Well done to Phil Shiner and PIL in winning this case before the House
of Lords
The Government is facing a damaging lawsuit and demands for a public
inquiry into its policy on torturing detainees in Iraq after a law lords
ruling today.
The UK's top judges ruled that the death of Baha Musa in British
military custody in Iraq fell under the remit of the Human Rights Act.
Musa, a hotel receptionist in Basra, died 48 hours after his arrest by
British soldiers. He was apparently beaten to death, suffering 93
separate injuries to his body.
Today's verdict by the UK's highest appeal court enables Mr Musa's
family not only to sue the Government in High Court - lawyers have already
said that they will be seeking exemplary damages - but to insist on a
public inquiry into his death.
Phil Shiner, a lawyer for the Musa family, reeled off a list of
questions he felt should now be answered by the Government.
He asked why it abandoned a ruling by Edward Heath's government in 1972
that outlawed the practice of hooding detainees, and of "stressing"
them by depriving them of food and water and bombarding them with noise
and abuse.
He also queried whether the right people had been charged with the
right offences over Mr Musa's death. He accused the government of
suppressing damning evidence from the court martial, including "a video showing
hooded and cuffed detaineees being verbally and physically abused as
they were man-handled into the UK's preferred stress position".
"When the head of army legal services blew the whistle on hooding and
stressing, he was told that the Attorney-General had advised that the
Human Rights Act did not apply, and so lower standards were applied,"
said Mr Shiner.
"It is imperative that the Government and the military face up to these
issues."
Speaking outside Parliament after the verdict was read out, Shami
Chakrabarti, the director of Liberty, the human rights campaign group, said
that today's ruling was "incredibly important" as it established the
principle that any detainee in British custody anywhere in the world was
entitled to the protection of the Human Rights Act.
"Our Law Lords have ensured that there can never be a British
Guantanamo Bay anywhere in the world in the future," said Ms Chakrabarti. "There
can be no British detention facility where the law does not apply."
She accused the Government of trying to pretend that the killing was
the result of rogue behaviour by a few bad apples rather than the result
of systemic failures in planning the aftermath of the war, and of a
secret change in policy to permit soldiers to use torture techniques.
"Individual soldiers and individual officers cannot be scapegoated and
left to carry the can for the failings of our Government," she said.
Colonel Daoud Musa, father of Baha, was said to be very pleased by this
morning’s judgment. On the phone from Basra he told his lawyer, Martyn
Day: "It means that I have not lost hope of getting justice for my son.
"I hope that as a result of this judgment the truth will come out and
that no other family should have to experience what me and my
grandchildren have gone through."
Expert View
The death of Baha Musa in British military custody was a disgraceful
episode for which only one soldier has so far been punished
Michael Evans, Defence Editor
More
Post a comment
Related Links
Comment: two questions remain over Musa murder
Full judgment: law lords on UK military and human rights
Torture: 10 claims against the Army
Mr Day, said: "From talking to not just Colonel Musa but also with some
of our other clients this morning they all feel this decision is a
major step forward in their fight for justice.
"The legal team have done an excellent job in ensuring that the British
Army will now always be held to account for their actions when people
are brought under their power. There will be no difference whether this
happens in Birmingham or Basra.
"Let us hope there is now a speedy agreement by the Ministry of Defence
that a public enquiry should be held into the terrible events of
September 2003. "
Colonel Jorge Mendonca MBE, the highest-ranking soldier in recent
history to face a court martial, was cleared of negligently failing to
prevent his men from mistreating Musa after a five-month trial at Bulford
army camp in Wiltshire.
Five other officers and soliders were also exonerated, but Corporal
Donald Payne, 36, who became Britain's first convicted war criminal when
he admitted a charge of inhuman treatment of civilians at the tribunal,
was dismissed from the army and sentenced to one year in a civilian
jail.
Today's ruling by the law lords however dismissed an appeal by the
families of five other Iraqi civilians killed by British soldiers on
patrol, on the grounds that they were not in detention and therefore not
protected either by UK domestic law or by the European Convention on Human
Rights.
After the ruling, Amnesty International called on the Government to set
up an expert, civilian-led body to take the place of the military
authorities in carrying out independent inquiries into allegations of human
rights violations at the hands of British armed forces personnel.
But Des Browne, the Secretary of State for Defence, said in a statement
afterwards that investigations should be carred out by the military. He
welcomed the ruling which he said provided "helpful clarification of
the precise legal framework under which UK forces operated overseas".
"As the Chief of General Staff has already said, Baha Musa died after
being held in UK custody and was subject to an unlawful conditioning
process," said Mr Browne.
"We have never argued that the treatment of Baha Musa was acceptable or
that his death should not have been investigated.
"Credible allegations of serious wrong-doing have to be, and are,
investigated. Where evidence is independently assessed as justifying a
prosecution, the application of a robust, fair system of military justice
must follow."
He went on: "Since 2003 we have reviewed our practices in relation to
detention, and where necessary made changes. This is a complex judgment,
some 60 pages long, and needs careful consideration. However if further
lessons or action needs to be taken on board as a result of this
judgement we will do so."
She accused the Government of trying to pretend that the killing was
the result of rogue behaviour by a few bad apples rather than the result
of systemic failures in planning the aftermath of the war, and of a
secret change in policy to permit soldiers to use torture techniques.
"Individual soldiers and individual officers cannot be scapegoated and
left to carry the can for the failings of our Government," she said.
Colonel Daoud Musa, father of Baha, was said to be very pleased by this
morning’s judgment. On the phone from Basra he told his lawyer, Martyn
Day: "It means that I have not lost hope of getting justice for my son.
"I hope that as a result of this judgment the truth will come out and
that no other family should have to experience what me and my
grandchildren have gone through."
