- Death of Baha Mousa
-
Baha Mousa was an Iraqi man who was kicked and beaten to death while in British Army custody in Basra, Iraq in September 2003. The inquiry into his death heard that Mousa was hooded for almost 24 hours during his 36 hours of custody by the 1st Battalion of the Queen's Lancashire Regiment and that he suffered at least 93 injuries prior to his death.[1][2][3]
Contents
Death
On 14 September 2003, Mousa, a 26-year-old hotel receptionist, was arrested along with six other men and taken to a British base. While in detention, Mousa and the other captives were hooded, severely beaten and assaulted by a number of British troops. Two days later Mousa was found dead.[4] A post-mortem examination found that Mousa suffered multiple injuries (at least 93), including fractured ribs and a broken nose, which were "in part" the cause of his death.[5]
Investigation
Seven members of the Queen's Lancashire Regiment were tried on charges relating to the ill treatment of detainees, including those of war crimes under the International Criminal Court Act 2001. On 19 September 2006, Corporal Donald Payne pleaded guilty to a charge of inhumane treatment to persons, making him the first member of the British armed forces to plead guilty to a war crime.[6] He was subsequently jailed for one year and expelled from the army. The BBC reported that the six other soldiers were cleared of any wrongdoing,[7] and the Independent reported that the charges had been dropped, and that the presiding judge, Justice Ronald McKinnon, stated that "none of those soldiers has been charged with any offence, simply because there is no evidence against them as a result of a more or less obvious closing of ranks."[8]
Court rulings based on this case[9]
- Colonel Jorge Mendonca – cleared of negligently performing a duty
- Sgt Kelvin Stacey – cleared of common assault
- L/Cpl Wayne Crowcroft – cleared of inhumane treatment
- Pte Darren Fallon – cleared of inhumane treatment
- Cpl Donald Payne – admitted inhumane treatment, cleared of manslaughter and perverting the course of justice
- Warrant Officer Mark Davies – charged with negligently performing a duty
- Maj Michael Peebles – charged with negligently performing a duty[10]
Breach of human rights
On 27 March 2008, British Defence Secretary Des Browne admitted to "substantial breaches" of the European Convention of Human Rights over the death of Baha Mousa.[11] In July 2008 the Ministry of Defence agreed to pay £2.83 million in compensation to the family of Baha Mousa and nine other men, following an admission of "substantive breaches" of articles 2 and 3 (right to life and prohibition of torture) of the European Convention on Human Rights by the British Army.[12]
Public inquiry
A public inquiry, chaired by the retired Lord Justice of Appeal Sir William Gage, reported on 8 September 2011 after three years of investigation.[13] The report concluded British soldiers had subjected detainees to "serious, gratuitous violence".[14] Army training manuals failed to explain that the five interrogation techniques used had been banned by the British since 1972, and were also illegal under the Geneva Convention.[15]
The inquiry again cleared Mendonca of knowledge of the attacks, but found that as commanding officer he should have known of them.[16] Although the Queen's Lancashire Regiment were cleared of an "entrenched culture of violence", the inquiry found the violence used in the Baha Mousa case was not a lone example, and identified 19 soldiers directly involved in the abuses, including those already unsuccessfully tried at previous Courts Martial.[14] Lawyers for families of the victims suggested there was sufficient evidence for fresh prosecutions in the civilian courts.
References
- ^ "Baha Mousa hooding inhumane, says ex-army chief". BBC News. 2010-06-07. http://www.bbc.co.uk/news/10251780.
- ^ "Baha Mousa public inquiry to examine allegations of torture in British custody". The Daily Telegraph (London). 2009-07-13. http://www.telegraph.co.uk/news/newstopics/politics/defence/5815301/Baha-Mousa-public-inquiry-to-examine-allegations-of-torture-in-British-custody.html.
