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

6. Seizure and confiscation of personal belongings of persons deprived of their liberty

50. The ICRC collected numerous allegations of seizure and confiscation of private property (money, cars and other valuables) by the CF in the context of arrests. In only, a few cases were receipts issued to the arrested person or his family, detailing the items confiscated. This was perceived by persons deprived of their liberty as outright theft or pillage. The following examples will serve to illustrate the allegations:

X alleged that the CF took US$22,000 in cash and his personal luggage during his arrest;

X claimed that large amounts of money and personal effects were confiscated by the CF when he was arrested at his home on 27-28 May 2003. The items confiscated allegedly included 71,450,000 Iraqi dinars, 14,000 US dollars, two wedding rings, a video camera, a watch, real-estate property documents, his wife’s residential documents, his father’s will, his private diaries, as well as most of the family private documents and personal identity and other papers;

X claimed that his car was confiscated when he was arrested by the CF in Basrah on 16 July 2003.

X claimed that CF confiscated 2 million Iraqi dinars when arrested at his home on 21 August 2003;

X claimed that his money and two cars were confiscated when he was arrested by the CF on 11 August 2003;

51. In Camp Cropper, Camp Bucca and Abu Ghraib, a system was gradually put in place whereby personal belongings in the possession of persons deprived of their liberty at the time of their arrival in these facilities which they could not keep with them (money, other valuables. spare clothing, identity papers) were registered and kept until their release. In those cases, a receipt was usually issued to the person deprived of his liberty and his belongings were returned when he was released. However, this system took no account at the property seized during arrest.

52. In response to property loss or damage caused to property by the CF during raids and also to complaints regarding pension or salaries, the CF established a compensation system open to everyone, including internees and the general public. Complaints could be filed at General Information Centers (GIC), set up under the responsibility of the Humanitarian Assistance Coordination Centers (HACC).

Supporting evidence, which is problematic given that arresting authorities rarely issue receipts, should back claims. The ICRC is not yet able to assess the efficiency of this compensation system although it has had the possibility to visit one of the GICs. There are nine GICs in the city of Baghdad and one in the city of Mosul, there are however none in the other parts of the country therefore depriving a large number of persons of the possibility to file complaints.

63. In accordance with international legal provisions, the ICRC reminds the authorities of the CF that pillage is prohibited by International Humanitarian Law (Art, 33, Fourth Geneva Convention), that private property may not be confiscated (Art. 46.2, 1907 Hague Convention No IV), and that an army of occupation can only take possession of cash, funds, and realizable securities which are strictly the property of the State (Art 53, 1907 Hague Convention No IV).

In addition, persons deprived of their liberty shall be permitted to retain articles of personal use. Valuables may not be taken from them except in accordance with an established procedure and receipts must be issued (Art. 18. 68.2, Third Geneva Convention and Art 97, Fourth Geneva Convention).