Public Inquiry and Court-Martial of the Former CO 1 QLR and Members of the Battlegroup HQ
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Soldiers who hand prisoners to US could face legal action, MPs warned
British troops who hand over prisoners in
Iraq to US military personnel could find themselves facing prosecution,
according to a legal opinion compiled for parliament. The finding has
led to calls for the British government to rethink its current policy
and investigate how the US treats its prisoners, and whether torture is
employed against them. ...............................[Guardian, 29 September 2008]
Iraqi torture victims slam UK 'contempt'
Iraqi civilians who were tortured by
British soldiers say the government is treating them with 'contempt'
ahead of a potential multi-million-pound payout for the abuse they
suffered. The eight Iraqis arrived in London yesterday for this week's
long-awaited mediation into how much compensation the government is
willing to pay to civilians who were tortured while held in British
custody. The eight accused the Ministry of Defence last night of trying
to block them from attending the high-profile meeting.
...............................[Guardian, 6 Jul]
MoD to pay compensation for death of Iraqi prisoner Baha Mousa
The Ministry of Defence has admitted it
breached the human rights of an Iraqi hotel worker who died in British
custody, and agreed to pay compensation which could reach £1
million. ...............................[Telegraph, 28 Mar]
The Aitken Report
An
investigation into cases of deliberate abuse
and unlawful killing in Iraq in 2003 and 2004. It focuses solely on
those instances where members of the British Army are alleged or proven
to have mistreated Iraqi civilians outside the context of immediate
combat operations. It seeks to explain what happened in each case, and
to describe the context in which they occurred; but its principal
purpose is to detail the measures the Army has taken to ensure (as far
as possible) that they are not repeated. It makes deductions based on
evidence from official reports, court judgments and interviews. Because
inquiries are not yet complete into all the cases with which this
report is concerned, it also recommends other areas that will need to
be addressed by further work. Read it on-line here.
See also: [Independent, 26 January 2008] ..............................
UK Army In Iraq: Time To Come Clean On Civilian Torture
The
analysis by REDRESS, the NGO organisation seeking reparation for
torture survivors, has published its report into the behaviour of
British troops in Iraq. The report examines such matters as the abuse
of civilians, the background of conditioning techniques, international
law and UK policy and doctrine, medical treatment and the role of
medical personnel, and issues regarding legal advice and policy. This
Report looks closely at the R-v-Payne and others (death of Baha
Musa) court martial in particular and a number of still unresolved
issues: who really was responsible for what happened; what training did
the soldiers charged (and others) receive regarding permissible and
impermissible conduct; how did clear gaps and confusion in army policy
and doctrine arise, and who bears responsibility for that; when things
went wrong, did the fault lie with politicians, or the military, or
senior civil servants, or all of them; did senior legal advisors always
act properly; to what extent were previously banned interrogation
techniques used, how did such use come about, when or indeed was the
ban effectively re-introduced, and has anyone accepted responsibility
for the debacle. Link to this directly by following this link. ..............................
MoD sued over ‘36 hours of hell’ in Basra
Iraqi
prisoners held by British troops at a detention centre in Basra were
forced to dance “like Michael Jackson” during 36 hours of
alleged beatings and sleep-deprivation, according to a High Court writ
against the Ministry of Defence. Nine Iraqi civilians were victims of a
competition between several British soldiers to see who could kick the
prisoners the hardest, it is also claimed. Baha Musa, one of the nine
detainees, died later and was found to have 93 separate injuries.
Permission for details of the writ, first served in June, to be made
public was given by the High Court yesterday [Times, 16 Nov]...............................
Judge Advocate's Ruling at close of prosecution case This can be found here. It is in pdf format and is 150kb in size.
..............................
Judge Advocate's Ruling on reporting restrictions, together with the Prosecution Opening and Defence Opening, have been removed from the former APA web site (since removed). We are not aware of any plans by the SPA to make this information available. [Posted: 22/x/06, amended 22/iv/10]
Torture claims go to high court
Harrowing accounts of the treatment of
Iraqis by British troops in an incident in which a detainee died will
be handed to the high court today as their lawyers demand aggravated
and exemplary damages from the Ministry of Defence. They say 10 Iraqis
seized in a Basra hotel in September 2003 were tortured. Baha Mousa,
the receptionist at the al-Haitham, suffered 93 injuries and died in
British custody. The lawyers claim the soldiers' actions were in breach
of the Geneva convention and the Human Rights Act.