- ^ Bowcott, Owen; Richard Norton-Taylor (2009-09-12). "Inquiry into Iraqi civilian's death to hear of plot to keep ministers in dark over interrogation methods". The Guardian (London). http://www.guardian.co.uk/uk/2009/jul/12/baha-mousa-public-inquiry. Retrieved 2009-07-14.
- ^ Robert Fisk (15 December 2004). "Who Killed Baha Mousa?". The Independent. http://www.counterpunch.org/fisk12152004.html. Retrieved 2006-09-23.
- ^ "British soldier admits war crime". BBC News. 19 September 2006. http://news.bbc.co.uk/1/hi/uk/5360432.stm. Retrieved 2006-09-23.
- ^ Devika Bhat; Jenny Booth (September 19, 2006). "British soldier is first to admit war crime". Times Online (London). http://www.timesonline.co.uk/article/0,,3-2365393,00.html. Retrieved 2006-09-23.
- ^ "UK soldier jailed over Iraq abuse". BBC News. 30 April 2007. http://news.bbc.co.uk/1/hi/uk/6609237.stm. Retrieved 2007-04-30.
- ^ "A bloody epitaph to Blair's war". Independent on Sunday (London). 17 June 2007. http://news.independent.co.uk/uk/legal/article2666413.ece. Retrieved 2007-06-18.
- ^ "Timeline: Iraqi abuse trial". BBC News. http://news.bbc.co.uk/2/hi/uk_news/6360845.stm. Retrieved 8 September 2011.
- ^ "UK soldiers cleared of Iraq abuse". BBC News. 2007-02-14. http://news.bbc.co.uk/1/hi/uk/6360261.stm. Retrieved 2010-04-26.
- ^ MoD admits human rights breaches over death of tortured Iraqi civilian, Belfast Telegraph, 28 March 2008
- ^ "Iraqis to get £3m in MoD damages". BBC News. 2008-07-10. http://news.bbc.co.uk/2/hi/uk_news/7500204.stm. Retrieved 2008-07-10.
- ^ Baha Mousa inquiry makes 73 recommendations The Guardian, 8 September 2011
- ^ a b Baha Mousa inquiry: MoD's guilt for death of Army's Iraqi prisoner The Telegraph, 8 September 2011
- ^ Deplorable, shocking, shameful: Fox's verdict on troops who beat Iraqi as he vows to end 'conspiracy of silence' Daily Mail, 8 September 2011
- ^ British army suspends more soldiers following Baha Mousa inquiry The Journal, 9 September 2011
External links
- Soldiers viewed all Iraqis as 'scum', Baha Mousa inquiry hears The Guardian, 27 April 2010
- UK Troops beat Iraqi to death BBC News
- The Baha Mousa Public Inquiry
Media
Controversies surrounding people captured during the War on Terror Guantanamo Bay
detention campSuicide attempts · Qur'an desecration controversy · Boycott of military tribunals · Former captives alleged to have (re)joined insurgency · Hunger strikes · Force feeding · Homicide accusations · Juvenile prisoner
CIA black site operations Prison and detainee abuse Abu Ghraib · Bagram · Canadian Afghan detainee issue · Black jail · Salt Pit
Prison uprisings
and escapesDeaths in custody Dilawar · Jamal Nasser · Abdul Wahid · Habibullah · Abed Hamed Mowhoush · Manadel al-Jamadi · Nagem Hatab · Baha Mousa · Fashad Mohamed · Muhammad Zaidan · Gul Rahman · Abdul Wali
Tortured Abu Zubaydah · Mohamedou Ould Slahi · Mohammed al-Qahtani · Khalid Sheikh Mohammed · Abdul Jabar · Abd al-Rahim al-Nashiri · Binyam Mohamed
Forced disappearances Ibn al-Shaykh al-Libi · Abdu Ali al Haji Sharqawi · Muhammed al-Darbi · Mohammed Omar Abdel-Rahman · Yassir al-Jazeeri · Tariq Mahmood · Hassan Ghul · Musaad Aruchi · Hiwa Abdul Rahman RashulReports and legislation Related media Categories:- 1970s births
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