Public Inquiry Recommendations

BAHA-1 Accepted

Baha Mousa Inquiry (2011)

Prohibition on Hooding

The MoD should retain its current absolute prohibition on the use of hoods on Captured Personnel (CPErS).

- The Defence Secretary stated on 8 September 2011 that the government accepted this recommendation and that the prohibition on hooding had been maintained and …

BAHA-2 Accepted

Baha Mousa Inquiry (2011)

Standard Orders Prohibiting Five Techniques

Joint Doctrine Publication (JDP) 1-10 should include the requirement for standard orders to be issued for each operation prohibiting the use of the five techniques.

- The Defence Secretary stated on 8 September 2011 that the government accepted this recommendation and that JDP 1-10 had been updated to require standard …

BAHA-3 Accepted

Baha Mousa Inquiry (2011)

Broaden Stress Position Definition

The definition of stress positions in JDP 1-10 and elsewhere should be broadened so that it is not dependent upon the intention of the person enforcing the position.

- The Defence Secretary stated on 8 September 2011 that the government accepted this recommendation and stated that the definition had been broadened so that …

BAHA-4 Accepted

Baha Mousa Inquiry (2011)

Hooding Guidance

The essence of guidance on hooding should be that it is prohibited at any time for whatever purpose to place a sandbag or other cover over a CPErS' head.

- The Defence Secretary stated on 8 September 2011 that the government accepted this recommendation and that guidance had been updated to make clear that …

BAHA-5 Accepted

Baha Mousa Inquiry (2011)

Noise Prohibition Definition

The definition of the prohibition on subjecting CPErS to noise should be broadened. It should prohibit subjecting CPErS to any unnecessary excessive noise.

- The Defence Secretary stated on 8 September 2011 that the government accepted this recommendation and stated that the definition had been broadened to prohibit …

BAHA-6 Accepted

Baha Mousa Inquiry (2011)

Redacted Recommendation

[REDACTED - This recommendation has been redacted from the public version of the report]

- The Defence Secretary stated on 8 September 2011 that the government accepted this recommendation (Government Response to the Baha Mousa Inquiry, Ministry of Defence, …

BAHA-7 Accepted

Baha Mousa Inquiry (2011)

Five Techniques Communication

The MoD should give careful consideration as to whether referring to the five techniques as being prohibited 'as an aid to interrogation' remains the most effective means of communicating the …

- The Defence Secretary stated on 8 September 2011 that the government accepted this recommendation and stated that language had been clarified to ensure the …

BAHA-8 Accepted

Baha Mousa Inquiry (2011)

Five Techniques Placement in Doctrine

The prohibition on the five techniques should not appear only within the Tactical Questioning and interrogation section of JDP 1-10 since it has a wider application and importance.

- The Defence Secretary stated on 8 September 2011 that the government accepted this recommendation and stated that the prohibition now appears in multiple relevant …

BAHA-9 Accepted

Baha Mousa Inquiry (2011)

Five Techniques in JTTP

The prohibition on the five techniques should appear in the Joint Tactics, Techniques and Procedures guidance as well as in the main body of JDP 1-10.

- The Defence Secretary stated on 8 September 2011 that the government accepted this recommendation and stated that the prohibition on the five techniques had …

BAHA-10 Accepted

Baha Mousa Inquiry (2011)

Sight Deprivation Principles

Five principles on permitted sight deprivation should be consistently emphasised in JDP 1-10 and subordinate doctrine and instructions: (1) where practicable the need to deprive CPErS of their sight should …

- The Defence Secretary stated on 8 September 2011 that the government accepted this recommendation and stated that all five principles on permitted sight deprivation …

BAHA-11 Accepted

Baha Mousa Inquiry (2011)

Sleep Deprivation Prohibition

JDP 1-10 should make clear that it is prohibited deliberately to keep prisoners awake, even for short periods, merely because they may shortly face tactical questioning or interrogation. CPErS may …

- The Defence Secretary stated on 8 September 2011 that the government accepted this recommendation and stated that JDP 1-10 had been updated to prohibit …

BAHA-12 Accepted

Baha Mousa Inquiry (2011)

CPErS Meals Guidance

JDP 1-10 should give some guidance in relation to the number of daily meals for CPErS and the timing of them. Such guidance will obviously need to take into account …

- The Defence Secretary stated on 8 September 2011 that the government accepted this recommendation and stated that guidance on meal provision for captured persons …

BAHA-13 Accepted

Baha Mousa Inquiry (2011)

Redacted Recommendation

[REDACTED - This recommendation has been redacted from the public version of the report]

