TF 373 dedicated thread

[Jan Klimkowski]

I wonder if we're going to end up merging the TF 121 thread into this TF 373 thread.

My emphasis in bold.

The holding facility at H1 was not inspected by the Red Cross. Moreover, its existence was not disclosed to Lieutenant Colonel Mercer, the UK's most senior army lawyer in Iraq at the time. Mercer says he was "extremely surprised" to learn of its existence.

He said: "This matter potentially raises very serious questions. Strenuous efforts were made at all times to ensure that all prisoners were accorded the full protection of the Geneva conventions and vigorous objections would have been raised if there was the slightest possibility of a breach of the conventions. It appears from the information disclosed that some prisoner operations were being conducted, deliberately or otherwise, outside of the chain of command."

The holding facility appears effectively to have been a secret prison a so-called black site. It is entirely possible, according to international law experts, that taking prisoners to H1 could amount to "unlawful deportation or transfer or unlawful confinement", and that the prisoners were subjected to "enforced disappearances", both of which are war crimes under the Rome statute of the international criminal court.

One former RAF Regiment trooper who was based at H1 for several months has described being involved in a number of similar missions in which prisoners were collected from coalition special forces. This always happened "under total darkness", he says. On arrival at H1, the prisoners were handed on to people whom he describes as "other authorities".

Could this explain why the police investigation into the alleged killing of Tariq Sabri ended with some of the most basic facts such as his name and the the cause of his death remaining unknown?

According one well-placed source with knowledge of Operation Raker, the RAF police investigation into the death, there were some at the MoD who were concerned about the possible consequences of a more thorough inquiry: people who were filled with dread at the thought that it could lead to accusations that British forces and others had been involved in crimes against humanity.

When the MoD realised that the location to which the prisoners were flown was known to the Guardian, it quickly apologised for previously stating that they had been flown to Umm Qasr. This had been an innocent mistake, one that a spokesman said could be attributed to "admin/human error".

At this point the MoD also released a copy of the US field inquiry report, which had been withheld from the Guardian for more than a year.

The report showed that a British special forces unit known as Task Force 14, and an Australian unit known as Task Force 64 were an integral part of operations at H1. Both units were under US tactical control.

The ministry also volunteered an admission that the investigation into Sabri's death was not conducted quickly enough. But it said that this could not happen today as its procedures had changed, and added that Operation Raker was now the subject of a review by a team of military police and former civilian detectives known as IHAT the Iraq historic allegations team.

Asked whether there was any truth in the suggestion that officials had interfered with the investigation into Sabri's death in order to suppress information about the UK's involvement with H1, the MoD replied that IHAT was "giving consideration to any involvement with the investigation of MoD officials who were external to it", and that it would be "inappropriate to comment" while that review was continuing.

The MoD was also asked whether it was satisfied that UK forces serving at H1 had never been in breach of the Geneva convention, or any other international humanitarian law. It replied by stating only that IHAT would consider the actions of those who came into contact with Sabri.

Nor would the MoD comment on another claim made by the source with knowledge of Operation Raker: that both CIA and MI6 officers were involved in the interrogation of prisoners flown secretly to H1, and that these were the "other authorities" whom RAF Regiment troopers were told would be taking possession of their prisoners. The ministry's only response to questions about non-military interrogators at H1 was a terse: "No further information."

The involvement of the CIA in Task Force 20 is no secret in the US, where it has been disclosed in Pentagon statements and congressional testimony. According to Human Rights Watch, the inter-agency unit was responsible for "some of the most serious allegations of detainee abuse" following the invasion.

Before the end of that year, the unit merged with a similar unit previously based in Afghanistan and changed its name to Task Force 121. By then, however, some at the Pentagon were sufficiently concerned about its methods to send a special investigator to Iraq. Stuart Herrington, a retired military intelligence colonel, discovered that the unit was holding undeclared "ghost" detainees and operating a secret interrogation centre to conceal its activities. Some of its prisoners showed signs of having been beaten.

This was several months before the abuses at Abu Ghraib became known, and Herrington's top-secret report shocked some in Washington. Eventually, somebody leaked it.

Over the years that followed, the unit changed its name again, to Task Force 6-26, and later to Task Force 145, possibly in an attempt to confuse adversaries. Its precise size and the names of its commanders have never been disclosed. But its methods appear to have remained the same. The American Civil Liberties Union obtained a series of US defence documents that showed that the unit's personnel had been investigated repeatedly over their alleged involvement in a catalogue of abuses. In one case, taskforce interrogators were said to have forced a 73-year-old woman to crawl around a room while a man sat on her back, before forcing a broom handle into her anus. Two of her fingers were broken. The woman, a retired teacher, said her interrogators demanded to know the whereabouts of her son and husband, both of whom she said were dead.