Supplementary memorandum from the Ministry
of Defence
Request: A note on the current situation on detainees,
including the numbers detained by US and UK forces, the processes
governing detention by UK forces, the planned detention facility
at Basrah Air Station and the future plans for the Shaibah facility
[Qs 100-106].
UK INTERNMENT IN
IRAQ
UK internees are held in the Divisional Temporary
Detention Facility (DTDF) at Shaibah logistics base. As at 24
January 2007, the UK held 115 internees.
On current plans we intend, later this year,
to remove all remaining useful material from Shaibah Logistics
Base and decommission the DTDF.
We will, however, retain a capability to use
internment as part of our approach to security; retaining our
own dedicated facility at Basra Air Station. The Divisional Internment
Facility (DIF) (currently under construction) will have an initial
capacity to accommodate around 140 internees. The facility will
meet our international human rights obligations, and will be accessible
to the International Committee of the Red Cross for inspection.
As previously outlined, the precise timings
of these moves are subject to a conditions-based assessment. MoD
will update Parliament as soon as we are in a position to do so.
US INTERNMENT IN
IRAQ
At 26 January 2007, we are advised that the
US is holding over 15,000 internees in Iraq.
BACKGROUND
UK forces in Iraq have the power to apprehend
and detain individuals, who can subsequently be interned where
this is necessary for imperative reasons of security. This power
stems from the authorisation contained in letters annexed to United
Nations Security Council Resolution (UNSCR) 1546, as carried forward
by resolutions 1637 and 1723.
UK forces undertake routine arrest and detention
operations alone, and with Iraqi forces, in our area of operations
in southern Iraq. Those arrested by UK forces are detained for
a short period at the brigade processing facility, until a decision
is made either to intern[12],
release, or to hand the individual to the Iraqi judicial system.
A decision to intern can only be made if the individual in question
is judged to pose an imperative threat to the security of either
Coalition forces, or Iraqi security personnel or civilians in
the country.
Obligations
Under section 6 of Coalition Provisional Authority
Memo No 3 (Revised), a security internee is entitled to have a
review of the decision to intern him if he is held for longer
than 72 hours. Further reviews of his internment are to be conducted
on a "regular basis but in any case not longer than six
months from the date of induction into an internment facility".
We take the view that the CPA legislation continues in force as
law in Iraq under the present elected Iraqi government.
There is a further requirement, under Iraqi
law (CPA Memo No 3 (revised)), for an additional review at the
18-month point if an interning power within the Multinational
Forces (MNF) wishes to retain an individual in internment beyond
that.
Procedures
The Divisional Internment Review Committee (DIRC)
In order to comply with of Coalition Provisional
Authority Memo No 3 (revised), the UK's DIRC will review the case
of a new UK internee no later than 48 hours after he is apprehended,
and then every 28 days—a more frequent level of review than
is required by CPA Memo 3.
The DIRC is composed of:
— The General Officer Commanding (Multinational
Division (South East)(MND(SE)) (chair);
— The Chief of Staff of MND(SE)—a
colonel;
— The Policy Advisor to the GOC—a
civilian;
— The "Chief J2"—an
Intelligence Corps lieutenant colonel;
— Commander Legal—an Army Legal
Service lieutenant colonel.
The DIRC will, upon completing its review of
an internee's case, vote on whether the individual still poses
a threat to security. Internment will continue if the DIRC assess
that the individual does remain a threat.
The Combined Review and Release Board (CRRB)
An additional tier of review by a joint Iraqi/UK
Board for UK internees was recently introduced. The "Combined
Review and Release Board" process now reviews UK cases every
three months. The CRRB process is the same as the review process
used by the US but, for UK internees, the CRRB is composed of
UK and Iraqi members. The Board is composed of six Iraqi representatives
from the Iraqi Ministries of Justice, the Interior and Human Rights,
and three UK forces officers.
Following its reviews, the CRRB makes recommendations
to the DIRC for consideration. This mirrors the US process, in
which the CRRB's recommendations are considered by the Commanding
General of MNF-I.
The Joint Detainee Committee (JDC), and the Joint
Detainee Review Committee (JDRC)
In order to comply with obligations under Iraqi
law (CPA Memo No 3 (revised)), if an internee's period of internment
reaches 18 months and the interning power wishes to retain the
individual beyond that point, they must make an application to
the Joint Detainee Committee. The JDC will review the case and
make a decision as to whether to approve continued internment.
If the interning power does not make an application
for a JDC review at the end of an 18-month period of internment,
the internee must be released.
The JDC is composed of representatives of MNF,
the Iraqi Government, and the states exercising custody over the
internee. It is co-chaired by the Iraqi Prime Minister and the
MNF-I Commander.
The JDC voted unanimously to delegate the review
of applications for continued detention to the Joint Detainee
Review Committee (JDRC), and thus the JDRC is responsible for
conducting the review of applications for the continued detention
of security internees detained by Multinational Force (Iraq) for
periods that will exceed 18 months.
The JDRC is composed of:
— One representative from each of the
Iraqi ministries of: Interior, Human Rights, and Defence;
— One representative from the Office
of the Prime Minister;
— Two representatives from the Iraqi
Ministry of Justice;
— For UK internee reviews there are
three British officers from the Multinational Force. One of the
three will be the Senior British Legal Officer (a Colonel), while
the other two will be of at least Lieutenant Colonel rank (or
equivalent).
The recommendations made by the JDRC will be
reviewed by the JDC and then either approved or rejected by its
co-chairs.
An individual will be released if the JDRC assesses
(and the JDC approves) that the individual presents no further
threat to security. If the JDRC assesses that an imperative threat
to security remains, and the JDC accept that recommendation, continued
internment for a period of up to 18 months will follow; the exact
duration depending on the JDRC's recommendation.
If a further period is recommended and internment
continues, the internee's case returns monthly to the DIRC during
that period, for continued review.
1 February 2007
— "Detention" is defined
as the period during which a person is held by MNF following arrest,
until he is either transferred to the Iraqi judicial system, or
released, or a decision is made by MNF to hold him as an internee.
— "Internment" by MNF
refers to the longer-term holding of an individual where it is
judged that this is necessary for imperative reasons of security.
12 We adopt the following definitions, for clarity: Back
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