- The Defence Secretary stated on 8 September 2011 that the government accepted this recommendation (Government Response to the Baha Mousa Inquiry, Ministry of Defence, …

BAHA-14 Accepted

Baha Mousa Inquiry (2011)

Communicating Sight Deprivation Reasons

JDP 1-10 should include guidance that where practicable CPErS should be told the reason why sight deprivation is being applied. Suitable simple phrases in relation to sight deprivation should be …

- The Defence Secretary stated on 8 September 2011 that the government accepted this recommendation and stated that guidance on communicating with captured persons about …

BAHA-15 Accepted

Baha Mousa Inquiry (2011)

Unit Holding Area Checklist

JDP 1-10 should include a simple checklist covering both the principles and practicalities of accommodation for unit holding areas.

- The Defence Secretary stated on 8 September 2011 that the government accepted this recommendation and stated that a checklist for unit holding area accommodation …

BAHA-16 Accepted

Baha Mousa Inquiry (2011)

Death in Custody Checklist

JDP 1-10 should include a simple checklist for actions on a death in custody. Where there is a death in custody, particularly one that is sudden or unexplained, prompt checks …

- The Defence Secretary stated on 8 September 2011 that the government accepted this recommendation and stated that a death in custody checklist had been …

BAHA-17 Accepted

Baha Mousa Inquiry (2011)

CPErS Complaints Procedure

JDP 1-10 should incorporate the requirement that on entry to and exit from a theatre level detention facility, CPErS are proactively asked whether or not they have any complaints concerning …

- The Defence Secretary stated on 8 September 2011 that the government accepted this recommendation and stated that procedures for proactively seeking captured persons' complaints …

BAHA-18 Accepted

Baha Mousa Inquiry (2011)

Whistleblower Protection

JDP 1-10 should address the protection that will be afforded to service personnel who make complaints or allegations in good faith of the mistreatment of CPErS. It should give guidance …

- The Defence Secretary stated on 8 September 2011 that the government accepted this recommendation and stated that guidance on protection for those reporting mistreatment …

BAHA-19 Accepted

Baha Mousa Inquiry (2011)

Redacted Recommendation

[REDACTED - This recommendation has been redacted from the public version of the report]

- The Defence Secretary stated on 8 September 2011 that the government accepted this recommendation (Government Response to the Baha Mousa Inquiry, Ministry of Defence, …

BAHA-20 Accepted

Baha Mousa Inquiry (2011)

Doctrine Usability Review

The MoD should ensure that Development Concepts and Doctrine Centre (DCDC) reviews whether its protocols for layout and pagination of joint doctrine really serve the end user.

- The Defence Secretary stated on 8 September 2011 that the government accepted this recommendation and stated that the Development Concepts and Doctrine Centre (DCDC) …

BAHA-21 Accepted

Baha Mousa Inquiry (2011)

Generic CPErS Handling SOI

Permanent Joint Headquarters (PJHQ) should complete work on a generic theatre-level Standard Operating Instruction (SOI) for CPErS handling. This should stand as the starting template for CPErS handling on future …

- The Defence Secretary stated on 8 September 2011 that the government accepted this recommendation and stated that a generic theatre-level Standard Operating Instruction for …

BAHA-22 Accepted Urgent

Baha Mousa Inquiry (2011)

Tactical Questioning Policy Clarity

Urgent consideration must be given to amending the tactical questioning policy to make clear what approaches are and are not authorised for use in tactical questioning. In future all tactical …

- The Defence Secretary stated on 8 September 2011 that the government accepted this recommendation and stated that the tactical questioning policy had been amended …

BAHA-23 Not Accepted Urgent

Baha Mousa Inquiry (2011)

Ban Harsh Approach in Tactical Questioning

The harsh approach should no longer have a place in tactical questioning. The MoD should forbid tactical questioners from using what is currently known as the harsh approach and this …

- The Defence Secretary stated on 8 September 2011 that the government did not accept this recommendation. The Defence Secretary decided to retain the ability …

BAHA-24 Accepted

Baha Mousa Inquiry (2011)

Harsh Approach Parameters

To the extent that the MoD considers that the harsh approach can still lawfully be used in interrogation: (1) there is a need for very clear guidance to be given …

- The Defence Secretary stated on 8 September 2011 that the government accepted this recommendation and stated that guidance on the harsh approach had been …

BAHA-25 Accepted

Baha Mousa Inquiry (2011)

Redacted Recommendation

[REDACTED - This recommendation has been redacted from the public version of the report]

- The Defence Secretary stated on 8 September 2011 that the government accepted this recommendation (Government Response to the Baha Mousa Inquiry, Ministry of Defence, …

BAHA-26 Accepted

Baha Mousa Inquiry (2011)

Guidance on Exploiting Pressures

The tactical questioning and interrogation policies should give more detailed guidance on the extent to which tactical questioners and interrogators may seek to exploit self and system induced pressures.

