The following briefing note is developed by academics researching the use of chemical and biological weapons during the 2011-present war in Syria. The note reflects work in progress. However, the substantive questions raised need answering, especially given the seriousness of the political situation in the Middle East and UK-Russian relations. We welcome comments and corrections.
During the last few months, the Working Group on Syria Propaganda and Media was preparing a briefing note focusing on the publicly-funded business activities of James Le Mesurier. A near-final draft was ready when his death in Istanbul was announced on 11 November 2019. We have decided to publish it, with minimal updating, as the material is relevant both to understanding the role of the UK government in the Syrian conflict and also to the investigation of Le Mesurier's death. Le Mesurier was founder of three companies named "Mayday Rescue": Mayday Rescue FZ-LLC in Dubai (2014), Mayday Search and Rescue Training and Consultancy Services Limited in Turkey (2014) and Stichting Mayday Rescue Foundation in the Netherlands (2015). No accounts are available for any of these companies. After providing misleading answers to questions submitted under the Freedom of Information Act, the FCO has admitted that its payments to "Mayday Rescue" for support of the White Helmets – £43 million from 2015 to 2018 – were made not to Stichting Mayday Rescue Foundation but to the commercial company Mayday Rescue FZ-LLC in Dubai. Stichting Mayday Rescue Foundation is not registered as a charitable organisation (Algemeen Nut Beogende Instelling) and as it is "without commercial enterprise" it does not have to file accounts. In the Netherlands a Stichting is commonly used as a vehicle to disburse overseas investment income to undisclosed beneficiaries while minimizing tax liability. From September 2016 to February 2018, while Stichting Mayday Rescue Foundation was receiving payments from the Dutch Foreign Ministry, the Stichting complied with requirements for governance and transparency by appointing a Secretary and Treasurer. In April 2017 Le Mesurier founded what appears to have been a dummy company named R3Covery BV based in Amsterdam. This company has failed to comply with the legal requirement to file accounts. A possible intended or actual use for this company was to tunnel money out of the Stichting. In January 2019 Le Mesurier registered My Zahara Limited as a dormant company in northern England. As the address belongs to a company formation agent that specializes in business tax management and compliance with money laundering regulations, it is likely that the intended use of this company was to repatriate money from Le Mesurier's overseas companies. OPCW inspectors have told us that during the investigations of alleged chemical attacks in opposition-held territory conducted by the Fact-Finding Mission (FFM) from 2015 onwards, Le Mesurier worked closely with Len Phillips, the leader of FFM Team Alpha, to select White Helmets as "witnesses" for interview by the investigation team in Turkey. We have set out elsewhere evidence that these alleged chemical attacks were staged, and that in at least three of these incidents the staging entailed mass murder of civilian captives. As an experienced military intelligence officer, Le Mesurier should have been able to assess this evidence. Le Mesurier's activities during the final months of his life indicate that he was following (and possibly coordinating) efforts to smear and silence members of the Working Group on Syria Propaganda and Media. It is likely that by the end of October 2019 Le Mesurier was aware that both the business activities of Mayday Rescue and his connection with the increasingly controversial OPCW investigation of the Douma incident were coming under close scrutiny.
The creation in 2014 of a new mechanism – the "Fact-Finding Mission in Syria" (FFM) – to investigate alleged chemical attacks allowed the OPCW to bypass the procedures laid down in the Chemical Weapons Convention for investigations of alleged use, and to set its own rules for these investigations. The roles of the Director-General and the newly appointed director of the Investigation and Identification Team (IIT) are mostly ceremonial. The effective boss of the OPCW is the Chief of Cabinet Sébastien Braha, a French diplomat, and the Principal Investigator of the IIT is Elise Coté, a Canadian diplomat. Although these individuals have obvious conflicts of interest in relation to Syria, the OPCW lacks any procedure for managing such situations. The Technical Secretariat's excuse for suppression of the Engineering Assessment – that evidence that the cylinders were manually placed rather than dropped from the air is "outside of the mandate and methodology of the FFM" – is fallacious and contradicts OPCW's published reports on the Douma incident. It was already clear from open source evidence, as we pointed out in an earlier briefing note, that the Interim and Final Reports of the FFM on the Douma incident had been nobbled. Our sources have now filled in some of the details of this process. Specifically: a. By mid-June 2018 there would have been ample time to draft an interim report that summarized the analysis of witness testimony, open-source images, on-site inspections and lab results. We have learned that the original draft of the interim report, which had noted inconsistencies in the evidence of a chemical attack, was revised by a process that was not transparent to FFM team members to become the published Interim Report released on 6 July 2018 that included only the laboratory results. b. After the release of the Interim Report, the investigation proceeded in secrecy with all FFM team members who had deployed to Douma excluded. It was nominally led by Sami Barrek who as FFM Team Leader had left Damascus before the on-site inspections began. These FFM team members do not know who wrote the document that was released as the "Final Report of the FFM". c. We have learned from multiple sources that the second stage of the investigation involved consultation with Len Phillips, the previous leader of FFM Team Alpha who worked in the OPCW during this period as a self-employed consultant. From examination of three earlier FFM reports on incidents in 2015 or 2017 where Phillips was the Team Leader, it is clear that these reports also excluded or ignored evidence that these alleged chemical attacks had been staged. Specifically: a. The FFM report on the alleged chlorine attacks in Idlib between 16 March and 20 May 2015 omitted the crucial fact, later noted by the Joint Investigative Mechanism, that the