20 March, 2014

Iraq - Al Sweady Inquiry - update

The Al Sweady Inquiry was the subject of an earlier post - 9th March 2013.  The Inquiry's terms of reference are:

"To investigate and report on the allegations made by the claimants in the Al- Sweady judicial review proceedings against British soldiers of (1) unlawful killing at Camp Abu Naji on 14 and 15 May 2004, and (2) the ill-treatment of five Iraqi nationals detained at Camp Abu Naji and subsequently at the divisional temporary detention facility at Shaibah Logistics Base between 14 May and 23 September 2004, taking account of the investigations which have already taken place, and to make recommendations".

Public Interest Lawyers who act for the Iraqi Core Participants in the Inquiry have today (Thursday 20 March 2014) made a statement that they will not submit that, on the balance of probabilities, live Iraqis captured during the course of the battle on 14 May 2004 died or were killed at Camp Abu Naji. Following the conclusion of the majority of the military evidence and current state of disclosure of MoD material, they contend that there is insufficient material to establish that Iraqi civilians were unlawfully killed whilst in the custody of British troops at Camp Abu Naji. The allegations of mistreatment of Iraqi civilians in British custody remain.

It is for the Chairman to reach all conclusions and he will detail findings of fact in his report. In so doing he will draw on all the evidence he has seen and heard, including the statement made today by the legal representatives for the Iraqi Core Participants.

The Inquiry continues and will hear closing submissions from Core Participants on 16 April 2014.
Thereafter, the Chairman will write his report.

See the Public Interest Lawyers Press Release

Closing Submissions

The Inquiry will hear oral closing submissions from Core Participants on Wednesday 16 April 2014 at 9.30am. Written submissions will be published to the website on the day. In addition, the Chairman had indicated that Core Participants have the liberty, if so advised, to lodge a further written round of closing submissions by 30 April 2014.

To date, the Inquiry has cost £22,234,417

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