Call For Justice After Iraq Abuse Inquiry

The crown prosecution service is under pressure to bring civil prosecutions against soldiers involved in the abuse of an innocent Iraqi civilian who died in British army custody, after an inquiry found his death was caused by “an appalling episode of serious gratuitous violence”.











Daoud Mousa, father of Baha Mousa, shows photographs of his son and family.

Fourteen soldiers mentioned in the report are still serving, but some were suspended from duty on Thursday. MoD officials expect more suspensions in the coming days.

Baha Mousa, a hotel worker, died in Basra in September 2003 after soldiers repeatedly deprived him of sleep, placed a hood over his head and subjected him to banned “stress positions”.

Sir William Gage, the chairman of the inquiry, called the behaviour “wholly unacceptable in any circumstances”.

Mr Mousa sustained 93 injuries, including fractured ribs and a broken nose over 36 hours of systematic abuse between September 14 and 15, 2003.

Sir William said: “The events described in the report represent a very serious and regrettable incident. Such an incident should not have happened and should never happen again.’’

The directors of both public and service prosecutions are now considering whether the soldiers involved should face trial. Lawyers and campaigners insist they should be tried in public courts.

Sapna Malik, from law firm Leigh Day, said: “In light of the cogent and serious findings by Sir William Gage, we now expect that the military and civilian prosecuting authorities of this country will act to ensure that justice is done.”

Phil Shiner, from Public Interest Lawyers, added that it was an “absolute imperative” that prosecutions were brought in a civilian court.

Liam Fox, the defence secretary, said: “There is no place in our Armed Forces for the mistreatment of detainees and there is no place for a perverted sense of loyalty that turns a blind eye to wrongdoing or erects a wall of silence to cover it up.”

He added that the Iraq Historic Allegations Team (or IHAT), which started work in November 2010, was considering this and other reported cases of abuse.

“It is too early to comment on what the conclusions of the IHAT investigations might be, but cases will be referred to the director of service prosecutions, if and when there is sufficient evidence to justify this,” Mr Fox said.

Sir William issued a total of 73 recommendations to improve the way detainees are handled.

These included asking detainees “on entry and exit from a theatre-level detention facility” if they had any complaints about their treatment, and suggesting Her Majesty's Inspector of Prisons visit battlefield holding centres.

The former Court of Appeal judge condemned the actions of Corporal Donald Payne, who pleaded guilty in September 2006 to inhumane treatment of prisoners, as well as senior officers, including the commanding officer Colonel Jorge Mendonca, Lieutenant Craig Rodgers and Major Michael Peebles.

He said Cpl Payne was a “violent bully” who inflicted a “dreadful catalogue of unjustified and brutal violence” on Mr Mousa and other detainees and encouraged junior soldiers to do the same.

Seven soldiers faced allegations relating to the mistreatment of the detainees at a court martial in 2006-07, but only one was found guilty.

Baha Mousa Inquiry: MoD's Guilt For Death Of Army's Iraqi Prisoner

Nineteen soldiers could face criminal charges for their role in the death of an innocent Iraqi man after a public inquiry found he was the victim of “appalling and cowardly” violence while in British custody.












Baha Mousa with his son.

Military and civilian prosecuting authorities are examining the findings of a three-year inquiry into the death of Baha Mousa, a hotel receptionist who died after a 36-hour ordeal at the hands of British soldiers in Basra in September 2003. Nine other civilians were bound, hooded and subjected to “serious, gratuitous violence”.

The inquiry, chaired by Sir William Gage, a retired judge, found the Ministry of Defence guilty of a “corporate failure” to uphold basic standards by allowing rules to go “largely forgotten”. While clearing the soldiers’ unit, the 1st Bn Queen’s Lancashire Regiment, of having an “entrenched culture of violence”, he said it was clear the abuses were not a one-off.

Dr Liam Fox, the Defence Secretary, said the events described in the report were “deplorable, shocking and shameful” and instructed the head of the Army to take action against any serving personnel who were involved.

Three serving soldiers, including an officer, have already been suspended from duty as a result of the inquiry.

Dr Fox told the Commons: “Baha Mousa was not a casualty of war. His death occurred as a detainee in British custody – it was avoidable and preventable and there can be no excuses. There is no place in our Armed Forces for the mistreatment of detainees and there is no place for a perverted sense of loyalty that turns a blind eye to wrongdoing or erects a wall of silence to cover it up.”

The 1,400-page report details how the victims spent a day and a half with bags tied around their heads while being forced to stand in “stress positions” – practices banned under both domestic law and the Geneva Conventions.

Last night the Chief of the General Staff, Sir Peter Wall, said the incident “cast a dark shadow” over the reputation of the Army while David Cameron condemned the “truly shocking and appalling” abuse which he said should never be repeated.

The £13 million inquiry singled out 19 soldiers whom it concluded were directly involved in the abuse, including some who have already faced unsuccessful prosecution at court martial.

Lawyers for families of the victims said there was potentially the evidence to bring new prosecutions against all of them in the civilian courts. It emerged last night that three soldiers serving in the Army, including an officer, had been suspended from duties and MoD sources believed another 11 former servicemen could also face charges.