refrigerant canisters allegedly used as components of chemical munitions could not have been repurposed. b. The FFM report on the alleged sarin attack in Khan Sheikhoun on 4 April 2017 omitted the information, later noted by the Joint Investigative Mechanism which had access to the same records, that the recorded hospital admission times of at least 100 patients were too early for them to have reached hospital if they had become casualties at the time the attack was alleged to have occurred. c. The FFM investigation of the alleged chlorine attack in Ltamenah on 25 March 2017, reported on 13 June 2018, led it to discover a previously unrecorded sarin attack nearby the day before, and to prompt the White Helmets to provide, eleven months later, munition parts that tested positive for intact sarin. The report failed to explain or even comment on how intact sarin could have persisted for so long in the open. This indicates that the suppression of the Engineering Assessment of the Douma incident was not an isolated aberration. In this context it is relevant that the opposition-linked NGOs on which the FFM has relied for evidence since 2014 have dubious provenance, and at least some of them have been set up under UK tutelage. The credibility of the OPCW cannot be restored simply by finding some way to reverse what were purported to be the findings of the FFM on the Douma incident, but only by an independent re-examination of all its previous investigations of alleged chemical attacks in Syria, and a radical reform of its governance and procedures. To resolve the discrepancy between the conclusions of the internal Engineering Assessment and those of the Final Report, a first step would be to make public the assessments of the external engineering experts on whom the Final Report relied. The engineering assessments were based on observations of the cylinders and measurements at the locations where they were found. As the cylinders, tagged and sealed by the OPCW inspectors, are in the custody of the Syrian government, it is feasible to undertake an independent study to determine whether the conclusions of earlier engineering assessments can be replicated. For such a study to be credible, it would have to be undertaken by a panel independent of OPCW, in accordance with methods for reproducible research.
In: McKeigue , P , Mason , J , Miller , D & Robinson , P 2018 ' Briefing note: the alleged chemical attack in Douma on 7 April 2018, and other alleged chlorine attacks in Syria since 2014 ' .
Early statements by the US and French governments that a nerve agent had been used in the alleged chemical attack in Douma on 7 April 2018 were rebutted by the OPCW Fact-Finding mission which reported that neither environmental samples obtained on-site nor blood samples from purported victims contained any trace of nerve agent. This indicates that the US and French governments were poorly informed at the time of the US-led missile attack on Syria on 14 April. The Prime Minister misled the House of Commons by stating on 16 April that the OPCW team had been prevented from visiting the Douma attack site by the Syrian authorities and the Russian military, and may also have misled the House by stating that the US-led missile attack was "specifically targeted at three sites" allegedly associated with chemical weapons (rather than targeted on Syrian military infrastructure as reported elsewhere). The OPCW Fact-Finding Mission did not reach any conclusion as to whether a chemical attack had taken place. The detection of chlorinated organic compounds in environmental samples is consistent with release of chlorine from a gas cylinder at the two alleged attack sites, but this does not distinguish between a chemical attack and a staged incident. Experts agreed that the images showing bodies of victims lying close together in an apartment building were not compatible with exposure only to chlorine, from which the victims would have been able to escape by moving to the windows or leaving the building. This is supported by experience of industrial accidents with chlorine in which those exposed are usually able to escape. As no nerve agent degradation products were detected and the positions of the victims' bodies are not compatible with death from chlorine exposure on the spot, the only remaining explanation is that the victims were killed by other means. Other observations favour a managed massacre rather than a chemical attack as the explanation for the Douma incident:- the positioning of the gas cylinders is more consistent with staging than with an air-dropped munition at the site where most victims were shown, a fire was lit in the room underneath the gas cylinder. For chlorine to be useful as a weapon, it would have to be released on an industrial scale as in 1915 rather than as a single cylinder or barrel dropped from the air. Assessments by the OPCW Fact-Finding Mission that chlorine had been used as a weapon in Syria between 2014 and 2017 were based on secondary sources without on-site inspections. This violates a precept that OPCW had set for itself in 2013. The conclusions of the Fact-Finding Mission that use of chlorine in alleged attacks in Syria between 2014 and 2018 was "likely" or supported "with a high degree of confidence" relied on witnesses and samples provided by purported non-governmental organizations with access to opposition-held areas of Syria. These organizations included: a "CBRN Task Force" set up by an agent of the intelligence service of a state committed to one side in the Syrian conflict Same Justice / CVDCS, a Brussels-based organization whose operations are not transparent the White Helmets, who would themselves be implicated if these incidents were staged In relation to one of the incidents from which the CBRN Task Force collected materials — the alleged chlorine barrel bomb attack in Talmenes on 21 April 2014 — the UN/OPCW Joint Investigative Mechanism found clear evidence of staging at one of the two alleged locations. In a widely-publicized incident in Sarmin on 16 March 2015, the deaths of a family of six were allegedly caused by a chlorine barrel bomb. For this incident the alleged munition is implausible, the alleged mode of delivery is improbable, and the images of the child victims in hospital are consistent with drug overdose rather than chlorine exposure as the cause of death. Despite evidence that the incident had been staged, the Leadership Panel of the UN/OPCW Joint Investigative Mechanism — Gamba, Neritani and Schanze — relied on information obtained from unspecified "other sources" to conclude that a Syrian air force helicopter had dropped a chemical weapon.