Mchael Evans, Defence Editor
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The Ministry of Defence faces a series of huge compensation claims for alleged abuse by troops in Iraq after agreeing a settlement of £2.8 million over the death of a civilian in custody.
Lawyers acting for the father of Baha Musa, a 26-year-old Iraqi hotel receptionist who died after suffering 93 injuries at a detention centre in Basra in 2003, said that the deal would “give confidence” to others to come forward with mistreatment claims.
These include ten Iraqis who were allegedly abused and photographed in humiliating positions by British troops in 2003. They have already launched proceedings for compensation. Four soldiers from the 1st Battalion The Royal Regiment of Fusiliers were convicted of abusing the looters. Lawyers are also preparing claims for nine Iraqis who allege that they were mistreated by British troops at Majar al-Kabir, near al-Amarah, after being taken prisoner following a fierce gun battle. The allegations have been dismissed by the Army.
The family of Mr Musa will take the bulk of the £2.8 million, with the rest going to eight other Iraqis who were detained at the same time. Neither the men’s lawyers nor the MoD would give details of the breakdown. The cost of the settlement will have to be met by the MoD out of the £34 billion defence budget.
The Iraqis were arrested by a patrol of The Queen’s Lancashire Regiment and suffered ill-treatment over 36 hours after being taken to the detention centre for questioning.
Last night Mr Musa’s father, who fought to find out what happened, said: “Nothing will ever compensate for the loss of my son, but at last after five years I feel this dark cloud over our family has now been lifted.”
Daoud Musa was a colonel in the Iraqi police force when his son died. He sought compensation to help to pay for the upbringing of his grand- children. Baha Musa’s death came months after his wife died of a tumour. Colonel Musa is also bringing up his brother’s four children.
Martyn Day, the solicitor involved in negotiating the settlement with the MoD, said that he was satisfied. The mediation process was overseen by Lord Woolf, the former Lord Chief Justice. During the procedure, Lieutenant-General Sir Freddie Viggers, the Adjutant-General who is in charge of army personnel, apologised “for the appalling treatment” suffered at the hands of the British Army.
The five-year battle for compensation followed a number of crucial stages in which the MoD accepted liability. In March it admitted “substantive breaches” of parts of the European Convention on Human Rights.
Colonel Musa, who is expected to return to Iraq next week, accepted that the settlement was fair. During the mediation process he was highly critical that only one soldier, Corporal Donald Payne, of The Queen’s Lancashire Regiment, had been convicted of a charge relating to his son’s death.
Payne, who was dismissed from the Army, pleaded guilty to inhumanely treating prisoners but was acquitted of the manslaughter of Mr Musa. Six other soldiers were acquitted of all charges linked to the case.
Colonel Musa claimed he had been treated shoddily by the Government after it took a month for him to be allowed into Britain so that the mediation could go ahead. A public inquiry is to be held into the circumstances leading to Mr Musa’s death. A judge has yet to be selected, but the inquiry is expected to start in a few months.
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I don't think soldier should bash civilians but having said most other armies would have shot looters.
I don't know/remember wether this guy was looter or suspected of same.
Bottom line is: WHAT THE HELL ARE WE DOING IN IRAQ?
If the late and unlamented Sadam had WMDs he would have them!
MikeG, Riseley, UK
The fact that the MoD have such a high budget for things like this should indicate how much of a problem it really is. To hear that the british soldiers that have been sent out there to protect the people of Iraq are using the same techniques that we are against is awful but really, what can you do?
Lucy, Surrey,
Are any of the above comments referring to the behaviour of British Forces made by people who have been in that situation themselves? If not I question your ability to comment. This was war, it has always bought out the best and worst in people, when you've been there feel free to comment.
A Dobson, worcestershire, UK
Where all of you torture victim advocates miss the point: Hussein was the greatest murderer-torturer of Iraqis. His sons made torture sport, even on football players who lost! The illegal War started in Kuwait, remember, 1991? Are you ready for a nuclear Iran, it will be Our phone that rings...
Travis Bickle, Port Jefferson, USA
The soldiers who are alleged to have committed these atrocities should be tried in a civil court not by Court Martial
john stephens, london, England
Soldiers have a choice about whether to go to war. Innocent civilians in their own country don't have a choice about whether they are tortured.This means "our trooops" consent to the risk of being blown to bits. Any sympathy should be chanelled as political anger towrds the politicians who sent them
Paul, London,
The claims from people who were shooting or looting are a totally different ballgame- those types turned Iraq into chaos and were hardly innocent. But this abuse and the abuses to our troops deserve compensation- let's not lose our core values. Our troops deserve better conditions, too.
G Davidson, Kashiwa, Japan
It absolutely amazes me that anybody can think that these people should not get compensation, if compensation is the right word for what happened to them. The troops that did this were murdererers and MUST be held accountable. There are rules and standards of conduct even in illegal wars.