..............................[Guardian, 26 Oct]
Court tells MoD to yield papers on Iraqi's death
The high court yesterday ordered the
Ministry of Defence to disclose to lawyers key documents about the
circumstances surrounding the death of Baha Mousa, an Iraqi who died in
British custody in Basra four years ago. The move came after the
lawyers for Mr Mousa's family and the families of 10 other Iraqis
detained by British soldiers accused the MoD of "obfuscation and delay"
in providing vital information. The family demanded the documents after
an MoD offer for them to take part in an inquiry into incidents in
Basra in 2003. The information they wanted includes the background of
military training regarding treatment of detainees, and the orders
given in Iraq. "It was a shameful episode for the British army and for
Britain itself," Jason Coppel, counsel for the families, told Mr
Justice Jackson . ..............................[Guardian, 4 Oct]
Colonel Mendonca Writes in the Daily Mail
Just imagine that you are a British
soldier returning from a tour of duty in Iraq or Afghanistan. For the
past few months, you have been putting your life on the line for your
country. Every day, you have faced the risk of death from bomb and
bullet. As you arrive back in Britain, you feel a mixture of relief,
exhaustion and pride in your service. Yet your return seems at best to
be a matter of supreme indifference to the public. There are no crowds
at the airport, nor any large parades. You are expected to disappear
quietly from view, so that the country can concentrate on important
issues like Pete Doherty's drug rehabilitation programme or the next
winner of ITV's The X Factor. ..............................[Mail, 3 Oct]
I was hung out to dry, says British commander dragged through 'political' court martial
Colonel Jorge Mendonca has six medals,
which he keeps in a drawer. He doesn't tend to look at them much. The
last time he examined his Distinguished Service Order - the highest
military award for command - he didn't know whether to polish it or
hurl it across the room. ..............................[Daily Mail, 1 Oct]
See also: [Daily Mail, 1 Oct]
Lawyers accuse MoD of retaining evidence on abused Iraqi detainees
Lawyers representing the families of
Iraqis detained by British soldiers yesterday accused the Ministry of
Defence of suppressing crucial information about the circumstances
surrounding their mistreatment, including advice given to senior army
officers. They have asked the high court to issue a new order requiring
the MoD to disclose all relevant documents about the death of Baha
Mousa, a Basra hotel receptionist who suffered 93 injuries and died
while in British custody in 2003, and the abuse of 10 other Iraqi
civilians. ..............................[Guardian, 22 Aug]
Army right to prosecute soldiers, says CPS report
The decisions to prosecute British soldiers for offences involving the
deaths of Iraqi civilians were justified, says an independent
inspectorate's report on the Army Prosecuting Authority (APA). Senior
officers had argued that the prosecutions were politically motivated
and should never have been brought. But a report by the Crown
Prosecution Service inspectorate says today that in two cases - not
identified - the decision to prosecute had been taken after a QC
advised there was sufficient evidence. Although the prosecutions
failed, the APA handled the cases appropriately, it says. Access the
report here. ..............................[Guardian, 29 Jun]
Goldsmith urges 'torture' probe
Lord
Goldsmith has called for an inquiry into how illegal torture techniques
came to be used by British soldiers in Iraq. The Attorney General
denied giving army chiefs permission to use sleep deprivation, hooding,
stress positions and other techniques on prisoners.
..............................[BBC News, 26 Jun]
Human rights law protects prisoners of UK troops abroad, rule lords in landmark case
British
soldiers who imprison detainees during military campaigns abroad are
bound by the Human Rights Act, which prohibits torture and inhuman or
degrading treatment, the country's highest court ruled in a landmark
judgment yesterday. The law lords dismissed arguments by the Ministry
of Defence and by Lord Goldsmith, the attorney general, that the act
did not apply to UK forces detaining foreign prisoners, in particular
Baha Mousa, a Basra hotel receptionist who died while in British
custody in 2003. ..............................[Guardian, 14 Jun]
See also: [ Ruling raises hopes for public inquiry]
See also: [Tortured Iraqis free to sue UK for millions]
See also: [ A deliberate torture policy]
See also: [ UK troops must fight under Human Rights Act]
Ruling allows full Mousa inquiry
For
the relatives of the hotel receptionist Baha Mousa this important
ruling by Law Lords means they can now return to court to press for a
full inquiry into the manner of his death in British custody in
September 2003. They will argue that the court martial of seven
soldiers did not meet the requirements of Article 2 of the European
Convention on Human Rights for an adequate investigation into the
death. ..............................[BBC News, 13 Jun]
See also: [Guardian, 13 Jun]
See also: [Judgment in full]
Human Rights law applies to Mousa case
The
Law Lords have ruled that UK human rights laws do apply to a civilian
who died in British custody in Iraq. They upheld part of an appeal by
relatives of Baha Mousa, who died while he was in British army custody
in Basra in 2003. The judgement could lead to an independent public
inquiry. ..............................[BBC News, 13 Jun]
See also: [Guardian, 13 Jun]
See also: [Judgment in full]
Iraqi civilians bring abuse claims to the High Court
Dozens
of Iraqi civilians who claim to have been victims of abuse committed by
British soldiers are set to bring a test case in London for punitive
damages against the government. The legal action, which will begin
later this month in the High Court in London, follows two courts
martial in which soldiers were convicted of mistreating prisoners after
the invasion. In the first tranche of personal injury claims the
victims were detained by the Queen's Lancashire Regiment after they
raided a hotel in Basra in September 2003.
