News Article

General Dannatt speaks after close of Cpl Payne Court Martial

A Defence Policy and Business news article

30 Apr 07

Chief of the General Staff and professional head of the British Army, General Sir Richard Dannatt, has made a statement today, 30 April 2007, following the end of a court martial concerning allegations of mistreatment of Iraqi civilians by British Army personnel.

General Dannatt

Chief of the General Staff, General Sir Richard Dannatt
Picture: Army

The court martial, held at Bulford Camp, related to the death of Baha Musa and the alleged mistreatment of other Iraqi civilians in Basra during September 2003 when they were in the custody of the Queen’s Lancashire Regiment, now the Duke of Lancaster's Regiment.

The full text of General Sir Richard Dannatt's statement is as follows:

"Today Corporal Payne, who pleaded guilty last September to the offence of inhuman treatment of persons protected under the Geneva Conventions, was sentenced to 12 months imprisonment, to be reduced to the ranks and to be dismissed from Her Majesty's Armed Forces. At the beginning of the trial, he pleaded guilty to an offence that has been a crime in this country since 1957.

"Today's decision brings to a close the Court-Martial about the treatment of civilian detainees and the death of Mr Baha Musa in Iraq in September 2003. However, there has been so much comment about this case that I think it only right that I, as the head of the Army, set out my views, conscious that 2007 is not 2003 and in April we lost 12 soldiers to enemy action in Iraq.

"Whichever way you look at it, this case contains some uncomfortable facts. Those facts concern me and all those who are involved in sustaining the operational effectiveness of the Army"

General Sir Richard Dannatt


"Whichever way you look at it, this case contains some uncomfortable facts. Those facts concern me and all those who are involved in sustaining the operational effectiveness of the Army, and consequently its reputation.

"The facts are that a number of civilians were arrested by the Army on 14 September 2003 and detained in our custody. One of them, Mr Baha Musa, died after being held in Army detention; post mortem examination show that he had suffered asphyxiation and some 93 injuries to his body. Others held in our detention centre at that time suffered similar treatment.

"They were subjected to a conditioning process that was unlawful and I do not seek to condone what happened. It has always been our policy that all British military personnel deployed on operations must be in no doubt about their duty to behave in accordance with the law. It now appears that this duty was forgotten or overlooked in this case.

"The Iraqis we took into our custody should have been treated properly and lawfully and they were not. This was not a case of misjudgment in the heat of battle or the heat of the moment. Nobody who knows anything about the facts has ever suggested that it was.

"It has always been our policy that all British military personnel deployed on operations must be in no doubt about their duty to behave in accordance with the law."

General Sir Richard Dannatt


"We in the Army, and in the nation as a whole, rightly place enormous trust and confidence in our servicemen and women, and we demand a great deal from them in very demanding operational environments. Soldiers know that everything they do, wherever they do it, is subject to the law. Credible allegations of serious wrong-doing have to be investigated and, where evidence is independently assessed as justifying a prosecution, the principled application of a robust, fair and efficient system of military justice must follow.

"Discipline and the rule of law are core to everything we do, and are not optional extras appended to the functions of our armed forces. They are vital for command and operational effectiveness, as well as underpinning the very essence of our values and standards. I have never doubted the necessity of the investigation and of the legal process, and that it was the right thing to do in this case. We must see these things through without fear or favour.

"The end of this trial does not mean that this incident is now closed. We know how Mr Baha Musa died, but we do not yet know who was responsible. The Prosecuting Authority and the Service police will consider whether further investigation, in the light of any evidence that has become available during the course of this Court Martial, is appropriate and further formal action might follow. This is the only responsible course of action.

"It is only by rigorously adhering to our values and standards, and requiring alleged wrongdoers to face justice, that we will receive and merit the respect and confidence of the country and the World"

General Sir Richard Dannatt


"In addition, in 2005 my predecessor commissioned a body of work to identify lessons to be learned from this and other cases involving the deliberate abuse of Iraqi civilians. This will report shortly and its findings will be made public.

"Finally, everyone inside and outside the Army should recognise the harm that is caused to our hard earned reputation and, potentially, to our operational effectiveness when anyone commits serious breaches of our values and standards and the law that binds us.

"We will always investigate any credible allegations, and do all we can to ensure that those responsible for such serious breaches are held to account.

"I am clear that it is only by rigorously adhering to our values and standards, and requiring alleged wrongdoers to face justice, that we will receive and merit the respect and confidence of the country and the world that we would wish to receive from others."


Operations in Iraq

Operational Honours and Awards List: 19 March 2010

A total of 146 members of the Armed Forces and one civilian have received...19 Mar 10

Forces' bravery "nothing short of utterly remarkable"

Some of the soldiers, sailors and airmen who have been honoured for gallantry...19 Mar 10

Basra memorial wall rededicated in UK

The Basra Memorial Wall was rededicated in a poignant service at its new home in...11 Mar 10

HMS Monmouth night exercise in the Gulf

Currently on patrol in the Gulf, the Royal Navy warship HMS Monmouth has carried...5 Jan 10

Read more Operations in Iraq stories

See all In Depth stories

Page not yet rated
This page has an average rating of 0/5