John, Oslo, Norway
Not only has the crass invasion brought devastation for 100,000's of innocent Iraqi's; needless deaths & injury to our brave troops but it has also severely damaged the reputation of our armed forces. This incompetent government must stop pandering to the USA!
James, Winchester, UK
I had always thought that the British Army was forceful but respectful of human dignity. It is a pity to learn that British soldiers are using methods which are associated with terrorists. There is no excuse. After all, they are not REALLY defending their country as we are made to believe.
Christina, Athens, Greece
what about soldiers injured in the line of duty??? do they get this too???
zhang san feng, Hong Kong, china
We sent our lads to fight alongside professional torturers, who had immunity (and 5 years later still do), no wonder they robbed and beat up and sometimes killed the people they were 'protecting'. Meanwhile, the immensely cynical politicos who set up this disaster walk free and it is journalists who pay with their jobs for exposing this stuff.
Andy Dyer, London, UK,
Not only the Soldiers killed during the conflict, but perhaps you forget the innocents Murdered
Kenneth Bigley 62 from Liverpool.. kidnapped and murdered
Margaret Hassan.. who dedicated her life to helping the Iraqi people ... kidnapped and murdered, to name two... What about their families?
JAJ, Lincs, UK
Can someone send Lord Woolf and his fellow traveller, Martyn Day, over to Iraq to obtain compensation for our British dead?
David, Poole,
Iraqi Govt. faced with a billion pound compensation for the murder of British troops and the senseless slaughter of Army Redcaps.
kirk, Rotherham, UK
JNS, Bombay...don't need lessons from you mate. Black Hole of Calcutta, division of Pakistan / India...ring a bell???
kirk, Rohtherham, UK
Absolutely appalling, the rates of compensation should be the same for Iraquis and British. And what about suing the Iraqi government for allowing non-government and government personnel to blow up British troops and to kidnap British citizens as hostages.
helen, Norwich,
Let's hope that our soldiers can now SUE the MOD and the Government.
First, for the breaking of the military covenant in being sent to war with inadequate equipment.
Secondly, for the totally inadequate compensation paid out to injured servicemen.
Three, for aidng and abetting the enemy.
Steve jones, Bromley, UK
Looters normally are shot on site. In this regard the looters claiming compensation are very lucky. However we must not condone torture and the people involved should be thrown out of the service they joined to serve. An ex Para
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Podrieg, Dublin, Ireland
British soldiers are living up to the legacy of their forebears. Amritsar massacre: killing innocents in India in 1919, burning ear drums of Mau-Mau freedom fighters in Kenya in the 1960s with cigarettes and now this. Do the British get pleasure from killing unarmed men, children and pregnant women
JNS, Bombay, INDIA
About time the MOD got it's priorities right and put it's wounded soldiers first.
Simon Marshland, Bath, UK
The racism displayed in many of these comments is appalling: Iraqis deserve being tortured and killed by brave British soldiers because they are Iraqis. The same attitude allowed 'brave German soldiers' to torture and kill millions of Jews and Eastern Europeans without a second thought.
Mike, London,
I agree we should pay for our sins. However why is an Iraqui worth so much more than a British soldier???? Oh, sorry, I know, Des says he ain't worth anything, and as Defence Secretary he should know, and of course UK troops don't have human rights, do they, Des?
Matt, London, UK
I can see the need for (what should be local currency based compensation), if something wrong was done. But what about compensation for all the British people who have been wounded or killed over there by Iraqis? Where is their compensation from those who funded terrorism? I see a double standard.
G Davidson, Kashiwa, Japan
Complaining about £3 million? How many £billions we waste invading a country that couldn't threaten us, leaving us with at least 1/2 of our servicemen wanting to leave the forces? More importantly, how many £billions if not £trillions will we get in preferential oil contracts? Perspective please.
Farrukh, Woking,
Maybe we shouldn't invade foreign countries that we have no business in and ruin civilian's lives then?
Howard, Manchester,
Surely it isn't the MOD which faces a huge bill. As ever it is the long suffering tax payer who will have to pick up the tab for the government's folly.
Ubi, Edinburgh, UK
Some comments i have read are very upsetting. Baha musa was not a soldier or terrorist. Regarding the compensation. Baha musa was a dad, son, and until a few months earlier a husband. What have Baha musa's beautiful innocent children done to the disgusting men who did this.
debbie, Tilbury, Essex
What a load of rubbish, after reading the article it is just ridiculous
that the soldiers are being charged. One claim from looters ruffed up, another case il treatment after fierce gun battle. How many of the soldiers were killed or injured. The fault lies with Blair and Straw they introduced ECHR
Barry Holmes, Christchurch, New Zealand
We were/are there illegally and our undisciplined soldiery brutalised the population and pretended it was peacekeeping. Big joke. Now it's payback time. You can't go round invading countries on a pretext, destroying everything in sight, killing wantonly - and then expect gratitude - from anyone.
