Public Inquiry
Baha Mousa Inquiry
Status: Completed
Chair: Sir William Gage
Established: Jul 2008
Report: Sep 2011
Commissioned by: Ministry of Defence
Inquiry into the death of Iraqi hotel receptionist Baha Mousa while in British Army custody in 2003. Found he was subjected to violent abuse by British servicemen, and identified institutional failings in detainee handling practices.
Response breakdown
Evidence & impact
The Baha Mousa Inquiry, chaired by Sir William Gage, examined the circumstances surrounding the death of Baha Mousa, an Iraqi civilian who died in British military custody in Basra in September 2003. The inquiry's report, published in September 2011, made 73 recommendations aimed at reforming the treatment of captured persons by British forces.
The Ministry of Defence's response, published one year after the report, indicated that the Defence Secretary accepted 72 of the 73 recommendations. The single recommendation not accepted (BAHA-23) concerned the complete prohibition of the 'harsh approach' in tactical questioning. The MoD stated it would retain this approach subject to strict parameters and safeguards, including a requirement for Ministerial approval.
According to the government's response texts, substantial changes to military doctrine were reported. These included updates to Joint Doctrine Publication 1-10 to prohibit hooding and other techniques, new definitions of stress positions, and requirements for standard orders on each operation. The MoD reported establishing new roles for detention oversight, developing standardised procedures and checklists, and incorporating enhanced training throughout military exercises.
The available evidence shows 65 recommendations marked as completed and 7 as stalled as of September 2012. However, seven recommendations were redacted from public documentation, making their implementation status uncertain. The MoD's response provided specific details about doctrinal changes, new procedures, and training requirements, though independent verification of these changes in practice is not included in the available documentation.
The inquiry's recommendations addressed fundamental aspects of detention operations, from the prohibition of specific techniques to the establishment of oversight mechanisms and documentation requirements. While the government response indicated acceptance and reported completion of most recommendations within a year, the redaction of several recommendations and the absence of subsequent implementation reviews limits public understanding of the full scope of reforms undertaken.
The Ministry of Defence's response, published one year after the report, indicated that the Defence Secretary accepted 72 of the 73 recommendations. The single recommendation not accepted (BAHA-23) concerned the complete prohibition of the 'harsh approach' in tactical questioning. The MoD stated it would retain this approach subject to strict parameters and safeguards, including a requirement for Ministerial approval.
According to the government's response texts, substantial changes to military doctrine were reported. These included updates to Joint Doctrine Publication 1-10 to prohibit hooding and other techniques, new definitions of stress positions, and requirements for standard orders on each operation. The MoD reported establishing new roles for detention oversight, developing standardised procedures and checklists, and incorporating enhanced training throughout military exercises.
The available evidence shows 65 recommendations marked as completed and 7 as stalled as of September 2012. However, seven recommendations were redacted from public documentation, making their implementation status uncertain. The MoD's response provided specific details about doctrinal changes, new procedures, and training requirements, though independent verification of these changes in practice is not included in the available documentation.
The inquiry's recommendations addressed fundamental aspects of detention operations, from the prohibition of specific techniques to the establishment of oversight mechanisms and documentation requirements. While the government response indicated acceptance and reported completion of most recommendations within a year, the redaction of several recommendations and the absence of subsequent implementation reviews limits public understanding of the full scope of reforms undertaken.
Reports & milestones
Reports
08 Sep 2011
73 tracked recs
The Report of the Baha Mousa Inquiry - Volume III
· Tracked recommendations
· PDF
Timeline
14 May 2008
Inquiry Announced
01 Jul 2008
Inquiry Establish…
08 Sep 2011
Final Report Publ…
Recommendations
| Code | Recommendation | Addressed to | Response | |
|---|---|---|---|---|
| BAHA-1 |
The MoD should retain its current absolute prohibition on the use of hoods on Captured Personnel (CPErS).
