Dated: 9 AUGUST 20i 0 THE BAHA MOUSA PUBUC ~NQWRY

Transcription

1 Witness Name: ANDREW PETER MURDOCH Statement No.: [ONE] Dated: 9 AUGUST 20i 0 THE BAHA MOUSA PUBUC ~NQWRY I, ANDREW PETER MURDOCH will say as follows: - 1. I am ANDREW PETER MURDOCH. My rank is Commander Royal Navy (RN) and my current position is S01 International Law within the Directorate of Naval Legal Services (DNLS). 1 DNLS' responsibilities include determining the Naval Service (RN/RM) requirement, taking into account any applicable MoD/tri-service policy, for training in legal matters. The training itself is mostly delivered by naval lawyers (including personnel from DNLS) or military instructors, with some instruction from civilian academics. Where training is not delivered by DNLS personnel, its legal content is subject to a process of validation. 2. With reference to the Inquiry's letter to Jeremy Williams of 21 Dec 2009, I have been asked to answer question 27 where it relates to training delivered within the Royal Navy. 3. Question 27 asks ''To what extent is the proper treatment and handling of CPERs now covered in: ~~~" 1 All holders of this post are, since 2009, required to have completed a Masters (LLM) in Public International Law. MIV004657

2 Phase 1 training and subsequent training phases for army recruits and the equivalent RN and RAF training? 4. Phase 1 individual level training for naval recruits is undertaken at HMS RALEIGH in Torpoint. As part of the initial training package, each batch of new recruits undertakes instructor-led 2 training in a module entitled the 'Law of Armed Conflict' (LOAC) as required by Joint Service Publication (JSP) 898, Part 3, Chapter Those attending the LOAC training package (content specified in the Formal Training Statement [MIV ]) are required to be trained to treat all CPERs humanely. In this training emphasis is placed on those acts that are prohibited no matter what category a CPERs falls within: Torture; the use of violence; the taking of hostages; acts of terrorism; outrages to personal dignity, in particular humiliating and degrading treatment; slavery; depredation; conviction or punishment without fair trial; and exposing CPERs to public curiosity or humiliation. The five proscribed techniques are not expressly referred to as such in the presentation, however instructors often refer to the techniques themselves as examples of prohibited treatment. This training is either refreshed or developed after completion of Phase 1 by: individual-level training on promotion (see paragraphs 7-8), individual and/or unit-level training prior to an operational deployment (see paragraphs 13-17) and individual-level training on specialist courses (see paragraph 19). 6. Paragraph 20 (below) explains the content of the new Core Maritime Skills programme 3 for training individuals, which includes dedicated training on Operational Detention. CMS 7 is intended to replace the Phase 1 LOAC module in 2010 and will double the period of training on Operational Law issues. The introduction of CMS will therefore enhance the training delivered to Phase 1 recruits in the proper treatment and handling of CPERs; the five proscribed techniques will be expressly referred to in CMS 7. 2 Delivered by an officer (non lawyer) from staff of HMS RALEIGH 3 CMS 7 will be similar to the Army MATT 7 training package. MIV004658

3 NCO promotion courses? 7. The 2 mandatory promotion courses delivered within the Royal Navy for naval ratings (Leading Rates Leadership Course undertaken by all Rates prior to promotion to Leading Hand, 4 and the Senior Rates Leadership Course undertaken by all Rates prior to promotion to Petty Officer') include instructorled tra!n!ng 6 in 'LOAC to meet the ind!vidua!-!eve! training requirements of JSP 898, Part 3, Chapter Those attending the LOAC training package (content specified in Training Performance Statements (TPSs) [M IV ] & [M IV ]) are trained to treat all CPERs humanely; emphasis is placed on those acts that are prohibited no matter what category a CPERs falls within. 7 The five proscribed techniques are not expressly referred to as such in the presentation, however instructors often refer to the techniques themselves as examples of prohibited treatment. This training refreshes training received in Phase 1, but places a greater emphasis on Command responsibility. This training will be supplemented by further individual and/or unit-level training prior to an operational deployment (see paragraphs 13-17) and individual-level training on specialist courses (see paragraph 19). Officer training? 9. Initial (Phase 1) officer training is undertaken at the Britannia Royal Naval College (BRNC) in Dartmouth. New entrant officers undertake instructorled training 8 in a module entitled the 'Law of Armed Conflict' (LOAC) (meeting the requirements of JSP 898, Part 3, Chapter 8). The Formal Training Statement for the initial officer training package [M IV pages 5-8] 4 Corporal equivalent. 5 Sergeant equivalent 6 Delivered by a (non-lawyer) instructor from the staff. 7 Torture; the use of violence; the taking of hostages; acts of terrorism; outrages to personal dignity, in particular humiliating and degrading treatment; slavery; depredation; conviction or punishment without fair trial; and exposing CPERs to public curiosity or humiliation. 8 Delivered by a naval lawyer and BRNC staff. 3 MIV004659