The suspended officer, Maj Mike Peebles of the Intelligence Corps, would face a second court martial if Army prosecutors believed there was sufficient new evidence. He was originally acquitted of negligently performing a duty during a court martial in 2007 when he was among six soldiers to walk free after the effective collapse of a £20 million case.

Only Cpl Donald Payne, named as committing some of the worst abuses, was convicted at the original court martial after pleading guilty to inhumane treatment. He was cleared of manslaughter but jailed for a year. Six others, including the regiment’s former commanding officer, Col Jorge Mendonça, were cleared of charges.

Yesterday both he and Maj Peebles were singled out as bearing “heavy responsibility” for what happened. Several soldiers who were not involved in the original court martial are among those who could now face prosecution.

This could include a large number of men who have left the Forces.

Dr Fox said efforts were already under way to determine whether “more can be done to bring those responsible to justice”. He told MPs that the MoD’s Iraq Historic Allegations Team had found evidence of “some concern” and cases would be passed to the Director of Service Prosecutions where there was “sufficient” evidence. Any eventual cases would be likely to be brought by the Crown Prosecution Service as most of the men were now civilians. Sapna Malik, a lawyer representing the Iraqi families, said they “expect” both military and civilian prosecuting authorities to act.

Despite the criticism, Dr Fox rejected a key recommendation in the report for a blanket ban on so-called “harsh” questioning methods, warning that lives could be put at risk unless the Forces could deploy all “necessary” techniques.

Army Suspends Baha Mousa Soldiers As More Prosecutions Are Considered

General Sir Peter Wall, the head of the army, says new evidence could mean further disciplinary action against soldiers.












General Sir Peter Wall says further prosecutions against soldiers are being considered after fresh evidence was unearthed.

The army has suspended a number of soldiers after the publication of a damning report into the "violent and cowardly abuse" by servicemen that led to the death of an Iraqi detainee in British military custody.

There have been widespread calls for further prosecutions and the defence secretary, Liam Fox, disclosed that Ministry of Defence inquiries "are revealing evidence of some concern" in other Iraqi abuse cases.

Fox acknowledged for the first time that there could be more prosecutions. "If any serviceman or woman, no matter the colour of uniform they wear, is found to have betrayed the values this country stands for and the standards we hold dear, they will be held to account," he said.

General Sir Peter Wall, head of the army, confirmed that the force's provost martial will investigate whether anyone else should be disciplined in the light of fresh evidence unearthed by Sir William Gage's inquiry into the final hours of Baha Mousa's life in Basra in 2003.

Wall said the inquiry had cast a "dark shadow" over the service's reputation.

The retired appeal court judge's report, which runs to three volumes, found that troops from 1st Battalion Queen's Lancashire Regiment inflicted "gratuitous" violence on a group of 10 Iraqi civilians, who were kicked and hit in turn, "causing them to emit groans and other noises and thereby playing them like musical instruments". This humiliating practice was nicknamed "the choir".

While focusing criticism on a few members of the regiment – particularly Corporal Donald Payne, Lieutenant Craig Rodgers and Lieutenant Colonel Jorge Mendonca – the report also passes scathing comment on the role of the unit's regimental medical officer, Dr Derek Keilloh, and its padre, Father Peter Madden.

Both Keilloh and Madden face further hearings: the doctor will be examined by a General Medical Council disciplinary tribunal over his role in Iraq and the priest is to be interviewed by the archbishop of Birmingham, Bernard Longley.

The report will be passed to prosecutors to assess whether fresh charges should be brought against any soldiers. So far only Payne has been convicted of inhumanely treating civilians; he served one year in prison.

Fox said: "There is no place in our armed forces for the mistreatment of detainees and there is no place for a perverted sense of loyalty that turns a blind eye to wrongdoing or erects a wall of silence to cover it up."

Referring to methods of "conditioning" suspects in Northern Ireland that were banned in 1972, Fox admitted that "there was a 'systemic failure' that allowed knowledge of the prohibition on abusive techniques made by the Heath government to be lost over the years".

Military prosecutors from the Service Prosecuting Authority (SPA) will be responsible for examining any cases brought against those still in uniform. Despite suggestions that the Crown Prosecution Service will be asked to examine the fresh evidence in relation to those who have already left the army, a CPS spokeswoman said: "We are not aware of anything being referred to us."

Dan Leader, a solicitor with Leigh Day and Co, which represented some of the detainees, said: "The claimants are very clear they want accountability. We are talking about torture and murder. All that has happened is that someone has spent one year in prison. The claimants are concerned about criminal justice and feel let down so far."

In terms of immediate disciplinary action, Wall told the Guardian that "some soldiers have been suspended from operational duty and military service". More suspensions may follow. Only 14 of those referred to in the Gage report are still in the army.

So far £2.8m has been paid out by the Ministry of Defence in compensation to Mousa's relatives and the nine other Iraqi detainees held in Basra between 14 and 16 September 2003.

