The Al-Sweady Inquiry

Consideration should be given to the establishment of a policy by the Ministry of Defence to ensure that all documents or other material, including electronic material, are retrieved from theatre and elsewhere at the conclusion of an operation, catalogued and stored in secure accommodation for a period of at least 30 years and all searches of that material recorded, so that the Department is able to say what material is available and its location, and if the need arises, to confirm in litigation or to a Public Inquiry that it has complied with its obligation to disclose relevant material.

In March 2015, the Ministry of Defence reported that the Secretary of State was satisfied that current records management policy adequately addressed the concerns behind the recommendation (Ministry of Defence, Mar 2015). The department explained that operational records are catalogued and archived in the UK at regular intervals, and applications will be made to retain files past 20 years when a 15-year review indicates it is necessary (Ministry of Defence, Mar 2015). Michael Fallon, Secretary of State for Defence, had previously stated to the House of Commons in December 2014 that he accepted the inquiry's recommendations in principle while urgent work was conducted on their practical implications (Michael Fallon response, Dec 2014).

Digital video and audio recordings should be made of both interrogation and tactical questioning sessions. Such recordings should be retrieved from theatre, catalogued and stored in the same way and for the same period of time as the other documents/records to which reference is made in Recommendation 1.

In March 2015, the Ministry of Defence reported that interrogation sessions had been recorded with audiovisual equipment as standard policy since 2010, but extending recording to tactical questioning presented practical difficulties (Ministry of Defence, Mar 2015). The department stated in March 2015 that officials were investigating technical options for tactical questioning, with plans to update its policy if a viable solution was found or notify the House if that proved impossible (Ministry of Defence, Mar 2015).

All training material should be dated, appropriately retained and archived in such a way that it can easily be established when the training material was composed, when it came into force and the period during which it remained in force.

The Ministry of Defence reported in March 2015 that it had implemented the recommendation in full, stating that it had introduced measures for the dating and retention of training material (Ministry of Defence, Mar 2015). Earlier, in December 2014, Michael Fallon, Secretary of State for Defence, informed the House of Commons that the department accepted the recommendation in principle and had commissioned urgent work on its practical implications (Michael Fallon response, Dec 2014).

A Shooting Incident Policy should be drafted which is achievable in practice in Theatre, which is compliant with Article 2 of the ECHR and which enables the ascertainment of the relevant facts leading up to, during and consequent upon the Shooting Incident by an independent body such as the Royal Military Police within a time limited but reasonable period after the Shooting Incident.

In March 2015, the Ministry of Defence reported that it was "investigating the feasibility of an overarching Shooting Incident Policy" compliant with Article 2 of the European Convention on Human Rights (Ministry of Defence, Mar 2015). The department stated in March 2015 that shooting incident policies are theatre-specific and evolve over time, adding that any changes must be practically achievable and avoid unreasonable constraints to operational effectiveness (Ministry of Defence, Mar 2015).

Appropriate procedures should be introduced to ensure that there is an accurate and detailed contemporaneous record of the circumstances relating to the original capture/detention of a prisoner and his general physical condition (including an appropriate photographic record) on arrival at the Prisoner Handling Area together with an explanation from the soldier responsible for the detention of the individual of any obvious physical injuries suffered by the detainee in question.

The Ministry of Defence reported in March 2015 that it had implemented the recommendation in full, stating that it had introduced procedures to ensure adequate recording of detainee captures and their physical condition (Ministry of Defence, Mar 2015). Previously, Secretary of State for Defence Michael Fallon accepted the recommendation in principle in a December 2014 statement to the House of Commons while commissioning urgent work on its practical implications (Michael Fallon response, Dec 2014).

All detainees should be clearly informed of their rights and obligations as soon as is practicable upon arrival at any detention facility. As a minimum this should include informing the detainee as to the reason(s) for his detention and explaining, in clear and basic terms, that his human rights will be protected and respected.

In March 2015, the Ministry of Defence reported that this recommendation was in progress, noting that existing doctrine already required captured persons to receive written information and a verbal briefing on the regulations governing their treatment (Ministry of Defence, Mar 2015). The department stated in March 2015 that the next edition of Joint Doctrine Publication 1-10 would provide greater detail on the specific information that should be provided (Ministry of Defence, Mar 2015).

Appropriate measures should be taken to ensure that minimum safeguards are in place where a detainee is to be strip-searched. These include informing a detainee as to the necessity for the strip-search and requesting his/her co-operation. Those conducting a strip-search should always bear in mind the need to respect the detainee's dignity, particularly having regard to any cultural sensitivities. Searches should be conducted by, and in front of the minimum number of persons necessary and screens or other measures should be taken to shield a detainee from as many of those attending as possible. Those persons should be of the same gender as the detainee unless none are available.

The Ministry of Defence reported in March 2015 that it had implemented the recommendation in full by introducing safeguards during the strip-searching of detainees (Ministry of Defence, Mar 2015). That update followed a statement to the House of Commons in December 2014 by Michael Fallon, the Secretary of State for Defence, who said the recommendation was accepted in principle subject to urgent work on practical implications (Michael Fallon response, Dec 2014).

There should be an appropriate review of all current, relevant policy and procedures to ensure that a sufficient number of suitably trained interpreters are readily available and on hand during all aspects of prisoner detainee handling, including all forms of interrogation and questioning, during the issuing and provision of medication, the need to ensure that basic requests for water/food/lavatory breaks are properly understood in Prisoner Holding Areas and to give safety briefings and to help deal with any problems prior to and/or during flight transfers.

In a March 2015 progress report, the Ministry of Defence stated that it had set work in hand to establish contracts for interpreter provision on future operations to support the tasks set out in the recommendation (Ministry of Defence, Mar 2015). Secretary of State for Defence Michael Fallon had accepted the recommendation in principle in December 2014, noting that he had commissioned urgent work on its practical implications (Michael Fallon response, Dec 2014).

Appropriate forms should be made available to allow a medical examiner to declare a detainee unfit for detention and questioning. The decision as to whether a detainee has been declared unfit for detention and questioning should be readily apparent and the reasons for that decision should be recorded. Any conclusion to the contrary effect should be expressed in ethically acceptable terms.

The Ministry of Defence stated in March 2015 that it had implemented the recommendation in full (Ministry of Defence, Mar 2015). In an implementation report on inquiry recommendations deposited in the House of Commons Library, the department confirmed that it had established provision for the recording of medical decisions on the suitability of detainees for detention and questioning (Ministry of Defence, Mar 2015).