Records of the Inquiry into allegations of human rights abuse of Iraqi nationals...

ASI

2009-2014

The records of the Inquiry into allegations of human rights abuse of Iraqi nationals by British troops in the aftermath of the 'battle of Danny Boy' (The Al-Sweady Inquiry), announced by the Government on 25 November 2009.

Snapshots of the Inquiry website are in ASI 1.

Records of proceedings within the Inquiry evidence database are in ASI 2.

Public Record(s)

Arabic and English

2 series

Open unless otherwise stated

Inquiry into allegations of human rights abuse of Iraqi nationals by British troops in the aftermath of the battle of Danny Boy (The Al-Sweady Inquiry)

Topics

Litigation

Democracy

Nationality

Armed Forces (General Administration)

The Inquiry was tasked to investigate allegations made in Judicial Review proceedings that the human rights of a number of Iraqi nationals were abused by British troops in the aftermath of a firefight in 2004, near Majar al Kabir in Southern Iraq. This became known as the battle of Danny Boy, the name of a nearby permanent vehicle checkpoint. The allegations include ones of unlawful killing and of mistreatment.

In a written statement given on Wednesday 25 November 2009, the Secretary of State for Defence, The Rt Hon Bob Ainsworth MP announced that there would be a public inquiry into the allegations. The Inquiry was established under the Inquiries Act 2005 and chaired by the Sir Thayne Forbes, a retired High Court judge. His terms of reference were:

'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'.

There were three principal stages for the Inquiry to complete.

The first was investigative. The Inquiry had to gather together documentation and other materials relevant to its Terms of Reference; it searched for the material in a variety of places, including Iraq, and by asking the Ministry of Defence to provide relevant material. The Inquiry also identified military and Iraqi witnesses and asked them to provide written statements. As part of its investigatory stage, the Inquiry identified over 1000 potential witnesses, many of whom were asked to provide a written statement.

Having completed its investigatory stage, the Inquiry began its oral hearings in March 2013. This is the stage at which some of the witnesses who provided a written statement were asked to attend to give live evidence in the hearing room. Some witnesses who live or work abroad were asked to give their oral evidence via a video link rather than travelling to the United Kingdom. Witnesses were questioned by Counsel to the Inquiry, and sometimes other counsel who represent the Core Participants and/or witnesses. The Chairman listened to their evidence. The Chairman also considered evidence which was received in written or documentary form, even where no witness came to give oral evidence.

Having heard and read all of the evidence gathered, the Chairman wrote a report of his findings and made recommendations for the future.