Baha Mousa ‘suffered appalling violence’
Iraqi hotel worker Baha Mousa died in British Army custody after suffering an “appalling episode of serious gratuitous violence” at the hands of soldiers, a public inquiry has concluded.
Baha Mousa, 26, died after sustaining 93 injuries while in the custody of the 1st Battalion the Queen’s Lancashire Regiment in Basra, Iraq, in 2003.
A major public inquiry into his death and the abuse of nine other Iraqi prisoners by British soldiers is in the process of reporting its findings.
It is understood that a number of soldiers have received letters warning them that the report is critical of their conduct. Seven soldiers have already faced allegations relating to the mistreatment of the detainees at a court martial in 2006-07.
However, the court martial ended with them all cleared, apart from Corporal Donald Payne. He became the first member of the British armed forces to be convicted of a war crime when he pleaded guilty to inhumanely treating civilians. He was acquitted of manslaughter.
‘Conditioning’ methods
The hotel Mr Mousa was working in was raided in Basra in 2003. Soldiers found guns and fake IDs and took Mr Mousa and some of his colleagues into custody.
[Baha Mousa’s death is] a stain on the character of the British Army. General Sir Mike Jackson
The soldiers then subjected the Iraqis to several forms of abuse, including “conditioning” methods banned by the UK government in 1972, such as hooding, sleep deprivation and the use of stress positions, the inquiry heard.
Mr Mousa died on 15 September after spending nearly 24 of his 36 hours in British custody in a hood. His two sons were orphaned when he died as his 22-year-old wife had died of cancer shortly before his detention.
Former army head General Sir Mike Jackson told the inquiry in June last year that Mr Mousa’s death remained “a stain on the character of the British Army”.
Outlawed methods
The inquiry into Mr Mousa’s death and abuse suffered by the other prisoners also heard evidence about why British soldiers used the outlawed methods.
The inquiry opened in July 2009 and sat for 115 days, hearing evidence from 277 witnesses.
We acknowledge that the actions which led to the death of Baha Mousa were shameful and inexcusable. MoD spokesman
Mr Mousa’s family and supporters hope that it could see a ruling that the soldiers killed Mr Mousa and were culpable for failing to prevent violence against the prisoners.
The inquiry chairman Sir William Gage has no power to make a ruling on anyone’s civil or criminal liability – but the law makes clear that other authorities may do so on the basis of his findings. This could see new charges brought against the soldiers.
The lawyers who represent Mr Mousa’s family have separately launched a legal bid to force the government to establish a wider-ranging public inquiry into allegations that more than 100 other Iraqi civilians were abused by UK troops during the 2003-2009 war.
The MoD, which agreed in July 2008 to pay £2.83m in compensation to the families of Mr Mousa and the other Iraqis abused by British soldiers, said: “More than 100,000 service personnel served in Iraq and the vast majority conducted themselves with extraordinary courage, professionalism and decency in very demanding circumstances.
“Nonetheless, we acknowledge that the actions that led to the death of Baha Mousa were shameful and inexcusable. Lessons have been learned and much has been done since 2003 but we look forward to the inquiry’s report and will look carefully at any recommendations they make.”