Medical Personnel Role
Baha Mousa Inquiry · The Report of the Baha Mousa Inquiry - Volume III · Issued 8 September 2011 · Addressed to: Ministry of Defence
Government responseMinistry of Defence: Accepted in part (Sep 2011)
DeliveryMinistry of Defence says completed (Mar 2014)
Recommendation, verbatim from the inquiry
●Inquiry recommendation
Armed Forces medical personnel can and should be involved in providing advice that a CPERS is not fit for detention or questioning. Alternatively, the medic may validly advise that no specific intervention different from the normal process is required in respect of that CPERS. Medics should not advise that a CPERS is fit for detention or fit for questioning.
Baha Mousa Inquiry, The Report of the Baha Mousa Inquiry - Volume III · 8 Sep 2011 Source PDF →
Published evidence summary
AI-generated evidence summary
The Inquiry recommended military medics advise when detainees are unfit for detention or questioning. In March 2014, Mark Francois, Minister for the Armed Forces, stated that the Ministry of Defence had taken action to consider and address all accepted recommendations in the report (Mr Mark Francois, Mar 2014). In December 2014, Sir Thayne Forbes, Chairman of the Al-Sweady Inquiry, reported that the department advised that policy required decisions on whether a detainee was unfit for questioning to be recorded on their file and on medical form F Med 1026 (Sir Thayne Forbes, Dec 2014). He found that the form lacked a specific place to record this information, did not list unfitness as an examination purpose, and contained no requirement to record reasons for a decision (Sir Thayne Forbes, Dec 2014).
AI-generated summary of the record on this page, checked by a second model and automatic checks, 12 Oct 2026.
About this summary
Report-level response context
Government response
●Ministry of Defence · Accepted in part · 8 Sep 2011
I can inform this House that I am accepting in principle all of his recommendations with one reservation.
Extract from: Statement on the report into the death of Mr Baha Mousa in Iraq in 2003
Delivery
●Ministry of Defence says completed · 27 Mar 2014
I am pleased to announce that the Ministry of Defence has now taken action to consider and address all the accepted recommendations in the report.
From: Baha Mousa Report, Mr Mark Francois, Minister for the Armed Forces
What other bodies have found
●assets.publishing.service.gov.uk · 17 Dec 2014
5.187 Sir William Gage then went on to say this: “I therefore conclude that Armed Forces medical personnel can and should be involved in providing advice that a CPERS is not fit for detention or questioning; alternatively, the medic may validly advise that no specific intervention different from the normal process is required in respect of that CPERS. They should not advise that a CPERS is fit for detention or fit for questioning.” 5.188 For my part, my principal concern was that, as the position existed in May 2004, there was nowhere to record the outcome of any such medical examinations, whether expressed in the terms indicated as acceptable by Sir William Gage or otherwise. For this reason, the Ministry of Defence (“MoD”) were advised in a letter dated 15 October 2014, that: “Consideration should be given to ensuring that appropriate forms are made available to allow a medical examiner to declare a detainee unfit for detention and tactical questioning and stating the reasons for that decision.” 5.189 The MoD advised me that both their current policy on Tactical Questioning and Interrogation stated that a decision as to whether a detainee was unfit for questioning should be recorded on the captured person’s file and on medical form F Med 1026. 5.190 That being so, I note that the F Med 1026 form does not have a specific place for this information to be recorded, nor does it explain, under the list entitled “Purpose of the Examination”, that one of the purposes is to consider whether the detainee is unfit to be detained or questioned. Furthermore, there is currently no requirement for the reasons for such a decision to be recorded.
From: The Report of the Al-Sweady Inquiry, Part 5, Chapter 2: Recommendations, Sir Thayne Forbes
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The recommendation and the government responses are verbatim from primary documents. Delivery statements and other bodies' findings are shown in their own words, each with its source. The summary is written by this site and labelled as such. The Index does not paraphrase sources or characterise intent; it records what has been published.