Baha Mousa soldiers should be brought to justice, says father

Lawyers have called for British troops responsible for the ‘violent assault’ to be charged with murder and other crimes British troops who contributed to the death of Baha Mousa should be brought to justice, his father has said, while lawyers acting for his and other victims’ families have called for the soldiers responsible to face charges of murder, war crimes offences and misconduct in public office. The call for prosecutions follows publication last week of a damning report on the fate of Mousa, 26, an Iraqi who had been arrested in Basra shortly after the invasion in 2003. The public inquiry concluded that there had been an “appalling episode of serious gratuitous violence” meted out by members of the 1st Battalion the Queen’s Lancashire Regiment (1QLR). Mousa’s father, Colonel Daoud Mousa, speaking through an interpreter, said that he would like to see those responsible brought to justice to “show the truth”. He added: “My son died as a result of torture at the hands of British armed forces in Iraq. I saw my son after he passed away. He had a bloody nose and bruised body. There were numerous impact marks on his body as a result of torture. It caused me a great deal of pain and I had a mild stroke as a result.” The family’s solicitor, Phil Shiner, announced he would be writing to the director of public prosecutions, Keir Starmer, and the director of service prosecutions, Bruce Houlder, to urge them to bring charges against the troops involved. Shiner, from Public Interest Lawyers based in Birmingham, called for Corporal Donald Payne, who was found by the inquiry to have violently assaulted 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. The inquiry’s 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 Mousa and nine other Iraqis detained with him, and found that many others, including several officers, must have known what was happening. Gage 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. 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 Mendonca and Peebles. Seven members of 1QLR, including 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. The defence secretary, Liam Fox, last week said 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 Shiner 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 Mousa told the press conference of his ordeal. Radeef 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.” Fourteen of the soldiers criticised in Gage’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. Baha Mousa Iraq Middle East Military War crimes Owen Bowcott guardian.co.uk

Posted by on September 13, 2011. Filed under News, Politics, World News. You can follow any responses to this entry through the RSS 2.0. You can skip to the end and leave a response. Pinging is currently not allowed.