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June 13, 2007
Landmark ruling on torture in UK military custody
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.
The most expensive court martial in British military legal history however failed to find anyone directly responsible for the killing.
The death of Baha Musa in British military custody was a disgraceful episode for which only one soldier has so far been punished
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."
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In respect of Arthur, Newcastle's comment "It's all about the money, not justice, just money" and Aaron, London's agreement with the same, all I can say is I suppose they would feel the same wat if it were their son or father. I suppose it would still be abuot the money(!). Of course, justice and a sense of holding someone responsible, are I suppose foreign concepts whnn it comes to murdering foreigners under the guise of a farcical cowardly despicable military rule subsequent to an unwarranted war waged to secure the west's future oil supplies(!)
TR, Cheltenham,
lets be clear about a few things.
-This was not a man who deserved to have his rights taken away. The man killed was a innocent hotel receptionist. never in trouble with the law...he was beaten for days, hooded, urinated on and left to die on face down in a toilet.
-The ruling doesnt talk of applying HRA accross all of Iraq....just requires that the most fundamental rights be protected in those parts of Iraq where British forces have a lot of control over what they do- this refers to British detention centres.
Zimran, London,
Indeed, in a country that harbours people with no concept of Human Rights I find it quite interesting that those jnjured in this confilct far from British and indeed European shores expect the HRA and the rule thein to be exported to foreign land.
I think the gentlemen is correct-money, simply money, as I doubt very much the same family are or would consider lobbying for the imposition of the HRA into Iraqi law-given that equal treatment, freedom of speech, right to respect for family life and freedom of expression have not featured in any Islamic (non secular) state ever.
Money simly money
Aaron, Londonj,
I find these "bash the Human Rights Act" comments misguided and inappropriate. Baha Musa was not a terrorist criminal nor an illegal alien and he had no opportunity to use any legal remedy to save himself from being beaten to death.
It is appalling that an innocent man such as Baha Musa died from sustained abuse in custody under British jurisdiction. We should at least applaud the Human Rights Act for stopping this disgraceful episode being quietly forgotten. This may yet bring comfort to a family sadly let down by the military legal process.
Mike Doran, Reading, UK
It's all about the money, not justice, just money.
Arthur, Newcastle,
This finding about British army abuse of prisoners along with the American mistreatment of prisoners at Guantanamo and Abu Gharaib will only strenghten the resolve of their enemies in Iraq and the Middle East.
Unfortunately it also puts in stark relief George Bush's pledge to export democracy to the Arab world.Fundamental to the foundations of democracy is respect for human rights and the rule of law
Eddie Keane, Brisbane, Qld., Australia
Human rights on suspects I agree, Human rights should be taken off anyone who kills or takes them off somebody else, all is fair.
Adam Webb, MK, UK
What we now need is protective compensatory legislation for the victims of terrorism and crime.
For example; if a prisoner is released early and goes on to commit a serious crime, those responsible for approving that early release must be held equally accountable.
OR, if an illegal alien who has evaded extradition goes on to commit serious crime, the human rights lawyers involved in the case must also be held equally accountable.
peterj, Edinburgh, UK
"Bad Apples" "rogue elements"? they act in our name, we are all accountable and the goverment must pay, if that is what is the judgement.
The armed services vet them, train them and make them fight, no war crime can be justified in ANY situation, there may be circumstances that make these acts happen but they can never be justified.
If the goverment want to play with the big lads, they face the consequences.
Still far too many donkeys, the poor bloody lions stand no chance.
Ken Wyatt, Todmorden, UK
This government can justify the most shameful acts. I feel sick that they act in my name.
Phil, Epsom, Surrey