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| Photographs may help explain Iraqi deaths, al-Sweady inquiry hears | Photographs may help explain Iraqi deaths, al-Sweady inquiry hears |
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| Photographs of dead Iraqis taken by a British army officer after a battle in the south-east of the country may be the key to establishing whether they were killed during that encounter or murdered after being taken prisoner, a public inquiry heard on Tuesday. | Photographs of dead Iraqis taken by a British army officer after a battle in the south-east of the country may be the key to establishing whether they were killed during that encounter or murdered after being taken prisoner, a public inquiry heard on Tuesday. |
| The inquiry was established following allegations that British troops murdered up to 20 prisoners after a fierce battle in May 2004 and tortured five other captives. | The inquiry was established following allegations that British troops murdered up to 20 prisoners after a fierce battle in May 2004 and tortured five other captives. |
| There is a "stark dispute" between the relatives of the dead men and the Ministry of Defence over the way the deaths occurred, Jonathan Acton Davis QC, counsel to the inquiry has explained. | There is a "stark dispute" between the relatives of the dead men and the Ministry of Defence over the way the deaths occurred, Jonathan Acton Davis QC, counsel to the inquiry has explained. |
| He said that it was accepted that Captain James Rands of the Princess of Wales Royal Regiment took pictures of the corpses at a British military base known as Camp Abu Naji, near the town of Majar al-Kabir. | He said that it was accepted that Captain James Rands of the Princess of Wales Royal Regiment took pictures of the corpses at a British military base known as Camp Abu Naji, near the town of Majar al-Kabir. |
| An order had been issued that bodies were to be taken to the camp to establish whether one was a leading local insurgent being sought by British forces, and Rands says he took the pictures shortly after 20 corpses arrived from the battlefield in two armoured vehicles. | An order had been issued that bodies were to be taken to the camp to establish whether one was a leading local insurgent being sought by British forces, and Rands says he took the pictures shortly after 20 corpses arrived from the battlefield in two armoured vehicles. |
| Lawyers representing relatives of the dead will argue this cannot be correct, as some of the men he photographed were alive when they were captured. | Lawyers representing relatives of the dead will argue this cannot be correct, as some of the men he photographed were alive when they were captured. |
| "If they were taken as Rands says they were ... then the allegation of unlawful killing within the camp will not be made out," Acton Davis said. "If, on the other hand, they were not taken then, that would tend to undermine the military account of the handling of the dead, and may – and probably would – lend support to the suggestion that live Iraqis arrived at Camp Abu Naji and were subsequently killed unlawfully." | "If they were taken as Rands says they were ... then the allegation of unlawful killing within the camp will not be made out," Acton Davis said. "If, on the other hand, they were not taken then, that would tend to undermine the military account of the handling of the dead, and may – and probably would – lend support to the suggestion that live Iraqis arrived at Camp Abu Naji and were subsequently killed unlawfully." |
| Acton Davis said that Rands would be giving evidence to the inquiry about the circumstances in which the photographs were taken. He cautioned, however: "It must be added that anyone who has read the transcript of Rands giving evidence in the administrative court will recall that there are a number of questions about his evidence." | Acton Davis said that Rands would be giving evidence to the inquiry about the circumstances in which the photographs were taken. He cautioned, however: "It must be added that anyone who has read the transcript of Rands giving evidence in the administrative court will recall that there are a number of questions about his evidence." |
| The al-Sweady inquiry is named after Hamid al-Sweady, a 19-year-old alleged victim. There is conflicting evidence as to whether or not he was seen being captured alive the day before his body was returned to his family. The inquiry will hear evidence from up to 200 military witnesses and will not report until the end of next year. | The al-Sweady inquiry is named after Hamid al-Sweady, a 19-year-old alleged victim. There is conflicting evidence as to whether or not he was seen being captured alive the day before his body was returned to his family. The inquiry will hear evidence from up to 200 military witnesses and will not report until the end of next year. |
| The inquiry will also hear from around 60 Iraqi witnesses, in London and Beirut, including former prisoners. Acton Davis said some have given statements in which they say they were beaten on capture, deprived of sleep and threatened by interrogators. Others, while hooded, said they could hear other prisoners screaming in pain while at Camp Abu Naji, and the sounds of shots being fired within the base. | The inquiry will also hear from around 60 Iraqi witnesses, in London and Beirut, including former prisoners. Acton Davis said some have given statements in which they say they were beaten on capture, deprived of sleep and threatened by interrogators. Others, while hooded, said they could hear other prisoners screaming in pain while at Camp Abu Naji, and the sounds of shots being fired within the base. |
| Acton Davis said the first responsibility of the inquiry would be to attempt to establish whether 20 Iraqi men were killed during the battle in May 2004 and their corpses taken Camp Abu Naji – as the Ministry of Defence insists was the case – or whether they were captured alive and then unlawfully killed during 14 and 15 May 2004. | Acton Davis said the first responsibility of the inquiry would be to attempt to establish whether 20 Iraqi men were killed during the battle in May 2004 and their corpses taken Camp Abu Naji – as the Ministry of Defence insists was the case – or whether they were captured alive and then unlawfully killed during 14 and 15 May 2004. |
| In addition, the inquiry will examine allegations that five men taken prisoner following the same battle were mistreated at a second British base at Shaibah, near Basra, four months later. | In addition, the inquiry will examine allegations that five men taken prisoner following the same battle were mistreated at a second British base at Shaibah, near Basra, four months later. |
| The inquiry was established after a number of former prisoners and relatives of the dead men brought proceedings in the high court in London, demanding an independent inquiry in line with the requirements of the European convention on human rights. | The inquiry was established after a number of former prisoners and relatives of the dead men brought proceedings in the high court in London, demanding an independent inquiry in line with the requirements of the European convention on human rights. |
| It was ordered in November 2009 by then defence secretary, Bob Ainsworth, after high court judges accused the MoD of "lamentable" behaviour and "serious breaches" of its duty of candour during the court proceedings. | It was ordered in November 2009 by then defence secretary, Bob Ainsworth, after high court judges accused the MoD of "lamentable" behaviour and "serious breaches" of its duty of candour during the court proceedings. |
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