4 includes the same Key Learning Points as for ratings', and includes instruction to treat all CPERS humanely. This element of the training is intended to ensure that new entrant officers understand the fundamental principles that concern proper handling and treatment of all categories of CPERs, with emphasis placed on those acts that are prohibited no matter what category a CPERs falls within 9 and Command responsibility. The five proscribed techniques are not expressly referred to as such in the presentation, however instructors often refer to the techniques themselves as examples of prohibited treatment. This training is developed through further individual and unit-level training (see paragraphs and 19). 10. The new Core Maritime Skills (CMS) programme 10 for training individuals (see paragraph 20 below) includes dedicated training on Operational Detention. CMS 7 is intended to replace the BANC Phase 1 LOAC module in The introduction of CMS will therefore enhance the training delivered to new entrant officers in the proper treatment and handling of CPERs; the five proscribed techniques will be expressly referred to. While the final package has not yet been completed, a copy of the Implementation Plan outlining the scope of the training, target audience, frequency of delivery and provision for the testing of those receiving the package is attached [MIV ]. Subsequent Officer promotion courses? 11. Whilst there are no specific promotion courses for officers, there are a number of career courses that officers may attend throughout their career, dependant on specialisation and seniority. 11 These are: 9 Torture; the use of violence; the taking of hostages; acts of terrorism; outrages to personal dignity, in particular humiliating and degrading treatment; slavery; depredation; conviction or punishment without fair trial; and exposing CPERs to public curiosity or humiliation. 1 CMS 7 will be similar to the Army MATT 7 training package. 11 After the introduction of CMS 7 (see paragraph 20) all officers will receive annual training in Operational Detention whether or not they attend these courses. 4 MIV004660

5 a. Intermediate Command and Staff Course (Maritime). This is a course attended by RN Lieutenants and junior Lieutenant Commanders 12 and includes instructor-led training 13 in a module entitled LOAC (the content meets JSP 898, Part 3, Chapter 8 requirements). The LOAC training package ( [M IV ] - relevant slides only) includes instruction on treating all CPERS humanely, with emphasis on those acts that are prohibited no matter what category a CPERs falls within. 14 The five proscribed techniques are not expressly referred to as such in the presentation, however instructors often refer to the techniques themselves as examples of prohibited treatment. This training serves to refresh training received in Phase 1, with added emphasis on Command responsibility. b. Advanced Command and Staff Course 15 This is a Tri-Service course attended by representatives of all three services, although in the initial few weeks students are taught in three, single Service, groups: i. The RN contingent is predominantly made up of senior Lieutenant Commanders and Commanders. All students are currently issued with a CD from the Development, Concepts and Doctrine Centre which includes JDP (Prisoners of War), JDP (Internees), and JDP (Detainees) for reference. A wider range of doctrine and official publications are available within the College Library for students to sign out on an individual basis or to access online, but are not included in either individual or syndicate book packs. 12 Not all RN Officers are selected or volunteer to attend this course. However, this may change in the future with the introduction of the Junior Officer Leadership Course currently under Training Course Design. lt is proposed that this course will include elements of CMS 7, which will be instructor led, and focus on Command responsibilities. 13 Delivered by a naval lawyer. 14 Torture; the use of violence; the taking of hostages; acts of terrorism; outrages to personal dignity, in particular humiliating and degrading treatment; slavery; depredation; conviction or punishment without fair trial; and exposing CPERs to public curiosity or humiliation. 15 Delivered at the Defence Academy, Shrivenham. MIV004661