|
Ministry of Defence | Accepted | View → |
| BAHA-2 |
Joint Doctrine Publication (JDP) 1-10 should include the requirement for standard orders to be issued for each operation prohibiting the use of …
|
Ministry of Defence | Accepted | View → |
| BAHA-3 |
The definition of stress positions in JDP 1-10 and elsewhere should be broadened so that it is not dependent upon the intention …
|
Ministry of Defence | Accepted | View → |
| BAHA-4 |
The essence of guidance on hooding should be that it is prohibited at any time for whatever purpose to place a sandbag …
|
Ministry of Defence | Accepted | View → |
| BAHA-5 |
The definition of the prohibition on subjecting CPErS to noise should be broadened. It should prohibit subjecting CPErS to any unnecessary excessive …
|
Ministry of Defence | Accepted | View → |
| BAHA-6 |
[REDACTED - This recommendation has been redacted from the public version of the report]
|
Ministry of Defence | Accepted | View → |
| BAHA-7 |
The MoD should give careful consideration as to whether referring to the five techniques as being prohibited 'as an aid to interrogation' …
|
Ministry of Defence | Accepted | View → |
| BAHA-8 |
The prohibition on the five techniques should not appear only within the Tactical Questioning and interrogation section of JDP 1-10 since it …
|
Ministry of Defence | Accepted | View → |
| BAHA-9 |
The prohibition on the five techniques should appear in the Joint Tactics, Techniques and Procedures guidance as well as in the main …
|
Ministry of Defence | Accepted | View → |
| BAHA-10 |
Five principles on permitted sight deprivation should be consistently emphasised in JDP 1-10 and subordinate doctrine and instructions: (1) where practicable the …
|
Ministry of Defence | Accepted | View → |
| BAHA-11 |
JDP 1-10 should make clear that it is prohibited deliberately to keep prisoners awake, even for short periods, merely because they may …
|
Ministry of Defence | Accepted | View → |
| BAHA-12 |
JDP 1-10 should give some guidance in relation to the number of daily meals for CPErS and the timing of them. Such …
|
Ministry of Defence | Accepted | View → |
| BAHA-13 |
[REDACTED - This recommendation has been redacted from the public version of the report]
|
Ministry of Defence | Accepted | View → |
| BAHA-14 |
JDP 1-10 should include guidance that where practicable CPErS should be told the reason why sight deprivation is being applied. Suitable simple …
|
Ministry of Defence | Accepted | View → |
| BAHA-15 |
JDP 1-10 should include a simple checklist covering both the principles and practicalities of accommodation for unit holding areas.
|
Ministry of Defence | Accepted | View → |
| BAHA-16 |
JDP 1-10 should include a simple checklist for actions on a death in custody. Where there is a death in custody, particularly …
|
Ministry of Defence | Accepted | View → |
| BAHA-17 |
JDP 1-10 should incorporate the requirement that on entry to and exit from a theatre level detention facility, CPErS are proactively asked …
|
Ministry of Defence | Accepted | View → |
| BAHA-18 |
JDP 1-10 should address the protection that will be afforded to service personnel who make complaints or allegations in good faith of …
|
Ministry of Defence | Accepted | View → |
| BAHA-19 |
[REDACTED - This recommendation has been redacted from the public version of the report]
|
Ministry of Defence | Accepted | View → |
| BAHA-20 |
The MoD should ensure that Development Concepts and Doctrine Centre (DCDC) reviews whether its protocols for layout and pagination of joint doctrine …
|
Ministry of Defence | Accepted | View → |
| BAHA-21 |
Permanent Joint Headquarters (PJHQ) should complete work on a generic theatre-level Standard Operating Instruction (SOI) for CPErS handling. This should stand as …
|
Ministry of Defence | Accepted | View → |
| BAHA-22 |
Urgent consideration must be given to amending the tactical questioning policy to make clear what approaches are and are not authorised for …
|
Ministry of Defence | Accepted | View → |
| BAHA-23 |
The harsh approach should no longer have a place in tactical questioning. The MoD should forbid tactical questioners from using what is …
|
Ministry of Defence | Not Accepted | View → |
| BAHA-24 |
To the extent that the MoD considers that the harsh approach can still lawfully be used in interrogation: (1) there is a …
|
Ministry of Defence | Accepted | View → |
| BAHA-25 |
[REDACTED - This recommendation has been redacted from the public version of the report]
|
Ministry of Defence | Accepted | View → |
| BAHA-26 |
The tactical questioning and interrogation policies should give more detailed guidance on the extent to which tactical questioners and interrogators may seek …
|
Ministry of Defence | Accepted | View → |
| BAHA-27 |
The interrogation policy should require, as part of the auditing process, a review of a selection of video recordings of interrogations of …
|
Ministry of Defence | Accepted | View → |
| BAHA-28 |
The tactical questioning policy should be amended to include a clear and simple auditing procedure.
