Iraq

Baha Mousa's father demands soldiers prosecution

To Download this program click here

British soldiers responsible for the death of an Iraqi father-of-two should face charges ranging from murder to war crimes, a lawyer for the victim's family said today.

A landmark public inquiry concluded last week that Baha Mousa, 26, died after an "appalling episode of serious gratuitous violence" meted out by members of 1st Battalion the Queen's Lancashire Regiment (1QLR).

His family's solicitor, Phil Shiner, announced he was writing to Director of Public Prosecutions Keir Starmer and Director of Service Prosecutions Bruce Houlder to urge them to bring charges against the troops involved.

Mr Mousa's father, Iraqi police colonel Daoud Mousa, backed calls for the authorities to bring prosecutions.

Speaking through an interpreter, he told a press conference in London: "I see justice in this report. I also want to see those responsible for these actions brought to justice."

Mr Shiner, from Birmingham-based Public Interest Lawyers, called for Corporal Donald Payne - who was found by the inquiry to have violently assaulted Mr Mousa in the minutes before he died - to be charged with murder and manslaughter.

Payne became the first member of the British armed forces convicted of a war crime when he pleaded guilty to inhumanely treating civilians at a court martial in 2006, although he was later acquitted of manslaughter.

The long-standing legal principle of "double jeopardy" prevents people being tried twice for the same crime.
But the Criminal Justice Act 2003 introduced exceptions for serious offences, such as murder and manslaughter, when significant new evidence comes to light.

Public inquiry chairman Sir William Gage said a number of British officers who could have stopped the abuse, including 1QLR's former commanding officer Colonel Jorge Mendonca, bore a "heavy responsibility" for the "grave and shameful events".

His report named 19 soldiers who assaulted Mr Mousa and nine other Iraqis detained with him, and found that many others, including several officers, must have known what was happening.

Sir William found that two 1QLR officers - Lieutenant Craig Rodgers and Major Michael Peebles - were aware that the detainees were being subjected to serious assaults by more junior soldiers.

Mr Shiner said prosecutors should consider bringing charges of conspiracy to commit breaches of the Geneva Conventions, namely torture and inhumane treatment, and misconduct in a public office against Col Mendonca and Maj Peebles.

The lawyer called for Lt Rodgers, who commanded the group of soldiers who guarded the prisoners for most of their time at 1QLR's camp, to face charges including torture or humane treatment, and misconduct in a public office.

Seven members of 1QLR, including Col Mendonca, faced allegations relating to the mistreatment of the detainees at a high-profile court martial in 2006-07. The trial ended with them all cleared, apart from Payne.

Defence Secretary Liam Fox last week said Mr Mousa's death was "deplorable, shocking and shameful" and announced he had asked the head of the Army, General Sir Peter Wall, to consider what action can be taken against serving soldiers criticised in the report.

But Mr Shiner questioned whether this was an adequate response.
He said: "To respond to the very damning Baha Mousa inquiry report by again trying to sweep the horror of what happened under the carpet by administrative action internal to the armed forces would be an absolute disgrace."

One of the Iraqi detainees held and abused along with Mr Mousa told the press conference of his ordeal.

Radif Muslim said through an interpreter: "We were tortured for three days. We were put in stress positions without any rest, we were hooded and beaten. We were deprived of food and water, and it was very hot at the time."

"As a result Baha died and I was taken to hospital. I was there for 14 days. As a result of this day, I still suffer from flashbacks, nightmares and psychological issues. To date I am still suffering psychologically.

"I also would like to see those responsible brought to justice."

Hotel receptionist Mr Mousa sustained 93 separate injuries, including fractured ribs and a broken nose, while being held by British forces in Basra, southern Iraq, over 36 hours between September 14 and 15, 2003.

It is understood that 14 of the soldiers criticised in Sir William's report are still serving in the Army, and two have been suspended in the light of the findings.

The Royal Military Police are now conducting a review of the evidence given to the public inquiry.