MEMORANDUM OF UNDERSTANDING
BETWEEN
THE UNITED KINGDOM OF GREAT BRITAIN AND
NORTHERN IRELAND CONTINGENT OF MULTINATIONAL FORCES-IRAQ AND THE
MINISTRIES OF JUSTICE AND INTERIOR OF IRAQ
(together hereinafter referred to as the
Participants)
REGARDING
CRIMINAL SUSPECTS
Whereas the mandate for the Multinational Force-.Iraq
(MNF-I) set out in United Nations Security Council Resolution
1546 (2004) authorises MNF-I to take all necessary measures to
provide security in Iraq,
Whereas in accordance with that mandate, the UK
national contingent, of the MNF-i is authorised to intern persons
for imperative reasons of security ("security internees").
Whereas in accordance with Coalition Provisional
Authority Memorandum Number 3 (Revised), the national contingents
of MNF-I may apprehend persons who are suspected of committing
criminal acts,
Whereas although Iraq is developing its custodial
capacity with the aim of being able to confine all criminal suspects
in its own facilities, it may, in the mean time, request the MNF-I
to confine persons who are suspected of having committed criminal
acts in safe and secure detention facilities, subject to security
and capacity considerations,
Now, therefore, the Participants have decided
to apply the following arrangements:
Section 1
Purpose and Scope
This Memorandum of Understanding (MOU) sets out the
authorities and responsibilities in relation to criminal suspects.
For the purpose of this MOU, "criminal suspects" are:
(a) individuals who are apprehended by the UK
contingent of the MNF-I ("UK MNF1") and who arc suspected
of having committed criminal acts;
(b) security internees who are in the physical
custody of the UK MNF-I and who are also suspected of having committed
criminal acts for which they may be tried in an Iraqi court of
competent jurisdiction; and
(c) individuals who are suspected of having committed
criminal acts who are held at the request of the Iraqi authorities.
Section 2
Authorities and Responsibilities Generally
1. The Interim Iraqi Government (and any successor)
has legal authority over all criminal suspects who have been ordered
to stand trial and who are awaiting trial in the physical custody
of UK MNF-I in accordance with the terms of this Memorandum of
Understanding (MOU).
2. The UK MNF-I has a discretion whether to accept
any particular criminal suspect into its physical custody and
whether to continue to provide custody for a suspect who is in
its custody at the time this MOLT comes into operation or who,
at any time in the future, comes into its custody,
3. The Ministry of Justice of Iraq ("MOJ"),
and where appropriate the Ministry of Interior (MOI), will:
(a) inform UK MNF-I of any support requirements
under Iraqi law or which it believes are appropriate for UK MNF-I
to provide in respect of criminal suspects;
(b) provide a liaison officer to UK MNF-I to
ensure continuous co-ordination on any issues concerning criminal
suspects;
(c) ensure that investigations of criminal suspects
and any criminal proceedings commenced against criminal suspects
progress without undue delay; and
(d) provide the guards, escorts, security and
transportation that UK MNF-I requests within its means and capabilities.
Section 3
Authorities and Responsibilities in relation
to individual criminal suspects
1. In relation to any criminal suspect being held
in the physical custody of the UK MNF-1, the MOJ will:
(a) provide UK MNF-I with a written request for
his delivery up to attend a court appearance or for any other
purpose connected with the criminal process and give as much advance
notice of the proposed date when the presence of the suspect is
required as is practicable;
(b) ensure that all documents requested by UK
MNF-I relating to the suspect, such as a valid warrant by a competent
judicial authority, are provided as soon as practicable;
(c) advise UK MNF-I of any court orders relating
to the suspect and give UK MNF4 prompt notice of any change in
his status; and
(d) ensure that any criminal proceedings commenced
against a criminal suspect progress without undue delay.
