Thursday 8 September 2011

Baha Mousa inquiry: Iraqi detainee report due


The background to the Baha Mousa inquiry
A report into the death of an Iraqi in British army custody is to be published after a year-long inquiry.
Baha Mousa died with 93 injuries in custody in Basra in 2003. His relatives claim he was beaten to death by troops.
Sir William Gage, who heard evidence from 348 witnesses, will present his report later.
A leak last month suggested the Army would be cleared of systematic torture. The Ministry of Defence said it would consider any recommendations carefully.
Mr Mousa was arrested, along with nine other Iraqis, at the Haitham Hotel in Basra on 14 September 2003 by members of the 1st Battalion The Queen's Lancashire Regiment.
Rifles, bayonets and suspected bomb-making equipment were found at the scene. Mr Mousa was held at a temporary detention centre with the other civilians, under suspicion of being an insurgent.
The father-of-two died two days after his arrest.
In April 2007, a six-month court martial - the most expensive in British history - was held after an initial Royal Military Police investigation into the mistreatment of detainees, including Mr Mousa.

TIMELINE OF KEY EVENTS

  • 14 Sep 2003 - Baha Mousa and nine other Iraqis arrested at Haitham Hotel in Basra by members of the 1st Battalion The Queen's Lancashire Regiment
  • 16 Sep 2003 - Mr Mousa dies in British army custody in Iraq with multiple injuries
  • 30 April 2007 - Cpl Donald Payne jailed for a year and dismissed from the Army for inhumanely treating civilian detainees
  • 27 March 2008 - MoD admits breaching the human rights of Mr Mousa and others
  • 14 May 2008 - Defence Secretary Des Browne announces public inquiry to be held into Mr Mousa's death
  • 10 July 2008 - MoD agrees to pay £2.83m compensation to mistreated detainees
  • 13 July 2009 - Public inquiry begins in London
  • 8 September 2011 - Inquiry head Sir William Gage presents his report
One member of the QLR, which now forms part of the Duke of Lancaster's Regiment, admitted inhumane treatment. Cpl Donald Payne was jailed for a year and dismissed from the Army.
In 2008, then Defence Secretary Des Browne announced a public inquiry and retired Court of Appeal Judge Sir William Gage began hearing evidence in July 2009.
Among the evidence being examined was the "conditioning" methods used by British soldiers on Iraqi prisoners, such as hooding, sleep deprivation and making them stand in painful stress positions.
The Sunday Telegraph reported in August that Sir William will criticise the chain of command at the Basra base.
In response to the Telegraph's report, the MoD said more than 100,000 service personnel served in Iraq and the vast majority conducted themselves with "extraordinary courage, professionalism and decency in very demanding circumstances".
Baha Mousa after death Baha Mousa's body was found to have 93 injuries
But the actions that led to the death of Mr Mousa were "shameful and inexcusable", it added.
Phil Shiner, a lawyer acting for Iraqi detainees, told the BBC many questions remain unanswered.
"There are important issues of individual criminal behaviour which have never been dealt with.
"A lot of people were involved who really ought to be extremely worried this morning as that report is released because they know what they've done," he said.
General Sir Michael Jackson, the head of the Army at the time of Baha Mousa's death, told the BBC the due process of law did take place, but said the results "did not get to the bottom of it", and he hoped Sir William Gage's inquiry would.
But he said he "firmly believed" that the "appalling" acts which led to the death of Baha Mousa were an isolated case.
"I do not believe this is representative of the Army, indeed the Army as a whole was very ashamed of this.
"To have somebody in custody for 48 hours, at the end of which the poor man is dead through multiple wounds, is simply criminal behaviour.
"It doesn't need special instructions, soldiers understand they must operate within the law, and it is the duty of the Army to operate within the law," he said.

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