C Smith, Norwich, UK
Yes, in a war people do die. But this does not give our soldiers the right to unnecessarily brutalize and torture the enemy. It is one thing to kill the enemy during combat it is another one to inflict 93 wounds outside of the combat zone.
legrand, Surrey,
Want to save Money? don't invade other countries. that will save you the money, oh and you won't ger refugess either.
Zappy Corleone, Berks/Baghdad, U.K./Iraq
Labour has made yet another BIG mistake and it will mean more future tax rises to enable all claims to be met.
This illegal war cannot be justified
steve tea, manchester, cheshire
Can we, the others, claim compensation from the Iraqis for all our dead ?
Could I have an answer from an Iraqi please? Of course I am sorry for any death, specilly of parents.
Thanks in adavnce.
E.Bee, Toulouse, France.
The on-going disgrace is that the thugs who did the bulk of this work got away with it and their officers are presumably still considered suitable for command in the British Army.
JohnM, Kyle,
This sets a very dangerous precedent. How could the British govt absorb all losses and damages inflicted on Iraq and its people caused by the British troops? In a war, innocent people die. Is there a difference between death by torture or death caused by the artillary weapons of the British troops.
Charles, Hong Kong,
It is unfortunate the British Army got involved in a unwarranted war. There were no WMDs at the end of the day. There was no Al Qaeda in Iraq and Sadam would never have allowed it.
I can understand ill treatement by the American Army but you would not expect that from the desciplined British Army
Mahesh, Chennai, India
A soldier is someone who has undertaken to work in a conflict zone, knowing the risks. The dead Iraqi was a civilian receptionist, murdered by an invading force. Your responses to the compensation given to his family are offensive and racist.
Dan Davison, Oxford, UK
When you next sit in a coffee house on a great, warm summer morning, think of this: how would you feel to watch your mother die horribly, your father blown apart, your sister murdered and your brother tortured and then you get some idea how British soldiers feel when their closest friends are killed
B G Lawson, London SW1, England
Thankfully the British Judiciary and media are now compensating and reporting for and on these types of outrages, as for over 30 years they failed to do so in N. Ireland.
Mel, Craigavon,
I really must object. The MOD pays nothing the British Taxpayer as usual foots the bill!
Mike O Connor, Plymouth,
I think the British people should be thankful they live in a country where such abuses by the forces are publicly aired and trails held. It won't be much compensation for Mr Musa but those throwing stones from other nations should consider if such a trial would be held in their own country.
DW, Beijing, China
So 50% of our forces want to quit and do you blame them?
Where would we be without an army?
Compensation in war to the enemy?
How about Blair and co pay then out of their own pocket for this illegal war and not the taxpayer?
You're digging a big hole and treating your servicemen with contempt?
Mark, London, England
Everyone calm down. These innocent people were murdered by British soldiers who were too weak to keep their cool under the pressure of war. They are getting a huge payout because the Army and Government is terrified of the negative publicity of murder charges. They were not terrorists or criminals
Alastair, London,
cromwell has a point. who gives a damn about our soldiers? certainly not the mod and even less the government (can anyone see gordon brown in the front line?).
this is so twisted; credibility has to start with the GOOD treatment of OUR personnel. do they have any human rights when they get shot at?
grindles, london, england
When you lose the battle for heart and minds, you're essentially fighting the entire population. Something of a mystery how Brits acquired the "English gentleman" reputation. Probably by getting others to do their dirty work. Expect compensation limits to be placed, because this could bankrupt Britain.
Andrew Milner, Karuizawa, Japan
why are we all assuiming the victim is the "enemy" and a "terrorist"
what did he do wrong to you or the soldiers?
tom, leeds, uk
Isnt this a war? Since when did we start compensating the enemy?
Peter Davis, Huddersfield,
Face it, were it not for media attention this would have been swept under the carpet. I suppose compensation is still a progressive step but when you consider the atrocities of Abu Ghraib, torture in this war by both sides is not an aberration of military code but rather more common than you think.
Stephen Manick, Trinidad,
Do those soldier who abuse the victims punished?
lee, Taichung, Taiwan
How much did the lawyers get?
Patrick, Harrogate, UK
It is proberly appropriate that such people are awarded recompense for their experiences but should not those awards be in-line with local conditions rather than British. There is something extremely disruptive in such assessments. An injection of such un-heard of largesse is inappropriate.
Malcolm Turner, Alsager, England
You get the army you deserve.
Pay more - get better people (or less frustrated ones)
leila , manchester, uk
This beggars belief when you see the paltry sums offered to our servicemen blown to bits by "innocent Iraqis".
The law firm involved found greater rewards looking for Iraqi claimants rather than taking up the labour party & MOD injustices to our own troops.
No wonder half of them want to quit.
Tom, Funchal, Portugal