "conditioning", a practice used to soften up prisoners for tactical questioning.
The prosecution says such practices - known as conditioning - amount to ill-treatment and are banned by the Geneva Convention and the Laws of Armed Combat. Mr Bevan said such techniques were commonplace in the QLR despite being outlawed by the Geneva Convention, the Laws of Armed Combat, a 1972 Government inquiry into interrogation in Northern Ireland and the Human Rights Act 1998.
'Systematic ill-treatment'
Mr Bevan said Col Mendonca was the commanding officer and as such was responsible for the conduct of his soldiers.
CHARGES IN FULL Cpl Donald Payne - manslaughter, inhumane treatment of persons, perverting the course of justiceL/Cpl Wayne Crowcroft - inhumane treatment of personsPte Darren Fallon - inhumane treatment of personsSgt Kelvin Stacey - actual bodily harm, alternatively assaultWarrant Officer Mark Davies - negligently performing a dutyMaj Michael Peebles - negligently performing a dutyCol Jorge Mendonca - negligently performing a dutyCHARGES IN FULL Cpl Donald Payne - manslaughter, inhumane treatment of persons, perverting the course of justiceL/Cpl Wayne Crowcroft - inhumane treatment of personsPte Darren Fallon - inhumane treatment of personsSgt Kelvin Stacey - actual bodily harm, alternatively assaultWarrant Officer Mark Davies - negligently performing a dutyMaj Michael Peebles - negligently performing a dutyCol Jorge Mendonca - negligently performing a duty
"The fact is that he was aware that stress positions and deprivation of sleep, as well as hooding, were used as part of the conditioning process for detainees undergoing the tactical questioning process and he never questioned it," he said. Col Mendonca said in interview that a senior officer from the Army Legal Services had indicated that hooding was acceptable, although this is denied by the officer in question.
"The Crown suggests he should have done, since one would have expected a reasonably capable and careful person of his seniority and experience in the service to have done so." Col Mendonca said he left conditioning to Major Michael Peebles and Warrant Officer Mark Davies.
"The ill-treatment was systematic and lasted 36 hours," he added. Mr Bevan said: "The fact that he delegated this task to Major Peebles did not bring either his responsibility or duties towards the detainees to an end."
'Delegated task' Col Mendonca had been taught on a course that hooding, stress positions, noise and sleep deprivation were banned, said Mr Bevan.
In an interview Col Mendonca said a major had indicated that it was acceptable to hood detainees. The major he named disagrees with the claim. Earlier ,the court heard that WO Davies took an active role in the alleged brutality, which he denied in interview, but Mr Bevan said he was a liar.
Col Mendonca said he left the conditioning process entirely to Major Michael Peebles and Warrant Officer Mark Davies. The trial was adjourned until Monday.
Col Mendonca said he never questioned the legality of conditioning techniques, the court was told.
Mr Bevan said: "The fact that he delegated this task to Maj Peebles did not bring either his responsibility or duties towards the detainees to an end."
He added that Col Mendonca had been taught on a course that hooding, stress positions, noise and sleep deprivation were all banned interrogation techniques.
The court martial was adjourned until Monday.