..............................[Independent, 22 October 2011]
Family of Iraqi killed in UK custody to sue MoD
The
family of an Iraqi civilian who died while in British military custody
in Iraq nearly four years ago is to sue the Ministry of Defence for
damages, a lawyer representing them said on Wednesday. Martyn Day, a
personal injury lawyer, said he had no other choice than to sue the
Ministry of Defence after a court martial earlier this year cleared
seven British soldiers of any involvement in the death of hotel
receptionist Baha Musa. ..............................[Yahoo, 6 Jun]
See also: [Daily Mail, 6 Jun]
Outrage over hero Colonel 'stabbed in the back by the Army'
Defence
chiefs face an angry backlash after war hero Colonel Jorge Mendonca
resigned in protest at his treatment over alleged prisoner abuse by his
soldiers. The Daily Mail had revealed how Col Mendonca dramatically
ended his 25-year career after learning that he faced lengthy
behind-the-scenes investigations – even though the charges
against him were thrown out at a court martial.
..............................[Daily Mail, 2 Jun]
The generals and politicians will not destroy us, says Colonel Mendonca's wife
Louise
Mendonca has endured the appalling stress of the past two years with
outward calm. She has allowed herself neither the self-indulgence of
depression nor the luxury of introspection. At times of trauma and
anxiety, she has simply exhausted herself with exercise. "I’d run
for miles. It became a reflex action," she says.
..............................[Daily Mail, 2 Jun]
Blair's not fit to polish this war hero's boots
Standing
shoulder to shoulder with Nelson Mandela, wreathed in smiles, hands
grasped in friendship, Tony Blair clearly wants to be remembered as the
other great man who saved Africa. He won't be, of course. Iraq casts
too great a shadow to allow his modest achievements in Africa - a
continent still stained by the scandals of Zimbabwe, Congo and Darfur -
to shine. Indeed, even as Blair was busy preening and posing on his
£1 million farewell tour, others were paying the price for the
chaos he has bequeathed in the Middle East.
..............................[Daily Mail, 2 Jun]
Soldier snubs promotion to quit
A
war hero cleared at a “show trial” over Iraqi prisoner
abuse is quitting the Army even though he is set for promotion.
Highly-decorated Colonel Jorge Mendonca, 43, decided to resign his
commission after learning he faces an investigation into his command of
the Queen’s Lancashire Regiment in Iraq. Col Mendonca was the
highest ranking soldier in recent history to face a court martial and
was cleared in February after a five-month £20million trial.
..............................[Sun, 2 Jun]
Officers attack MoD over 'scapegoat' Mendonca
Senior military figures rallied behind Colonel Jorge Mendonca yesterday following his decision to leave the Army in disgust at the prospect of facing another military inquiry over the alleged abuse of Iraqi prisoners. Col Mendonca's former commanding officer said the Ministry of Defence's handling of his case was disgraceful and would sap morale
within the service. Col Mendonca, 43, was cleared of neglect of duty after a £20 million court martial threw out the charges against him earlier this year. ..............................[Telegraph, 2 Jun]
General Dannatt speaks after close of Cpl Payne Court Martial Chief of the General Staff and professional head of the British Army, General Sir Richard Dannatt, has made a statement today, 30 April 2007, following the end of a court martial concerning allegations of mistreatment of Iraqi civilians by British Army personnel. This can be found at this link . [Posted: 1/vi/07]
Cleared Mendonca quits army
A
British army officer cleared of abusing Iraqi civilians in custody has
left the service over fears he could face a fresh investigation, his
wife said today. ..............................[Guardian, 1 Jun]
Colonel accused in abuse case resigns
The
Colonel cleared of negligence in the case of the Iraqi hotel worker
Baha Mousa, who died in his custody, has resigned from the Army
following threats of further disciplinary action, it was reported last
night. Colonel Jorge Mendonca, 43, was accused of neglect of duty while
overseeing officers of the Queen's Lancashire Regiment after Mr Mousa
died in his custody in 2003. He was said to have been beaten to death.
