Report of the International Committee of the Red Cross (ICRC) on the Treatment by the Coalition Forces of Prisoners of War and Other Protected Persons by the Geneva Conventions in Iraq during Arrest, Internment and Interrogation

2. Treatment During Transfer and Initial Custody

15. The ICRC collected several allegations indicating that following arrest persons deprived of their liberty were ill-treated, sometimes during transfer from their place of arrest to their initial internment facility. This ill-treatment would normally stop by the time the persons reached a regular internment facility, such as Camp Cropper, Camp Bucca or Abu Ghraib. The ICRC also collected one allegation of death resulting from harsh conditions of interment and ill-treatment during initial custody.

16. One allegation collected by the lCRC concerned the arrest of nine men by the CF in a hotel in Basrah on 13 September 2003. Following their arrest, the nine men were made to kneel, face and hands against the ground. as if in a prayer position. The soldiers stamped on the back of the neck of those raising their head. They confiscated their money without issuing a receipt. The suspects were taken to Al-Hakimiya, a former office previously used by the mukhabarat in Basrah and then beaten severely by CF personnel. One of the arrestees died following the ill-treatment (X, aged 28, married, father of two children). Prior to his death, his co-arrestees heard him screaming and asking for assistance.

The issued “International Death Certificate” mentioned “Cardio-respiratory arrest - asphyxia” as the condition directly leading to the death. As to the cause of that condition, it mentioned “Unknown” and “Refer to the coroner”, The certificate did not bear any other mention. An eyewitness’ description of the body given to the ICRC mentioned a broken nose, several broken ribs and skin lesions on the face consistent with beatings. The father of the victim was informed of his death on 18 September, and was invited to identify the body of his son. On 3 October, the commander of the CF in Basrah presented to him his condolences and informed him that an investigation had been launched and that those responsible would be punished. Two other persons deprived of their liberty were hospitalised with severe injures. Similarly, a week later, an ICRC medical doctor examined them in the hospital and observed large haematomas with dried scabs on the abdomen, buttocks, sides, thigh, wrists, note and forehead consistent with their accounts of beatings received.

17. During a visit of the ICRC in Camp Bucca on 22 September 2003, a 61-year old person deprived of his liberty alleged that he had been tied, hooded and forced to sit on the hot surface of what he surmised to be the engine of a vehicle. which had caused severe burns to his buttocks. The victim had lost consciousness. The ICRC observed large crusted lesions consistent with his allegation.

18. The ICIRC examined another person deprived of his liberty in the “High Value Detainees” section in October 2003 who had been subjected to a similar treatment. He had been hooded, handcuffed in the back, and made to lie face down on a hot surface during transportation. This had caused severe skin burns that required three months hospitalization. At the time of the interview he had been recently discharged from hospital. He had to undergo several skin graft, the amputation of his right index finger, and suffered the permanent loss of the use of his left fifth finger secondary to burn- induced skin retraction. He also suffered extensive bums over the abdomen, anterior aspects of the lower extremities, the palm of his right hand and the sole of his left foot. The ICRC recommended to the CF that the case be investigated to determine the cause and circumstances of the injuries and the authority responsible for the ill-treatment. At the time of writing the results of the report ware still pending.

19. During transportation following arrest, persons deprived of their liberty were almost always hooded and tightly restrained with flexi-cuffs. They were occasionally

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haematoma and linear marks compatible with repeated whipping or beating. He had wrist marks compatible with light flexi-cuffs.

The ICRC also collected allegations of deaths as a result of harsh Internment conditions, ill-treatment, lack of medical attention, or the combination thereof, notably in Tikrit holding area formerly known as the Saddam Hussein Islamic School.

22. Some CF military intelligence officers told the ICRC that the widespread ill-treatment of persons deprived at their liberty during arrest, initial internment and “tactical questioning” was due to a lack of military police on the ground to supervise and control the behavior and activities of the baffle groups units, and the lack of experience of intelligence officers in charge of the “tactical questioning”.

21. In accordance with provisions of International Humanitarian Law which oblige the CF to treat prisoners of war and other protected persons humanely and to protect them against acts of violence, threats thereof, intimidation and insults (Art. 13, 14,17, 87, Third Geneva Convention; Articles 5, 27, 31,32, 33 Fourth Geneva Convention), the ICRC asks the authorities of the CF to respect of all times the human dignity, physical integrity and cultural sensitivity of the persons deprived of their liberty held in Iraq under their control.

23. The ICRC also asks the authorities of the CF to ensure that battle group units transferring and/or holding individuals receive adequate training enabling them to operate in a proper manner and meet their responsibilities without resorting to brutality or using excessive force.