Baha Mousa

Baha Mousa was an Iraqi civilian who died whilst in British custody in Basra during September 2003.

On 14 September 2003 Baha, a 26 year old hotel receptionist, was arrested along with six other men and taken to a British base. Whilst in detention it is claimed that Baha and the other captives were hooded and severely assaulted by a number of British troops. Two days later Baha was found dead [cite web | url=http://www.counterpunch.org/fisk12152004.html | title=Who Killed Baha Mousa? | author=Robert Fisk | date=December 15, 2004 | work=The Independent | accessdate=2006-09-23 ] . A post-mortem examination found that Baha suffered multiple injuries (at least ninety-three), including fractured ribs and a broken nose, which were 'in part' the cause of his death [cite web | url=http://news.bbc.co.uk/1/hi/uk/5360432.stm | title=British soldier admits war crime | work=BBC News | date=19 September 2006 | accessdate=2006-09-23 ] .

Currently, seven members of the Duke of Lancaster regiment are on trial accused of several charges relating to the ill treatment of detainees, including those of war crimes under the International Criminal Court Act 2001. On September 19, 2006, Corporal Donald Payne plead 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 [cite web | url=http://www.timesonline.co.uk/article/0,,3-2365393,00.html | title=British soldier is first to admit war crime | author=Devika Bhat | coauthors=Jenny Booth | date=September 19 2006 | work=Times Online | accessdate=2006-09-23 ] . He was subsequently jailed for one year and expelled from the army. Six other soldiers were cleared of any wrongdoing [ cite web | url=http://news.bbc.co.uk/1/hi/uk/6609237.stm | title=UK soldier jailed over Iraq abuse | work=BBC News | date=30 April 2007 | accessdate=2007-04-30 ] . The presiding judge, Mr Justice 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." [ cite web | url=http://news.independent.co.uk/uk/legal/article2666413.ece | title=A bloody epitaph to Blair's war | work=Independent on Sunday | date=17 June 2007 | accessdate=2007-06-18 ]

On 27 March 2008, the British Defence Secretary, Des Browne, admitted to "substantial breaches" of the European Convention of Human Rights over the killing of Baha Mousa. [ [http://www.belfasttelegraph.co.uk/news/local-national/article3558901.ece "MoD admits human rights breaches over death of tortured Iraqi civilian", Belfast Telegraph, 28 March 2008] ] 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. [cite web |url=http://news.bbc.co.uk/2/hi/uk_news/7500204.stm |title=Iraqis to get £3m in MoD damages |work=BBC News |date=2008-07-10 |accessdate=2008-07-10]

Court rulings based on this case

#Col 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 [http://news.bbc.co.uk/1/hi/uk/6360261.stm]

[http://news.bbc.co.uk/1/hi/uk/6360845.stm| BBC Timeline of the case]

References

External links

* [http://news.bbc.co.uk/1/hi/uk/3931023.stm UK Troops beat Iraqi to death] BBC News
* [http://www.robert-fisk.com/articles439.htm Who killed Baha Mousa?] Robert Fisk