Col Mendonca was charged two years later along with six of his
officers, but the judge ordered charges against him to be dropped. Only
one of the six others, Corporal Donald Payne, 35, has been convicted.
..............................[Guardian, 1 Jun]
Lord Goldsmith refuses to publish advice to Army over use of torture
The
Attorney General, Lord Goldsmith, is under growing pressure to disclose
his advice to the Army on whether British soldiers in Iraq needed to
comply with the Human Rights Act. uman rights groups and lawyers acting
for Iraqi victims of abuse claim Lord Goldsmith's advice meant soldiers
were told to ignore the human rights legislation when detaining
civilians after the invasion in March 2003. Yesterday, The Independent
reported that emails sent between senior legal advisers showed there
was disquiet among military lawyers about that advice.
..............................[Independent, 1 Jun - link removed]
Leading article: An abuse of human rights - and a blot on our integrity
The
abuse of Iraqi detainees at the hands of British and American forces in
Iraq has left a dark stain on the reputations of both countries in the
Middle East, and in the wider world beyond. Claims once confidently
advanced by Britain and the United States to be occupying the moral
high ground in dealings with tyrannical regimes have been severely
discredited over the last four years. It will take much longer than
that to shake off the shame. The fact that the events at Abu Ghraib
were more serious and more damaging to America's reputation than those
at Camp Bread Basket were to Britain's is of little comfort.
..............................[Deutsche Welle, 29 May]
Army must come clean on torture in Iraq, say MPs
An
influential committee of MPs is demanding that the Ministry of Defence
urgently explains what, it claims, are 'stark inconsistencies' over the
army's use of interrogation techniques in Iraq. The Parliamentary Joint
Committee on Human Rights has written to the MoD asking it to reconcile
what appear to be glaring differences between the department's official
line on what is permissible and evidence given at the recent court
martial of seven British soldiers. ..............................[Observer, 27 May]
Acquitted soldiers face army inquiry into prisoner abuse
Soldiers
acquitted in the Iraqi prisoner-abuse trial linked to the death of Baha
Musa, one of nine Iraqi detainees held by the British military in Basra
in 2003, are to face an internal army investigation that could lead to
dismissal. Four soldiers from the 1st Battalion The Queen’s
Lancashire Regiment, including Colonel Jorge Mendonca, its former
commanding officer, and two members of the Intelligence Corps, are to
be subjected to further inquiries, with the possibility of
administrative action against them, the Ministry of Defence said
yesterday. ..............................[Times, 2 May]
First British soldier to be convicted of a war crime is jailed for ill-treatment of Iraqi civilians
The
first British soldier ever to be convicted of a war crime was yesterday
jailed for a year and dismissed from the army. Corporal Donald Payne
brutally mistreated Iraqi hotel worker Baha Mousa, who died of his
injuries at the hands of British soldiers, and other civilians held at
a detention centre in Basra. He punched and kicked the civilians when
they were hooded and handcuffed and conducted what he called "the
choir" striking the prisoners in sequence, their groans or shrieks
making up the "music". ..............................[Guardian, 1 May]
Britain's first war criminal jailed for one year
Britain's
first war criminal has been dismissed from the army and sentenced to
one year in a civilian jail. Corporal Donald Payne, 36, admitted a
charge of inhuman treatment of Iraqi civilians in Basra in 2003. He was
among the first soldiers in UK history to be charged with the offence,
framed under the terms of the International Criminal Court Act 2001.
..............................[Telegraph, 1 May Apr]
Britain's first war criminal jailed
Britain's
first war criminal has been dismissed from the Army and sentenced to
one year in a civilian jail. Corporal Donald Payne, 36, admitted a
charge of inhuman treatment of Iraqi civilians in Basra in 2003. He was
among the first soldiers in UK history to be charged with the offence,
framed under the terms of the International Criminal Court Act 2001,
and his admission resulted in him being Britain's first convicted war
criminal. His sentence, announced on Monday at a military court in
Bulford in Wiltshire, will also result in the loss of approximately
£300,000 in future earnings and pension.
