Investigatory Powers Commissioner’s Annual Report 2019
clear that the Minister for the Armed Forces took this failure seriously; he requested that
changes be put in place to ensure any future cases are reported to him promptly.
Allegations of mistreatment
11.13
We reviewed a number of cases in which individuals alleged that they had been mistreated.
We concluded that the MOD was investigating allegations of mistreatment as thoroughly
as the circumstances permitted. We have recommended that the MOD should make
clear in submissions the extent to which they are able to assess whether any allegations
of mistreatment might indicate a systemic problem. Any conclusions should be caveated
appropriately to take account of how much evidence is available to the MOD.
Training, advice and assistance operations
11.14
We discussed with the MOD whether the Consolidated Guidance is ever engaged when
British Forces are engaged in training, advice and assistance (TAA) missions overseas. Whilst
these missions do not involve the direct involvement of British personnel in detention
operations, the MOD is nevertheless providing capacity building to foreign military units
who may go on to detain, and potentially mistreat, individuals.
11.15
Following correspondence with the MOD, we are satisfied that TAA operations do not
engage the Consolidated Guidance, as the MOD is not passing intelligence to a foreign
authority where detention is the intended or likely outcome. Any compliance risks
associated with TAA operations are governed by the Government’s Overseas Security
and Justice Assistance (OSJA) policy, which is not subject to oversight by the Investigatory
Powers Commissioner’s Office (IPCO).
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