|
Ministry of Defence | Accepted | View → |
| BAHA-29 |
Armed Forces medical personnel can and should be involved in providing advice that a CPErS is not fit for detention or questioning. …
|
Ministry of Defence | Accepted | View → |
| BAHA-30 |
The medical policy for CPErS should include: (1) CPErS must undergo a medical examination within four hours of capture, unless there are …
|
Ministry of Defence | Accepted | View → |
| BAHA-31 |
The definitions of the prohibited techniques contained in SOI J3-9 should be updated to reflect the recommendations made in respect of JDP …
|
Ministry of Defence | Accepted | View → |
| BAHA-32 |
SOI J3-9 should reflect the greater emphasis that is given in the latest draft of JDP 1-10 to avoiding in the first …
|
Ministry of Defence | Accepted | View → |
| BAHA-33 |
Where practicable CPErS who are subjected to sight deprivation or hearing deprivation should be told the reason for it. If being deprived …
|
Ministry of Defence | Accepted | View → |
| BAHA-34 |
Theatre level detention instructions and guidance should be reviewed to ensure that references to the means of permissible sight deprivation are consistent. …
|
Ministry of Defence | Accepted | View → |
| BAHA-35 |
Theatre level detention instructions and guidance should be reviewed to ensure that references to timescales for detention are clear and consistent. Timescales …
|
Ministry of Defence | Accepted | View → |
| BAHA-36 |
CPErS documents should be as few in number as possible but they require amendment to ensure that those involved in detention are …
|
Ministry of Defence | Accepted | View → |
| BAHA-37 |
A suitable occurrence book must be maintained at all times whenever CPErS are being held at a unit or sub-unit holding facility.
|
Ministry of Defence | Accepted | View → |
| BAHA-38 |
The MoD should continue its recent practice of ensuring that theatre level instructions and procedures for CPErS are contained within a single …
|
Ministry of Defence | Accepted | View → |
| BAHA-39 |
The Provost Marshal (Army) should formally review whether the current practice of using blacked out goggles for all movement of CPErS within …
|
Ministry of Defence | Accepted | View → |
| BAHA-40 |
Each Battlegroup should have a 'Detention Officer' being a commissioned officer within Battlegroup Headquarters. The role should encompass coordination and management of …
|
Ministry of Defence | Accepted | View → |
| BAHA-41 |
On operations where CPErS may be taken there should be a Senior Non-Commissioned Officer (NCO) who acts as the 'Detention Sergeant' who …
|
Ministry of Defence | Accepted | View → |
| BAHA-42 |
Before any deployed operation, the Commanding Officer must ensure that there is a clear written explanation of unit level responsibilities for CPErS. …
|
Ministry of Defence | Accepted | View → |
| BAHA-43 |
The PM(A) and those who in his name carry out inspections of the main operational detention facilities should be expressly recognised as …
|
Ministry of Defence | Accepted | View → |
| BAHA-44 |
[REDACTED - This recommendation has been redacted from the public version of the report]
|
Ministry of Defence | Accepted | View → |
| BAHA-45 |
The PM(A) and the in theatre Force Provost Marshal should take account of the in theatre situation in assessing whether any unannounced …
|
Ministry of Defence | Accepted | View → |
| BAHA-46 |
The MoD should consider whether the lessons learned procedures need to be adjusted or supplemented so that the clearer and more urgent …
|
Ministry of Defence | Accepted | View → |
| BAHA-47 |
CPErS training should include both theoretical and practical training in what Forces personnel can and should do when handling CPErS. It is …
|
Ministry of Defence | Accepted | View → |
| BAHA-48 |
CPErS training should be woven into the full range of military exercises and training. Such training should be 'end to end', not …
|
Ministry of Defence | Accepted | View → |
| BAHA-49 |
Training materials across the Services need to be reviewed to ensure that the messages about all aspects of CPErS handling are clear …
|
Ministry of Defence | Accepted | View → |
| BAHA-50 |
The MATT 7 PowerPoint presentation on the five techniques should be amended to ensure that the definitions of the techniques are consistent …
|
Ministry of Defence | Accepted | View → |
| BAHA-51 |