..............................[BBC News, 30 Apr]
Diary of a squaddie: Sunburn, sore feet and three more Ali Babas tossed in the river
Private
Stuart Mackenzie was a Territorial Army soldier serving with the
Lancastrian and Cumbrian Volunteers in Iraq in 2003, writes Audrey
Gillan. He was attached to the Queen's Lancashire Regiment, responsible
for the running of a detention centre in which the Iraqi hotel worker
Baha Mousa was held before dying from the 93 injuries he sustained
there in September of that year. The private kept a diary of his time
in Iraq and extracts of it were produced at the court martial of seven
QLR soldiers who were acquitted in March of abusing prisoners.
..............................[Guardian, 28 Apr]
A coverup of torture, racism and complicity in war crimes
Images
of the battered, bloodied, bruised face of Baha Mousa, tortured to
death while in detention with British troops under the Iraq occupation,
should have shocked the nation when they appeared last week. Instead,
most media outlets chose to ignore them. By comparison, when Canadian
troops meted out similar treatment to a prisoner in Somalia in the
1990s, the result was a five-year public inquiry and spring-clean of
the military justice system. What is going on?
..............................[Guardian, 23 Apr]
“Shocking” New Evidence In Iraqi Civilian Torture Cases - The Victims' Response
Lawyers
acting for Iraqis tortured (to death) will on 16 April make publicly
available 148 photographs of victims. There are 46 photographs showing
the 93 different injuries to Baha Mousa who died whilst in detention
with UK troops in Basra in September 2003. Another 102 photographs show
the severe injuries suffered by another five men, and other injuries to
the remaining four men, who were detained alongside Baha Mousa.
..............................[Public Interest Lawyers, 12 Apr]
Lords Hansard text for 27 Mar 200727 Mar 2007
Lord
Astor of Hever asked Her Majesty's Government:In connection with the
recent acquittal of six defendants at the court martial arising from
the death in Basra in 2003 of Mr Baha Mousa and related matters,
whether they will publish in full the observations of Mr Justice
McKinnon. ..............................[Lords Hansard, 27 Mar]
Yasmin Alibhai-Brown: Where is the justice for the family of Baha Mousa?
Our
soldiers are confident they can, with impunity, treat Iraqis like
vermin. Try to empathise with what they must be going through, the
grieving relatives coping with the untimely deaths of two men, both
victims of the war in Iraq. One, Matty Hull (25), was a young British
soldier; the other, Baha Mousa (26), an ordinary Iraqi hotel worker in
Basra. Neither was an inevitable casualty of war but the victim of
servicemen brazenly flouting the rules of engagement in Iraq, an
abominable operation that has brought out the worst of human nature on
all sides. ..............................[Independent, 19 Mar]
The victims of war: 93 injuries, one killing, no justice
On
4 January 2004, Robert Fisk broke the story in The Independent on
Sunday of the death of Baha Mousa, a Basra hotel receptionist, in
British military custody. The previous September, he and seven other
Iraqi civilians held by the Queen's Lancashire Regiment had been
handcuffed, hooded, forced into stress positions, deprived of sleep and
subjected to 36 hours of assaults, during which they were kicked,
punched and beaten. ..............................[Speaker Of The Truth, 18 Mar]
How army's £20m trial failed to find the killers
During
a six-month court martial, British soldiers giving evidence on the
death of an Iraqi, Baha Musa, were unable to answer more than 650
questions. Just when it mattered most, they couldn't remember. The
soldiers were providing evidence at the most expensive court trial in
British military history, but often they struggled to remember a thing.
..............................[Observer, 18 Mar] .
See also: [£20m trial over Iraqi death could end in fine]
'Concerns' over Iraq abuse trial
The
attorney general says he has concerns about the failed prosecution of
British soldiers charged with the abuse of Iraqi civilians. Lord
Goldsmith told the BBC there were issues about the "capacity of the
investigators" and the "lack of clarity" about detainee treatment.
..............................[BBC News, 15 Mar]
United Kingdom Court Martial acquittals: many questions remain unanswered and further action required to ensure justice
Amnesty International public statement that considers that the court
martial proceedings against seven UK soldiers in connection with the
treatment of detainees in Iraq left many questions unanswered and
underscore the need for the UK to take further action to ensure justice
is done and to revise the manner in which allegations of serious human
rights violations by members of its armed forces are investigated.