6 ii. During the initial single-service weeks of the course which commences in September 201 0, RN students will receive refresher individual-level instruction on the legal issues concerning Maritime Operations. 16 Within this topic issues concerning the treatment and handling of CPERs will be addressed in the context of conducting Maritime Detention Operations using a piracy case study. An emphasis will be placed on those acts that are prohibited no matter what category a CPERs falls within, 17 as well as Command responsibility. The five proscribed techniques are not expressly referred to as such in the presentation, however instructors often refer to the techniques themselves as examples of prohibited treatment. iii. In the joint part of the course, students from the RN are mixed with officers from the other Services. During this time they receive instruction on the LOAC and International Law and Ethics. These topics are covered in the 'Conflict and the International System' module, a copy of the training objectives of which is attached [MIV ]. This training is primarily delivered by visiting civilian and military legal speakers from academic institutions, international organisations or military establishments. lt is understood that the content of this module is being reviewed by the team leader of this module. c. Principal Warfare Officers' (PWO) Course 18. This course consists of individual-level training delivered to naval warfare officers 19 prior to them taking up post as Principal Warfare Officers onboard warships. As the Principal Warfare Officer onboard a warship, the PWO is the Officer in Charge of the Operations Room and is, in broad terms, responsible to 16 Delivered by a naval lawyer. ' 7 Torture; the use of violence; the taking of hostages; acts of terrorism; outrages to personal dignity, in particular humiliating and degrading treatment; slavery; depredation; conviction or punishment without fair trial; and exposing CPERs to public curiosity or humiliation. 18 Delivered at the Maritime Warfare School, HMS COLLINGWOOD. 19 This training is also attended by students on the Advanced Submarine Warfare and Air Courses. 6 MIV004662

7 the Commanding Officer for the 'fighting' of the ship. As such, attendees on the PWO course (senior Lieutenants and junior Lieutenant Commanders) receive 1 Y2 days of instructor-led training in LOAC, the use of force outside of Armed Conflict and Maritime Operations in peacetime and conflict. 20 The proper handling and treatment of CPERs is addressed within the training on Maritime Operations and LOAC ([MIV ] - relevant slides only). In particular, a piracy case study has been introduced into the module to illustrate issues concerning proper CPERs handling and treatment onboard a warship ([MIV ] - relevant slides only). The fundamental principles that apply to the handling and treatment of all categories of CPERs are explained, with emphasis placed on those acts that are prohibited no matter what category a CPERs falls within. 21 The five proscribed techniques are not expressly referred to as such in the presentation, however instructors often refer to the techniques themselves as examples of prohibited treatment. Courses for those designated as Commanding Officers? 12. The Commanding Officers' (Designate) Course 22 is an individual-level course attended by all those chosen to Command RN warships and establishments. Attendees can range from senior Lieutenant to Captain, dependant on the size of the unit they have been appointed to command. Whilst not all attendees will be Commanding sea going units, all will receive legal briefings. Two half-day legal sessions 23 are included in the programme. The first focuses on broad issues of command, criminal law and discipline. The second session covers issues of international law and LOAC. The fundamental principles that apply to the handling and treatment of all categories of CPERs are explained (using Slide 4 of [M IV ] ), with emphasis placed on those ~~--~ 20 Delivered by a naval lawyer. 21 Torture; the use of violence; the taking of hostages; acts of terrorism; outrages to personal dignity, in particular humiliating and degrading treatment; slavery; depredation; conviction or punishment without fair trial; and exposing CPERs to public curiosity or humiliation. 22 Delivered at the Maritime Warfare School, HMS COLLINGWOOD 23 Delivered by a naval lawyer MIV004663

