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Dr Saleyha Ahsan: appeal to BBC Trust
Dear Sir / Madam
Reference: CAS-3414060-Y3SF9B
I wish to appeal against BBC Complaints’ decision on my Stage 1b complaint regarding BBC presenter Dr Saleyha Ahsan, notably with reference to potential breaches of the Geneva Convention committed by Dr Ahsan in publishing on Facebook photographs of a captive in the 2011 Libya conflict.
In addition to the observations on the Geneva Convention made by former BBC legal correspondent Joshua Rozenberg referenced in my Stage 1a and Stage 1b complaints, former president of the International Committee of the Red Cross Jakob Kellenberger has stated:
“It is forbidden to expose prisoners of war to public curiosity… and the essential thing is to make clear to all parties that PoWs should not be exposed in any form”
International human rights lawyer Dr Curtis Doebbler has provided this Memorandum of Law outlining the basic international law protecting civilians and prisoners from acts exposing them to public curiosity. Dr Doebbler states in conclusion:
To pursue the responsibility of an individual it is necessary to show that the individual not only knew of the action but knew or should have known of the possible consequence that it would subject a civilian or prisoner to public scrutiny and/or ridicule. This element of mens rea must always be accompanied by an actus reus or action covered by the law.
With regard to Dr Doebbler’s remarks, please note the privately made observation of a former army officer that, as a British army officer, Dr Ahsan would have received extensive and comprehensive training on the workings of the Geneva Convention, especially in respect of the treatment of prisoners. This would appear to make it unlikely that Dr Ashan would have been unaware of her responsibilities in this regard, whether at the time a serving officer or not. Note too that another of Dr Ahsan’s Facebook page states “She has also completed a LLM [Master of Laws] in International Human Rights and Humanitarian Law at Essex University”.
Philosophers stone – selected views from the boat http://philosophers-stone.co.uk