The al-Sweady inquiry finds that British troops mistreated nine Iraqi detainees while in custody, but dismisses claims of murder and torture as “deliberate lies”.
The long-running al-Sweady inquiry, which has cost the taxpayer almost £31m, concluded in its final report that the conduct of some soldiers towards detainees breached the Geneva Convention.
But it was highly critical of the claims it was initially set up to investigate – that Iraqi detainees had been murdered, mutilated and tortured following the 2004 Battle of Danny Boy, near Al Amarah in southern Iraq.
It found that British forces responded to an ambush by insurgents with “exemplary courage, resolution and professionalism” and said the nine Iraqis who were mistreated were “very likely” to have been involved in the ambush and resulting battle.
It said some of the detainees – all described as members or supporters of the Mahdi Army insurgent group – deliberately lied about the most serious allegations to discredit the British armed forces.
Inquiry chairman Sir Thayne Forbes said: “I have come to the firm conclusion that the vast majority of the allegations made against the British military… including, without exception, all the most serious allegations, were wholly and entirely without merit or justification.
“Very many of those baseless allegations were the product of deliberate and calculated lies on the part of those who made them.”
But Sir Thayne recommended changes to the way the British Army army treats detainees and said that some behaviour amounted to “actual or possible ill-treatment”, including the lack of adequate food and sleep and the use of interrogation methods that were contrary to the Geneva Convention.
Defence Secretary Michael Fallon told MPs the detainees and their lawyers should “now bear the brunt of the criticism” for the length and cost of the “unnecessary” inquiry.
He added: “The falsity of the overwhelming majority of their allegations, the extraordinarily late disclosure of a document showing the nine detainees to have been insurgents and the delay by their lawyers in withdrawing the allegations of torture and murder have prompted the Solicitors’ Regulation Authority to investigate possible breaches of professional standards.
“The authority is expected to complete its investigation into the two firms responsible – Public Interest Lawyers and Leigh Day & Co – by early next year.”
#alsweady inquiry finds vast majority of allegations against British military by Iraqi detainees were deliberate lies
— simon israel (@simonisrael) December 17, 2014
#alsweady inquiry chair accuses some detainees + Iraqi witnesses of being ‘unprincipled in the extreme’ and ‘without regard for the truth’
— simon israel (@simonisrael) December 17, 2014
The inquiry was named after Hamid al-Sweady, a 19-year-old student whose father Mizal Karim al-Sweady claimed he was unawfully killed after being detained by British troops.
Lawyers for the Iraqis originally claimed that some of them had been unlawfully killed, but after 300 witnesses had given evidence during a year of public hearings in London, they admitted there was “insufficient evidence” to substantiate these allegations.
But they stood by claims that detainees had been mistreated at Camp Abu Naji, near Majar-al-Kabir in southern Iraq, and later at Shaibah Logistics Base.
The al-Sweady inquiry was ordered by former defence secretary Bob Ainsworth in 2009 and has cost the taxpayer £31.
According to the inquiry's website, investigation and expert services costs have run up to £7,332,477.
Running costs, including IT and accommodation, are £6,475,324, counsel and legal services £5,612,484, witness costs £2,990,251 and general staffing £2,187,836.
During the inquiry, lawyers for the British soldiers and the Ministry of Defence (MoD) said the allegations were part of a “conspiracy” by a number of Iraqis to pervert the course of justice and force compensation payments.
The MoD has conceded that there were “some instances” where the conduct of troops fell below expected standards, such as a detainee being shouted at and plasticuffs being applied incorrectly.
In 2011, a separate inquiry found that Iraqi detainee Baha Mousa died with 93 injuries in British army custody in Basra in 2003.
Its chairman, Sir William Gage, blamed “corporate failure” at the MoD for the use of banned interrogation methods.
Corporal Donald Payne admitted inhumane treatment of a prisoner and was jailed for a year and dismissed from the army.