396 / 494
395
FINDING
11.111.
We find that the system employed to offer medical
assistance to residents was only accessible in limited ways. Although
Lt. Col. Sewell may have been under a duty to try to preserve the man’s
life by providing assistance, on the state of the evidence we are unable
to find that he was in dereliction of that duty. There is no evidence
that Lt. Col. Sewell did not take action.
(v)
Assaults on Residents
11.112.
There was also evidence of assaults and batteries committed
against young men within the area of operation prior to being taken to detention
centres. It is evident from the complaints of residents in evidence that members
of the security forces in sectors 1 and 2 misconducted themselves.
FINDING
11.113.
On a balance of probabilities, we find that members of the
security forces assaulted some residents without restraint. The
injuries which were occasioned to various individuals and more
particularly described elsewhere in this Report, lead to the reasonable
inference that the perpetrators of these abuses and their senior
commanders (if there were aware of the abuses) were in dereliction of
their duties to respect the human rights of individuals.
(vi)
Reporting Murder up the Chain of Command
11.114.
Soldiers #1 and #3 testified that they reported the murders they
witnessed to their immediate supervisors, i.e. a L/Cpl. There is no evidence that
these reports went higher up the chain of command and Lt. Col. Ogilvie gave
evidence that no such reports were received at regular meetings of commanders.
But the statements of Soldiers #1 and #3 were filed with the Legal Unit of the