The 2005 prisoner handling DVD should be amended to avoid misleading messages about sight deprivation in the context of interrogation, and the …
|
Ministry of Defence | Accepted | View → |
| BAHA-52 |
Greater clarity and guidance should be given in training in relation to the concept of 'restraint positions'. More must be done to …
|
Ministry of Defence | Accepted | View → |
| BAHA-53 |
MATT 7 and mission specific training for CPErS handling should incorporate suitably pitched training on the risks of positional asphyxia/death by struggle …
|
Ministry of Defence | Accepted | View → |
| BAHA-54 |
There needs to be better recording of the take-up of MATT 7 (and equivalent training) to avoid the need to rely upon …
|
Ministry of Defence | Accepted | View → |
| BAHA-55 |
Those responsible for designing the mandatory operational law and values and standards training must keep the training relevant and up-to-date both in …
|
Ministry of Defence | Accepted | View → |
| BAHA-56 |
Unit commanders should ensure that the annual operational law training is delivered to the highest standards, so as to avoid it becoming …
|
Ministry of Defence | Accepted | View → |
| BAHA-57 |
Training soldiers to maintain or prolong the shock of capture is apt to be misunderstood and should not feature in general training. …
|
Ministry of Defence | Accepted | View → |
| BAHA-58 |
MATT 6 training should include discussion and role play scenarios relevant to moral courage. Training materials should include reference to occasions when …
|
Ministry of Defence | Accepted | View → |
| BAHA-59 |
Enhanced auditing of tactical questioning and interrogation training should be introduced to ensure that the interrogation branch at Chicksands adequately trains students …
|
Ministry of Defence | Accepted | View → |
| BAHA-60 |
The annual legal review of training materials planned by Defence Intelligence and Security Centre (DISC) is a necessary step. It must include …
|
Ministry of Defence | Accepted | View → |
| BAHA-61 |
A more senior and more independent legal review of the kind now being conducted as a one off ad hoc review is …
|
Ministry of Defence | Accepted | View → |
| BAHA-62 |
DISC should take immediate remedial action to ensure that: (1) old versions of interrogation branch teaching materials are retained but archived separately; …
|
Ministry of Defence | Accepted | View → |
| BAHA-63 |
The tactical questioning and interrogation courses must train students adequately in all approaches that they may be required to use operationally. The …
|
Ministry of Defence | Accepted | View → |
| BAHA-64 |
The MoD should give further careful consideration to the examples used in training for bridging between questioning sessions to ensure that they …
|
Ministry of Defence | Accepted | View → |
| BAHA-65 |
'Conditioning' should cease to be used as an approved Chicksands or HUMINT term. The term is dangerously ambiguous since it can be …
|
Ministry of Defence | Accepted | View → |
| BAHA-66 |
DISC should give consideration to avoiding the terminology 'maintain the shock of capture' and 'prolong the shock of capture' even in their …
|
Ministry of Defence | Accepted | View → |
| BAHA-67 |
All theoretical and practical resistance training must include a warning which explains in terms that the training is to show conduct that …
|
Ministry of Defence | Accepted | View → |
| BAHA-68 |
When reviewing the current Survive, Evade, Resist and Extract (SERE) DVD, Defence Survival Training Organisation (DSTO) should take into account the latest …
|
Ministry of Defence | Accepted | View → |
| BAHA-69 |
The MoD must make all units aware that, not only is DSTO the only body trained to provide resistance training, but that …
|
Ministry of Defence | Accepted | View → |
| BAHA-70 |
The Military Correction Training Centre (MCTC) should continue to monitor that breakaway, personal protection and control and restraint techniques taught on the …
|
Ministry of Defence | Accepted | View → |
| BAHA-71 |
[REDACTED - This recommendation has been redacted from the public version of the report]
|
Ministry of Defence | Accepted | View → |
| BAHA-72 |
Unit Detention Sergeants (see recommendation 41) should be properly trained in CPErS handling practices.
|
Ministry of Defence | Accepted | View → |
| BAHA-73 |
[REDACTED - This recommendation has been redacted from the public version of the report]
|
Ministry of Defence | Accepted | View → |
Parliamentary activity
5 questions