..............................[Amnesty International, 15 Mar 2007]
Army on trial
You
must search long and hard to find anyone who is truly satisfied after
the final acquittals in the court martial of seven British soldiers
following the death in custody of the Iraqi prisoner Baha Musa in Basra
in 2003. Even the six acquitted defendants (the seventh pleaded guilty)
think their lives and careers have been ruined by the proceedings. The
army fears that the cases have been legally dubious all along. The
victim's family is outraged that justice for their loss has again been
denied. Meanwhile, the public looks on in confusion as both sides in
the case emerged from the court to denounce the inadequacies of the
proceedings with equal indignation. Even the supervising judge seemed
to say that justice had not been done. ..............................[Guardian, 15 Mar]
A 'witch-hunt' that cost £20m
The
Attorney General was accused of carrying out a "political witch-hunt"
after a £20million prosecution of British troops accused of
abusing Iraqi prisoners ended with six men acquitted on all charges.
Supporters and lawyers demanded to know why Lord Goldsmith had insisted
on bringing the court martial. ..............................[Daily Mail, 14 Mar]
Goldsmith under fire over Iraq 'abuse' trial
The
Attorney General was criticised last night over the decision to
prosecute troops in Iraq after the most expensive court martial in
British history ended in acquittal. After more than three years of
investigation and at a cost of £20 million, the case against a
group of soldiers allegedly responsible for the killing of an Iraqi
while in British custody ended after the last two defendants were
acquitted. ..............................[Telegraph, 14 Mar]
Court Martial Acquittals in Baha Mousa Case:The full truth of what happened remains unknown
Yesterday’s
final court martial acquittals of soldiers in connection with Baha
Mousa’s brutal
death in custody raise far more questions than they answer.
..............................[Redress, 14 Mar]
Soldiers cleared over Iraq abuse
A
court martial has cleared two UK soldiers of failing to ensure their
men did not abuse Iraqi civilians in Basra. Maj Michael Peebles and
Warrant Officer Mark Davies had denied charges of negligently
performing their duties. In all, six soldiers were acquitted at the
hearing in Bulford, Wiltshire. A seventh soldier had previously
admitted one charge of inhumane treatment. The allegations arose after
the death of an Iraqi prisoner, Baha Mousa, in British custody during
September 2003. Cpl Donald Payne, who admitted treating Iraqis
inhumanely, is the only soldier to have been convicted at the end of
the six-month hearing. He is awaiting sentencing.
..............................[BBC News, 13 Mar]
See also: [Timeline: Iraqi abuse trial]
See also: [Soldiers 'not brought to justice']
Cleared colonel may give up career
Colonel
Jorge Mendonca, who received the Distinguished Service Order for his
active duty in Iraq, said he believed that the manner in which soldiers
are investigated and charged needed "close examination", a view known
to have the support of many senior officers. But the colonel said it
was the stress of the investigation and subsequent trial on his second
wife, Louise, and his family that had caused him the most distress and
forced him now to "think deeply" about the his military future.
..............................[Sunday Telegraph, 18 Feb]
Officer cleared of Iraqi abuse may leave the army
Colonel
Jorge Mendonca, the decorated former commander of the Queen's
Lancashire Regiment, said he would think "deeply" about his future in
the coming weeks and months. ..............................[Daily Mail, 16 Feb]
Case collapses against British soldiers on trial for war crimes against Iraqis
The
prosecution of seven soldiers accused of offences linked to the death
of an Iraqi civilian collapsed yesterday when a High Court judge threw
out six of the nine charges. The decision came after more than five
months of a court martial thought to have cost up to £20 million.
It puts in the spotlight the system of charging members of the British
Armed Forces with offences arising from incidents in Iraq.
..............................[Times, 15 Feb]
See also: [A disturbing case for over-stretched Army]
See also: [Our soldiers must not be treated as toys
]
See also: ['Justice regardless of rank']
36 hours in detention
Insurgents
had been attacking British troops in southern Iraq since the end of the
combat phase of the war on May 1. Operation Salerno began on September
14, 2003. Acting on intelligence, soldiers from The Queen’s
Lancashire Regiment (QLR) went to the Hotel Haith-am and found AK47
rifles. They arrested nine Iraqis, including the receptionist Baha
Musa, 26, and took them to a temporary detention centre run by the QLR,
commanded by Colonel Jorge Mendonca. ..............................[Times, 16 Feb]