BAHA MOUSA INQUIRY REPORT PDF

A public inquiry, chaired by the retired Lord Justice of Appeal Sir William Gage, reported on 8 September after three years of. The inquiry’s report is a devastating critique of those immediately responsible for the death of Baha Mousa and the inhumane treatment of the. Medic denies Baha Mousa claims. 11 June Baha Mousa inquiry: soldier’s diary. 8 September Mousa lawyer on inquiry report. 8 September

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The Death of Baha Mousaan account of the events and the subsequent inquiry. Year of birth missing.

He found that there was widespread ignorance of what was permitted in handling prisoners of war and also criticised the absence of any proper MoD doctrine on interrogation. The inquiry into lnquiry death found that Mousa’s death was caused by “factors including lack of food and water, heat, exhaustion, fear, previous injuries and the hooding and stress positions used by British troops – and a final struggle with his guards”.

Army doctor Derek Keilloh struck off”. The BBC reported that the six other soldiers were cleared of any wrongdoing, [10] and the Independent reported that the charges had been dropped, and that the presiding judge, Mr Justice Stuart 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.

His father was an applicant in this case. Decision reached Legal representation: Al Skeini and others v. An unprecedented, two-year public inquiry into the conduct of British soldiers in Iraq is expected to report stinging criticism of senior army officers and their legal advisers, and highlight the failure to pass orders down the chain of command. By continuing to use the site, you agree to the use of cookies.

Lawyers acting for families of Iraqis detained by British troops, however, have since collected fresh material which they claim does point to widespread abuse. Mousa died after 36 hours in detention. On 19 SeptemberCorporal 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.

They argued that the UK authorities had refused to conduct an independent and thorough investigation into the circumstances of the killings. Retrieved 8 September The court martial judge accused the soldiers of closing ranks, a charge Gage might echo.

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Baha Mousa inquiry makes 73 recommendations

During the remitted Divisional Court proceedings, the Government conceded that the Public Inquiry should be established. Basically that’s what was told to us how to handle the situation. Archived from the original on Garry Reader, a private with the former Queen’s Lancashire Regiment at the time, said all the soldiers on duty at the prison were to blame.

At the end of a six-month court martialsix members of the QLR, including the regiment’s commanding officer, Colonel Jorge Mendonca, were cleared of abuse and negligence. Des Browne, then defence secretary, set up a public inquiry inwhen the MoD admitted soldiers had breached the terms of the Human Rights Act.

Seven British soldiers were charged in connection with the case. The interveners made submissions on the practices of states during the occupation of foreign territory that could subvert the rule of law and state accountability and give rise to impunity for grave violations of human rights. Even senior commanders were ignorant of a ban imposed in on the use of five techniques, including stress positions, sleep deprivation and hooding, which were used on Mousa and the other detainees.

He told ITV’s Daybreak: Six were found not guilty. On 14 SeptemberMousa, a year-old hotel receptionistwas arrested along with six other men and taken to a British base. Mousa was brutally beaten by British soldiers at the base and he died of his injuries some thirty-six hours after his detention. The inquiry 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.

Darlington and Stockton Times. Corporal Donald Payne pleaded guilty to inhumane treatment of a prisoner and was jailed for a year and dismissed from the Army. While in detention, Mousa and the other captives were hooded, severely beaten and assaulted by a number of British troops. In December Keilloh was struck off the Medical Register, after the Medical Practitioners Tribunal Service found him guilty of dishonest conduct in subsequent enquiries into Baha Mousa’s death. The cookie settings on this website are set to “allow cookies” to give you the best browsing experience possible.

The case represented a landmark judgment in the universal application of human rights. A seventh, Corporal Donald Payne, who pleaded guilty, was jailed for a year and dismissed from the army.

Some of the other detainees were also severely assaulted. A public inquirychaired by the retired Lord Justice of Appeal Sir William Gage, reported on 8 September after three years of investigation.

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The Baha Mousa case | Redress

Secretary of State for Defence and another Jurisdiction: The Gage inquiry heard that senior officers were unaware of the ban and were confused or ignorant of their obligations under domestic and international law. Williams, professor of law at Warwick University and an adviser to the families’ lawyers, published A Very British Killing: If you continue to use this website without changing your cookie settings or you click “Accept” below then you are consenting to this.

The report called his death an “appalling episode of serious gratuitous violence”. Gage is expected to point to a catalogue of failings that led to the death of year-old Mousa, who was arrested with nine other Iraqis at the Haitham hotel in Basra by soldiers of the 1st Battalion The Queen’s Lancashire Regiment QLR. In the relatives of six Iraqi civilians killed by UK soldiers in brought a case in the United Kingdom against the Secretary of State for Defence.

In October Andrew T. Gage heard evidence that military and civilian officials tried to downplay the significance of Mousa’s death and dissembled when MPs asked about the circumstances surrounding it. A former British soldier, who was serving in Iraq when Mousa was beaten to death, today said: The report by retired appeal court judge Sir William Gage, to be published on Thursday, is unlikely to accuse the army of systematic torture since his terms of reference are limited to the circumstances surrounding Mousa’s death.

Four of the men had been shot by military personnel, one had allegedly been beaten and forced into the Shatt Al-Arab river, where his body was found. Retrieved from ” https: The inquiry’s report into the September death of Baha Mousaa Basra hotel worker, is also understood to include scathing criticism of military reporg officers and of the lack of training and preparation British troops received for the invasion of Iraq and its aftermath.

Mercer said he had iinquiry “massive row” with the commander of the Queens Dragoon Guards about the army’s legal obligations under the Geneva conventions and inquiiry European convention on human rights.