Prisoner abuse hearing told of order

A senior British army officer issued an order reminding soldiers they could not assault prisoners only five days after the “Operation Ali Baba” abuse scandal, a court martial heard today.

As British Prime Minister Tony Blair condemned the “shocking and appalling” photographs showing the assaults on Iraqi prisoners, the hearing in Germany was told that the army’s senior legal adviser in Iraq had “heard of problems”.

Lieutenant Colonel Nicholas Mercer said he issued an order, called a Frago, after allegations were made that arrested Iraqis were “not being treated perhaps as they should”.

There were little or no problems with the 3,000 prisoners brought off the battlefield during the Gulf War.

The problems began later, the court martial heard, when Iraqis were arrested for looting and other offences.

Lt Col Mercer said: “Once in occupation the situation changed. Having evacuated the prisoners of war, we were now arresting people and bringing them in to be detained.

“A number of allegations were brought that these people were not being treated perhaps as they should.”

Lt Col Mercer then issued the Frago on May 20, just five days after the alleged abuse and assaults took place at the camp, the panel of seven officers at the court martial was told.

Three soldiers, from the 1st Battalion The Royal Regiment of Fusiliers, are accused of abusing and assaulting Iraqi civilian prisoners at Camp Breadbasket, humanitarian aid camp near Basra.

Lance Corporal Mark Cooley, 25, and Corporal Daniel Kenyon, 33, both from Newcastle upon Tyne, both deny the charges.

Lance Corporal Darren Larkin, 30, from Oldham, Greater Manchester, has admitted one charge of assaulting an unknown male at the camp, but denies another charge of forcing two Iraqi males to undress in front of others.

The court martial is being held at a British Army Court Martial Centre, in Osnabruck in Germany.

Twenty-two photographs were released yesterday and the “shocking and appalling” images were condemned by Mr Blair at Prime Minister’s Questions in the House of Commons today.

He said the photographs must not be allowed to “tarnish the reputation” of British troops serving in Iraq.

He added the difference between democracy and tyranny was that in a democracy when “bad things happen” the perpetrators were held to account.

Earlier at the court martial, Kenyon was described by his solicitor as “a war hero”.

Joseph Giret said: “My client is a corporal who is in any view an outstanding soldier.

“He has a blemish free record. He has been described as a war hero as he was responsible for saving the lives of several of his colleagues.”

Mr Giret told the court that Kenyon was only following the orders given by a superior officer.

He said: “He has not acted out of character. The whole reason he is in the dock stems from those who gave the order to operate the plan Ali Baba.”

The Operation Ali Baba order – a reference to the story Ali Baba and the 40 Thieves – was given by Major Dan Taylor, who was in charge of Camp Breadbasket.

He told soldiers at the camp to catch looters who had been stealing food and “work them hard” – an order which was in breach of the Geneva Convention, the court heard.

Mr Giret said no soldier would ever refuse to carry out an order.

He said: “Any rank and file non-commissioned officer or commissioned soldier, officer class, would think very carefully about his or her position before they refused an order because it is not permitted in the army to refuse to carry out an order.”

Lt Col Mercer, who was commanding legal adviser during the Iraqi conflict, said all soldiers were taught from the outset of their careers to report any abuse they witnessed.

He said: “What we say is you should have moral courage and when you see something that is wrong you should report it and it is taught from the outset.”

The 22 photographs of the abuse of the civilians at the hands of the British soldiers have been shown to the court.

The images include naked Iraqi prisoners simulating sex acts, British soldiers pretending to punch and kick bound men and a prisoner – grimacing with fear - tied to the raised forks of a forklift truck.

Among them are photos of two naked Iraqi men simulating anal sex with their thumbs raised up to the cameras and a close-up photograph of two Iraqi men simulating oral sex.

In one of the photographs Larkin is seen wearing his boxer shorts and flip flops while standing on a bound Iraqi prisoner brandishing a “cam pole”, a large wooden pole used for erected camouflage netting.

The photographs were taken on May 15, 2003, just weeks after Iraqi dictator Saddam Hussein’s regime was toppled by coalition troops.

They came to light after a shop assistant at Max Spielman photo shop in Tamworth, Staffs, was asked to process a film containing some of the images by Fusilier Gary Bartlam who was convicted for taking the photographs at an earlier hearing.

Lt Col Mercer told the court that the Geneva Convention only allowed photographs of prisoners of war to be taken for the purpose of identification.

He said as far as photographing civilian detainees was concerned “you have to apply the basic provision of what is humanity“.

He added: “Clearly when it is not humane and dignified, it is totally out of order.“

Judge Advocate Michael Hunter told the court that it was accepted the photographs taken at Camp Breadbasket did not fall into this category.

He said: “We are all agreed that is not a record taken for the purposes of identification.“

Lt Col Mercer said his orders had made it clear how detainees should be treated.

He said: “It is very clear, you simply detained, handed to the Royal Military Police with humanity and dignity. Once you distil it down it is very straightforward.”

Major Dan Taylor was due to take the stand today but the court martial was adjourned early for legal reasons.

He is expected to give his evidence tomorrow.