Expert View
The death of Baha Musa in British military custody was a disgraceful
episode for which only one soldier has so far been punished
Michael Evans, Defence Editor
More
Post a comment
Related Links
Comment: two questions remain over Musa murder
Full judgment: law lords on UK military and human rights
Torture: 10 claims against the Army
Mr Day, said: "From talking to not just Colonel Musa but also with some
of our other clients this morning they all feel this decision is a
major step forward in their fight for justice.
"The legal team have done an excellent job in ensuring that the British
Army will now always be held to account for their actions when people
are brought under their power. There will be no difference whether this
happens in Birmingham or Basra.
"Let us hope there is now a speedy agreement by the Ministry of Defence
that a public enquiry should be held into the terrible events of
September 2003. "
Colonel Jorge Mendonca MBE, the highest-ranking soldier in recent
history to face a court martial, was cleared of negligently failing to
prevent his men from mistreating Musa after a five-month trial at Bulford
army camp in Wiltshire.
Five other officers and soliders were also exonerated, but Corporal
Donald Payne, 36, who became Britain's first convicted war criminal when
he admitted a charge of inhuman treatment of civilians at the tribunal,
was dismissed from the army and sentenced to one year in a civilian
jail.
Today's ruling by the law lords however dismissed an appeal by the
families of five other Iraqi civilians killed by British soldiers on
patrol, on the grounds that they were not in detention and therefore not
protected either by UK domestic law or by the European Convention on Human
Rights.
After the ruling, Amnesty International called on the Government to set
up an expert, civilian-led body to take the place of the military
authorities in carrying out independent inquiries into allegations of human
rights violations at the hands of British armed forces personnel.
But Des Browne, the Secretary of State for Defence, said in a statement
afterwards that investigations should be carred out by the military. He
welcomed the ruling which he said provided "helpful clarification of
the precise legal framework under which UK forces operated overseas".
"As the Chief of General Staff has already said, Baha Musa died after
being held in UK custody and was subject to an unlawful conditioning
process," said Mr Browne.
"We have never argued that the treatment of Baha Musa was acceptable or
that his death should not have been investigated.
"Credible allegations of serious wrong-doing have to be, and are,
investigated. Where evidence is independently assessed as justifying a
prosecution, the application of a robust, fair system of military justice
must follow."
He went on: "Since 2003 we have reviewed our practices in relation to
detention, and where necessary made changes. This is a complex judgment,
some 60 pages long, and needs careful consideration. However if further
lessons or action needs to be taken on board as a result of this
judgement we will do so."
She accused the Government of trying to pretend that the killing was
the result of rogue behaviour by a few bad apples rather than the result
of systemic failures in planning the aftermath of the war, and of a
secret change in policy to permit soldiers to use torture techniques.
"Individual soldiers and individual officers cannot be scapegoated and
left to carry the can for the failings of our Government," she said.
Colonel Daoud Musa, father of Baha, was said to be very pleased by this
morning’s judgment. On the phone from Basra he told his lawyer, Martyn
Day: "It means that I have not lost hope of getting justice for my son.
"I hope that as a result of this judgment the truth will come out and
that no other family should have to experience what me and my
grandchildren have gone through."
Expert View
The death of Baha Musa in British military custody was a disgraceful
episode for which only one soldier has so far been punished
Michael Evans, Defence Editor
More
Post a comment
Related Links
Comment: two questions remain over Musa murder
Full judgment: law lords on UK military and human rights
Torture: 10 claims against the Army
Mr Day, said: "From talking to not just Colonel Musa but also with some
of our other clients this morning they all feel this decision is a
major step forward in their fight for justice.
"The legal team have done an excellent job in ensuring that the British
Army will now always be held to account for their actions when people
are brought under their power. There will be no difference whether this
happens in Birmingham or Basra.
"Let us hope there is now a speedy agreement by the Ministry of Defence
that a public enquiry should be held into the terrible events of
September 2003. "
Colonel Jorge Mendonca MBE, the highest-ranking soldier in recent
history to face a court martial, was cleared of negligently failing to
prevent his men from mistreating Musa after a five-month trial at Bulford
army camp in Wiltshire.
Five other officers and soliders were also exonerated, but Corporal
Donald Payne, 36, who became Britain's first convicted war criminal when
he admitted a charge of inhuman treatment of civilians at the tribunal,
was dismissed from the army and sentenced to one year in a civilian
jail.
Today's ruling by the law lords however dismissed an appeal by the
families of five other Iraqi civilians killed by British soldiers on
patrol, on the grounds that they were not in detention and therefore not
protected either by UK domestic law or by the European Convention on Human
Rights.
After the ruling, Amnesty International called on the Government to set
up an expert, civilian-led body to take the place of the military
authorities in carrying out independent inquiries into allegations of human
rights violations at the hands of British armed forces personnel.
But Des Browne, the Secretary of State for Defence, said in a statement
afterwards that investigations should be carred out by the military. He
welcomed the ruling which he said provided "helpful clarification of
the precise legal framework under which UK forces operated overseas".
"As the Chief of General Staff has already said, Baha Musa died after
being held in UK custody and was subject to an unlawful conditioning
process," said Mr Browne.
"We have never argued that the treatment of Baha Musa was acceptable or
that his death should not have been investigated.
"Credible allegations of serious wrong-doing have to be, and are,
investigated. Where evidence is independently assessed as justifying a
prosecution, the application of a robust, fair system of military justice
must follow."
He went on: "Since 2003 we have reviewed our practices in relation to
detention, and where necessary made changes. This is a complex judgment,
some 60 pages long, and needs careful consideration. However if further
lessons or action needs to be taken on board as a result of this
judgement we will do so."
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