8 acts that are prohibited no matter what category a CPERs falls within. The five proscribed techniques are not expressly referred to as such in the presentation, however instructors often refer to the techniques themselves as examples of prohibited treatment. There is also special emphasis on the issue of Command responsibility. Pre-deployment training? 13. Pre-deployment individual-level training for RN Individual Augmentees (IAs) takes place at the RN Pre-Deployment Training and Mounting Centre (RN PDT & MC). 14. The RN PDT & MC delivers theatre specific training for all members of the RN (ratings and officers) deploying to land based operational appointments. Each course undertakes instructor-led training 24 in a module entitled 'LOAC', part of which focuses on the fundamental principles that apply to the handling and treatment of all categories of CPERs, with emphasis placed on those acts that are prohibited no matter what category a CPERs falls within( [MIV ] - relevant slides only). The five proscribed techniques are not expressly referred to as such in the presentation, however instructors often refer to the techniques themselves as examples of prohibited treatment. This training is supplemented - when personnel arrive in theatre - by instruction tailored to the specific operational area of the deployment. 25 This training will include a section focusing on the proper treatment and handling of CPERs, delivered by a UK military lawyer serving in the theatre. 15. Pre-deployment unit-level training is conducted by Flag Officer Sea Training (FOST). All RN warships will undergo rigorous training on a regular basis under the control of the Flag Officer Sea Training (FOST) organisation ~~~ Delivered by a Naval lawyer 25 Reception, Staging, Onward movement and Integration (RSOI) training. MIV004664

9 16. During both Basic Operational Sea Training (BOST) and Deployment Continuation Training (DCT), warships are required to undergo training which will cover the treatment and handling of CPERs in the maritime environment. The amount and manner of training will depend on their planned future tasking; for example, units deploying East of Suez which must be prepared to detain suspected pirates receive the most training. The practical maritime exercises which specifically address issues of CPERs are currently based around the scenario of detaining suspected pirates. These exercises take the form of real life simulations, building upon the individual training delivered throughout participants' careers (see previous paragraphs); the exercises are designed to train and assess the ship's company's knowledge and understanding of the proper procedures and practices to handle CPERs in a maritime environment from capture through to detention in the ship's unit holding facility. Furthermore, as part of the initial harbour week of Operational Sea Training, individual-level legal briefs 26 are given to the Command Group (senior officers onboard the warship), Warfare Department officers and Key Senior Ratings. These refresher briefs include more specific instruction on the fundamental principles that apply to the handling and treatment of all categories of CPERs, with emphasis placed on those acts that are prohibited no matter what category a CPERs falls within, and Command responsibility. The five proscribed techniques are not expressly referred to as such in the presentation, however instructors often refer to the techniques themselves as examples of prohibited treatment. 17. A legal brief is also be given to a warship's Command Team (Commanding Officer and key officers) prior to any deployment. 27 The brief will provide an opportunity to examine the key legal issues for the deployment, which will include discussion of any Standard Operating Procedure (SOP) for Maritime Detention that is extant for the area in which the warship is deploying. There is no single written presentation; rather each oral brief will be tailored to the deploying unit's mission and, in particular, current legal issues. 26 Delivered by a Naval lawyer 27 Delivered by naval lawyer from Fleet Legal Operations as well as a naval or military lawyer from the Permanent Joint Headquarters in Northwood if the warship is deploying to PJHQ's area of responsibility. MIV004665

10 18. A complete answer to this question has been provided by Air Commodore Anthony Charles Wilcock, Head of Medical Strategy and Policy in the Surgeon General's Headquarters. Additional Training delivered. 19. In addition to the training outlined above, training in the proper treatment and handling of CPERS is received in the following courses I training serials: a. Unit Custody Staff Course 28 All RN Police embarked on warships are required to complete the Unit Custody Staff Course [MIV ]. prior to joining their unit. Part of the course focuses on Operational Detention and, as such, attendees will be well versed in supervising custodial regimes and practices concerning the handling of CPERs. RN Police embarked on warships are the custody I detention subject matter experts and are responsible for advising the Command on procedures and practices for Operational Detention in the maritime environment to ensure CPERs are handled and treated properly. b. Naval Military Training School: Board and Search Course. As part of the syllabus of the Board and Search Course for personnel who are part of the Boarding Teams in deploying units, training is delivered 29 in LOAC, CPERs handling and Command and Individual responsibilities. Practical exercises and lectures are given in CPERs handling and treatment as part of the course [MIV ]. c. Tactical Questioning Training: The only RN personnel who are permitted to conduct Tactical Questioning (TQ) of CPERs are those that 28 Delivered at the Military Corrective Training Centre, Colchester. 29 Deliver by (non-lawyer) instructor on the staff. 10 MIV004666