- The Defence Secretary stated on 8 September 2011 that the government accepted this recommendation and stated that more detailed guidance on self and system …

BAHA-27 Accepted

Baha Mousa Inquiry (2011)

Interrogation Video Audit

The interrogation policy should require, as part of the auditing process, a review of a selection of video recordings of interrogations of the inspector's choosing. Interrogators should know that the …

- The Defence Secretary stated on 8 September 2011 that the government accepted this recommendation and stated that video recording review had been incorporated into …

BAHA-28 Accepted

Baha Mousa Inquiry (2011)

Tactical Questioning Audit Procedure

The tactical questioning policy should be amended to include a clear and simple auditing procedure.

- The Defence Secretary stated on 8 September 2011 that the government accepted this recommendation and stated that a clear auditing procedure for tactical questioning …

BAHA-29 Accepted

Baha Mousa Inquiry (2011)

Medical Personnel Role

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 …

- The Defence Secretary stated on 8 September 2011 that the government accepted this recommendation and stated that the role of medical personnel had been …

BAHA-30 Accepted

Baha Mousa Inquiry (2011)

CPErS Medical Examination Policy

The medical policy for CPErS should include: (1) CPErS must undergo a medical examination within four hours of capture, unless there are compelling circumstances; (2) CPErS should be examined by …

- The Defence Secretary stated on 8 September 2011 that the government accepted this recommendation and stated that medical examination requirements had been updated in …

BAHA-31 Accepted

Baha Mousa Inquiry (2011)

Update SOI J3-9 Definitions

The definitions of the prohibited techniques contained in SOI J3-9 should be updated to reflect the recommendations made in respect of JDP 1-10.

- The Defence Secretary stated on 8 September 2011 that the government accepted this recommendation and stated that SOI J3-9 had been updated to reflect …

BAHA-32 Accepted

Baha Mousa Inquiry (2011)

SOI J3-9 Sight Deprivation

SOI J3-9 should reflect the greater emphasis that is given in the latest draft of JDP 1-10 to avoiding in the first place, where practicable, circumstances in which sight deprivation …

- The Defence Secretary stated on 8 September 2011 that the government accepted this recommendation and stated that SOI J3-9 had been updated to emphasise …

BAHA-33 Accepted

Baha Mousa Inquiry (2011)

Communicating Deprivation Reasons

Where practicable CPErS who are subjected to sight deprivation or hearing deprivation should be told the reason for it. If being deprived of their sight for some or part of …

- The Defence Secretary stated on 8 September 2011 that the government accepted this recommendation and stated that requirements to communicate with captured persons about …

BAHA-34 Accepted

Baha Mousa Inquiry (2011)

Consistent Sight Deprivation Terminology

Theatre level detention instructions and guidance should be reviewed to ensure that references to the means of permissible sight deprivation are consistent. The clearest wording is likely to be 'sight …

- The Defence Secretary stated on 8 September 2011 that the government accepted this recommendation and stated that terminology had been standardised to 'sight deprivation …

BAHA-35 Accepted

Baha Mousa Inquiry (2011)

Detention Timescales Consistency

Theatre level detention instructions and guidance should be reviewed to ensure that references to timescales for detention are clear and consistent. Timescales for detention are an important aspect of managing …

- The Defence Secretary stated on 8 September 2011 that the government accepted this recommendation and stated that detention timescales had been reviewed and made …

BAHA-36 Accepted

Baha Mousa Inquiry (2011)

CPErS Documentation

CPErS documents should be as few in number as possible but they require amendment to ensure that those involved in detention are guided more accurately on what to record. Current …

- The Defence Secretary stated on 8 September 2011 that the government accepted this recommendation and stated that captured persons documentation had been amended to …

BAHA-37 Accepted

Baha Mousa Inquiry (2011)

Occurrence Book Requirement

A suitable occurrence book must be maintained at all times whenever CPErS are being held at a unit or sub-unit holding facility.