2. In relation to any criminal suspect being
held in the physical custody of UK MNF-I, the UK MNF-I:
(a) will provide humane treatment and will not
subject any criminal suspect to torture or to cruel, inhuman or
degrading treatment or punishment;
(b) will provide custodial support for the suspect,
including but not limited to housing, feeding clothing guarding
and health care;
(c) will take appropriate steps to ensure the
conditions of custody meet the standards set out in CPA Memoranda
Nos 2 and 3;
(d) will adhere to the requirements of CPA Orders
with respect to co-operation with, and the reasonable access to
be provided to, the Iraqi Ombudsman for Penal and Detention Matters
and the International Committee of the Red Cross;
(e) will have exclusive discretion regarding
all matters of security and force protection for all criminal
suspects in its custody;
(f) will take appropriate steps to ensure that
criminal suspects who have invoked their right to counsel are
not questioned without their counsel being present;
(g) will take appropriate steps to ensure that
criminal suspects are able to meet with their counsel, with court
investigators arid the investigative judge as needed, subject
to the notice requirements of sub-section 1(a) above.
3. In relation to any criminal suspect apprehended
by the UK MNF-I and handed over to the Iraqi authorities as soon
as reasonably practicable, in accordance with section 5 of Coalition
Provisional Authority Memorandum Number 3 (Revised), the MOJ and
the MOI, as the case may be:
(a) will provide humane treatment and will not
subject any criminal suspect to torture or to cruel, inhuman or
degrading treatment or punishment; and
(b) hold the criminal suspect in accordance with
Iraqi law.
4. In relation to any criminal suspect transferred
to the MOI or the MOJ by UK MNF-I from its detention facilities,
the MOJ and the MOJ, as the case may be, will:
(a) inform UK MNF-I before releasing any individual
and will comply with any request by UK MNF-I that UK MNF-I should
reassume custody if,
(i) the individual is wanted for prosecution
by any state that has contributed forces to the MNF for breaches
of the laws and customs of war, or
(ii) the internment of the individual is
necessary for imperative reasons of security,
in which case UK MNF-I will assume custody of that
individual after consultation between the Participants to reach
an agreed solution;
(b) provide facilities, if requested, for a member
or representative of UK MNF-I to accompany any suspect during
his court appearance, or during any questioning by Iraqi authorities
or during any other time when he is outside the UK MNF-I detention
facility; and
(c) provide an assurance that during any temporary
periods when a suspect is in the hands of the Iraqi authorities
whether at the UK MNF-I's detention facility or elsewhere and
at any time following the transfer of a suspect to Iraqi facilities,
(i) the suspect will be treated humanely
and will not be subject to torture or to cruel, inhuman or degrading
treatment or punishment; and
(ii) the requirements of CPA Orders with
respect to co-operation with and reasonable access to be provided
to the Iraqi Ombudsman for Penal and Detention Matters and the
International Committee of the Red Cross will be adhered to.
5. If UK MNF-I decides that it is no longer prepared
to provide custody facilities for a particular suspect, it shall
give notice of this decision to the MOJ as soon as possible to
enable the MOJ to make other arrangements for the custody of that
suspect if it so wishes. The MOJ will then notify the UK MNF-I
of the arrangements it has made or alternatively will indicate
that the suspect should be released. UK MNF-I will then use its
best endeavours to enable any such alternative arrangements to
be put in place
Section Four
Disputes
Any difference in the interpretation or execution
of this MOU will be resolved exclusively by negotiation between
the Participants.
Section Five
Amendment and Effective Period
1. This MOU may be amended at any time with the
written consent of the Participants.
2. This MOU will come into effect on the signature
of the Participants and will remain in effect until terminated
by any of the Participants giving a month's written notice to
the other Participants.
Signed in duplicate, in the English and Arabic languages,
both texts having equal validity on the
25th day of the month of Ramadan for the Higra Year
1424, corresponding to the 8th day of the month of November for
the Calendar Year 2004.
Edward Chaplin
HM Ambassador Baghdad
For the United Kingdom of Great Britain and Northern
Ireland contingent of Multinational Forces—Iraq
Dr Malik Dohan Al-Hassan
For the Ministry of Justice of Iraq
Falah al-Nakib
For the Ministry of Interior of Iraq
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