11 are trained to do so. If a requirement is identified for RN personnel to conduct TQ, they will attend the Defence Tactical Questioning Course at the Defence Intelligence and Security Centre (DISC) at Chicksands. lt is understood that the content of this training with regard to the handling and treatment of CPERs is subject to separate Statements of Witness from DISC personnel. Future Training. 20. As stated earlier, further training is being developed for introduction in 2010 as part of the Core Maritime Skills (CMS) training programme that will enhance individual-level instruction in the proper treatment and handling of CPERs. CMS is a pan-navy project to put in place a number of key training areas, in a similar way to the Army MATI system, one of which is Operational Law (CMS 7 30 ). CMS 7 will cover 3 main areas: LOAC, the Use of Force outside of LOAC and Operational Detention. CMS 7 will ensure that all RN personnel receive regular training in Operational Law issues, and specifically a dedicated module on Operational Detention issues. The entire CMS package will be mandatory for all members of the RN and will have to be completed annually. The CMS 7 package will also include an exam to test the understanding and comprehension of all participants, which must be passed before they can be deemed to have successfully completed the training package. CMS 7 will be delivered at 3 levels; Level 1 will be a 3 hour instructor-led package undertaken by all personnel in Phase 1 training and high readiness units (units with a liability to deploy on operations) and will cover all 3 subject areas, of which the Operational Detention section will last approximately one hour. Levels 2 & 3 will be a computer based learning package of approximately 45 minutes, undertaken by all other personnel (such as headquarters staff). The Operational Detention package will address categories of CPERs, fundamental principles of humane treatment for all categories of CPERs, prohibited and permitted acts involving CPERs (with --~~~~~~~ CMS 7 has a direct read-across to MATT 7 with a maritime flavour. 11 MIV004667

12 express reference to the five proscribed techniques), individual and Command responsibilities, and the questioning of CPERs. I believe that the facts stated in this witness statement are true. Signed Dated.,. ~l_au,g_y_.t4qj._q._._._._._._._._.. w C.-.-.,., MIV004668

13 Documents referred to in the Witness Statement of ANDREW PETER MURDOCH, dated 09/08/2010: Paragraph# URN Title JSP 898. Part 3 - Chapter 8. Armed Forces 4 MIV Law Formal Training Statement. All Ratings 5 MIV First Sea Drift. Law of Armed Conflict (LOAC) Training 8 MIV Performance Statement Law of Armed Conflict (LOAC) Training 8 MIV Performance Statement Initial Officer Training (lot) Formal Training 9 MIV Statement 10 MIV Core Maritime Skills 7 Implementation Plan Captured Persons (CPERS): Powerpoint 11(a),12 MIV presentation Joint Doctrine Publication 1-10 (JDP-1.1 0) Prisoners of War, Internees and Detainees 11 (b)(i) MOD (April 2006) Joint Doctrine Publication (JDP 1-11 (b)(i) MOD ), Prisoners of War (July 2006) Joint Doctrine Publication (JDP 1-11 (b)(i) MOD ), Internees (July 2006) Joint Doctrine Publication (JDP 1-11 (b)(i) MOD ), Detainees (July 2006) Law of Armed Conflict- Joint Services 11 (b)(iii) MIV Command and Staff College Courses Principal Warfare Officers (PWO) Course: Maritime Operations and Law of Armed 11 (c) MIV Conflict- Powerpoint Presentation Principal Warfare Officers (PWO) Course: Piracy Case Study - Powerpoint 11 (c) MIV presentation Naval Military Training School: Board and 19 (b) MIV Search Courses - Detainee Handling Captured Persons (CPERS) - Powerpoint Related material MIV Presentation MIV004668a