The Other Side of the “al-Mahdi deal”

It has been recently reported in a number of news sources that the British army struck a deal with the

al-Mahdi militia in Basra in an attempt to secure greater security there, which involved the release of al-Mahdi prisoners and a withdrawal from the centre of the city by British troops. Whilst regrets are now being expressed about such a deal, what cannot be forgotten is the treatment of Ahmed Al-Fartoosi, reportedly involved in this deal, and other Iraqi detainees in British army custody in Basra.

In The Times article “Secret deal kept British Army out of battle for Basra” on 5 August 2008 it was stated that the deal was intended “to encourage the Shia movement back into the political process and marginalise extremist factions”. In the Independent on Sunday on 3 August 2008, Colonel Richard Iron states “Last autumn we made a mistake which was understandable but not excusable. A Shia prisoner, Ahmed al-Fartusi, said he could put a stop to the killings. We released 120 of their prisoners and withdrew out of town, but when we moved out, lawlessness took over.” Questions must be asked whether the lawlessness extended to the British Army’s own treatment of detainees, including Ahmed Al-Fartoosi.

The use of coercive interrogation techniques which lead to the death of Baha Mousa and the abuse of those detained with him is by now well-known and is the subject of a Public Inquiry chaired by the Right Honourable Sir William Gage. The Secretary of State for Defence called for an inquiry on 14 May 2008 following pressure exerted by Public Interest Lawyers after the House of Lords judgment in Al-Skeini (2007). But the case of Baha Mousa is not an isolated one. Amongst a number of other cases, Ahmed Al-Fartoosi alleges that he was subjected to systematic deprivation of sleep whilst being kept in solitary confinement for five months and was repeatedly beaten, subjected to stress positions and deprived of food and water during the initial period of his detainment. Sexual humiliation, already seen in a large number of cases, was employed by forcing him to listen to pornographic videos throughout the night, every night, for a month during his prolonged period in solitary confinement.

Ahmed Al-Fartoosi, instructing Public Interest Lawyers, seeks the Ministry of Defence’s acknowledgment that his rights under the European Convention on Human Rights were breached and that compensation is therefore due to him for the mistreatment he suffered whilst in custody. Mistreatment highlighted again this week by the News of the World on 3 August 2008 in its article “Squaddies ordered to torture prisoners”, which raises further serious questions regarding the instruction and authorisation of hooding and other techniques in Iraq, and contains further allegations of deaths in custody.

Phil Shiner said today: “The decision to withdraw from central Basra is now being characterised as a ‘mistake’ by many. However, it appears that far more fundamental mistakes were made, at all levels of the armed forces and government, regarding treatment of detainees and the authorisation of coercive interrogation techniques. The use of sensory bombardment and, in particular, the pornographic films to attempt to break down Ahmed Al-Fartoosi demonstrates yet again that the UK were employing techniques with a strong historical precedent in British army operations, refined in the 1960s and 1970s in Northern Ireland, and then tailored to the 'war on terror' by British and American forces in Iraq and at Guantanamo Bay."

Public Interest Lawyers was established in 1999. Since its formation the practice has taken on some of the most significant public law cases of recent times. The practice focuses on the following domestic areas: Public, Human Rights, Environmental, Planning and Urban Regeneration Law. Internationally, we practise Public, Human Rights, Humanitarian and Environmental Law.

For more information, see the website at www.publicinterestlawyers.co.uk or contact Brian Brazier on 0121 515 5069.