- The Defence Secretary stated on 8 September 2011 that the government accepted this recommendation and stated that occurrence book requirements had been mandated for …

BAHA-38 Accepted

Baha Mousa Inquiry (2011)

Single Comprehensive CPErS Order

The MoD should continue its recent practice of ensuring that theatre level instructions and procedures for CPErS are contained within a single comprehensive order that is kept up to date …

- The Defence Secretary stated on 8 September 2011 that the government accepted this recommendation and stated that the practice of maintaining a single comprehensive …

BAHA-39 Accepted

Baha Mousa Inquiry (2011)

Review Goggles Use in THF

The Provost Marshal (Army) should formally review whether the current practice of using blacked out goggles for all movement of CPErS within Temporary Holding Facilities is strictly necessary and ensure …

- The Defence Secretary stated on 8 September 2011 that the government accepted this recommendation and stated that the Provost Marshal (Army) had reviewed the …

BAHA-40 Accepted

Baha Mousa Inquiry (2011)

Battlegroup Detention Officer

Each Battlegroup should have a 'Detention Officer' being a commissioned officer within Battlegroup Headquarters. The role should encompass coordination and management of CPErS; acting as a focus on CPErS matters …

- The Defence Secretary stated on 8 September 2011 that the government accepted this recommendation and stated that the role of Battlegroup Detention Officer had …

BAHA-41 Accepted

Baha Mousa Inquiry (2011)

Detention Sergeant Role

On operations where CPErS may be taken there should be a Senior Non-Commissioned Officer (NCO) who acts as the 'Detention Sergeant' who has responsibility for the administrative aspects of CPErS …

- The Defence Secretary stated on 8 September 2011 that the government accepted this recommendation and stated that the Detention Sergeant role had been established …

BAHA-42 Accepted

Baha Mousa Inquiry (2011)

Written CPErS Responsibilities

Before any deployed operation, the Commanding Officer must ensure that there is a clear written explanation of unit level responsibilities for CPErS. If responsibilities are changed during an enduring operation …

- The Defence Secretary stated on 8 September 2011 that the government accepted this recommendation and stated that requirements for written captured persons responsibilities and …

BAHA-43 Accepted

Baha Mousa Inquiry (2011)

PM(A) Inspection Authority

The PM(A) and those who in his name carry out inspections of the main operational detention facilities should be expressly recognised as having the right and duty to inspect CPErS …

- The Defence Secretary stated on 8 September 2011 that the government accepted this recommendation and stated that the Provost Marshal (Army) inspection authority had …

BAHA-44 Accepted

Baha Mousa Inquiry (2011)

Redacted Recommendation

[REDACTED - This recommendation has been redacted from the public version of the report]

- The Defence Secretary stated on 8 September 2011 that the government accepted this recommendation (Government Response to the Baha Mousa Inquiry, Ministry of Defence, …

BAHA-45 Accepted

Baha Mousa Inquiry (2011)

Unannounced Inspections

The PM(A) and the in theatre Force Provost Marshal should take account of the in theatre situation in assessing whether any unannounced MPS inspections of forward detention facilities would be …

- The Defence Secretary stated on 8 September 2011 that the government accepted this recommendation and stated that procedures for unannounced inspections of forward detention …

BAHA-46 Accepted

Baha Mousa Inquiry (2011)

Lessons Learned Process

The MoD should consider whether the lessons learned procedures need to be adjusted or supplemented so that the clearer and more urgent lessons and changes to previous practice are fed …

- The Defence Secretary stated on 8 September 2011 that the government accepted this recommendation and stated that lessons learned processes had been improved for …

BAHA-47 Accepted

Baha Mousa Inquiry (2011)

CPErS Training Content

CPErS training should include both theoretical and practical training in what Forces personnel can and should do when handling CPErS. It is important that training is not limited to prohibitions …

- The Defence Secretary stated on 8 September 2011 that the government accepted this recommendation and stated that captured persons training had been expanded to …

BAHA-48 Accepted

Baha Mousa Inquiry (2011)

End-to-End CPErS Training

CPErS training should be woven into the full range of military exercises and training. Such training should be 'end to end', not just focused on planning and the actual combat …

- The Defence Secretary stated on 8 September 2011 that the government accepted this recommendation and stated that captured persons handling had been incorporated throughout …

BAHA-49 Accepted

Baha Mousa Inquiry (2011)

Consistent Training Materials

Training materials across the Services need to be reviewed to ensure that the messages about all aspects of CPErS handling are clear and consistent. The arrangement whereby the PM(A) will …

- The Defence Secretary stated on 8 September 2011 that the government accepted this recommendation and stated that training materials had been reviewed and made …

BAHA-50 Accepted

Baha Mousa Inquiry (2011)

MATT 7 Presentation Update

The MATT 7 PowerPoint presentation on the five techniques should be amended to ensure that the definitions of the techniques are consistent with amendments to JDP 1-10; that it is …

- The Defence Secretary stated on 8 September 2011 that the government accepted this recommendation and stated that the MATT 7 PowerPoint presentation on the …