The solicitor Phil Shiner, of Public Interest Lawyers, renewed his call for a wider inquiry into allegations about how British troops treated detainees in southern Iraq between 2003 and 2009.

"There is a case called Ali Zaki Mousa," Shiner said, "currently before the court of appeal that will determine whether the UK should fulfil its legal obligations by holding an extended inquiry into 150 additional complaints by Iraqi civilians."

Mousa's father, Daoud Mousa, was not in Britain for the report's publication but is due to deliver a lecture in memory of his son in London next week.

The MoD signalled that it would not accept one of Gage's recommendations, namely that "harshing" – shouting at detainees to intimidate them – should be abandoned. A test case about the technique, which the MoD defends, is due to come before the courts soon.

The General Medical Council declined to comment on the forthcoming hearing into Keilloh but Peter Jennings, press secretary for the archdiocese of Birmingham, said of the criticism of Madden: "The Catholic church takes this matter extremely seriously.

"The archbishop, the Most Rev Bernard Longley, and the vicar-general of the archdiocese will be meeting with Fr Madden when he has had the opportunity to study carefully the full report and the criticisms of himself in the context of the report."

Amnesty International called for soldiers to be charged.

"Those responsible must be held accountable for their actions and brought swiftly to justice, including in criminal proceedings," said Nicola Duckworth, the organisation's Europe and central Asia director.

Priorities Questioned Over Defence Cuts

Nearly 2,000 armed services personnel are learning that their jobs are to disappear today.

At least half of the 920 Army jobs and 930 RAF roles are expected to face compulsory redundancies in the first round of defence cuts.












RAF pilots prepare for a mission over Libya.

The Gurkhas face the heaviest cuts, with 140 soldiers facing redundancy. No service personnel currently receiving the operational allowance will be forced to leave, however.

"Just as many RAF personnel will be thinking about returning home having performed heroics in Libya, ministers are drawing up their P45s," shadow defence secretary Jim Murphy said.

"People will be shocked and will wonder whether the government have got their priorities straight."

The defence cuts follow an eight per cent overall reduction in the MoD's budget in the comprehensive spending review.

Broader financial problems have forced defence secretary Liam Fox to seek a more fundamental rationalising of his department, leading to plans for over 22,000 jobs to go in total by 2015.

"The tough measures will bring the budget largely into balance for the first time in a generation," Mr Fox said.

"Extra money allocated for the equipment budget from 2015 will allow capability to grow in the second half of the decade."

The slow-burning nature of the cuts makes them politically sensitive, however. Around 1,600 redundancies in the Royal Navy are expected to be announced next month.

"This underlines the scale of the government's cuts in manpower. The frontline cannot be protected from cuts this deep," Mr Murphy added.

"Savings must be made, but in a world of uncertainty to many this will seem a worrying loss of important capability."

Wootton Bassett Timeline: How The Repatriation Ceremony Came About

From 2007's first spontaneous gesture of respect to 2011 when the flag was lowered for the last time in Wiltshire town.












Crowds gather for the repatriation procession of three soldiers killed in Afghanistan – Captain Daniel Read, Corporal Lee Brownson and Rifleman Luke Farmer – through Wootton Bassett in January 2010.

Spring 2007

The bodies of fallen service personnel are to be repatriated through RAF Lyneham in Wiltshire rather than Brize Norton in Oxfordshire. This means funeral corteges will pass through Wootton Bassett en route to hospital in Oxford.

April 2007

The first repatriation takes place through Wootton. Mayor Percy Miles is told and decides to wear his mayoral robes to watch the cortege pass. The first soldiers to be honoured are Aaron Lincoln, 18, and Danny Wilson, 28.

2007 and 2008

The number of people lining the streets gradually grows. The local branch of the Royal British Legion begins to alert townspeople and veterans' groups when a repatriation is to take place. Hundreds, then thousands, many travelling from far afield, begin to turn out.

July 2009

The bodies of eight soldiers are repatriated. Three were killed as they rushed to rescue comrades injured in an earlier blast. For the first time relatives applaud and throw flowers.

Summer 2009

There is growing unease in the town over the attention focused on Wootton Bassett. Residents complain that the media is intruding and turning repatriations into a circus. Concern too at the outward shows of emotion by some family members.

November 2009

The body of bomb disposal expert Olaf Schmid is repatriated. His dignified widow, Christina Schmid, grabs headlines as she applauds the hearse carrying her husband's body.

November 2009

A particularly charged repatriation when the bodies of five soldiers killed by a rogue Afghan policeman are brought home. The BNP leader Nick Griffin appears in the crowd.

December 2009

Anger when the BBC films Question Time from Wootton Bassett. Residents have tried to keep politics out. Afghanistan dominates the show's agenda.

January 2010

The radical Islamist group Islam4UK causes outrage by announcing it wishes to stage an anti-war protest in the town. The idea is abandoned.

June 2010

The bodies of seven servicemen, killed in four separate incidents in Afghanistan, are repatriated. Two were killed in firefights, one by an explosion. Four died when their vehicle rolled into a canal.

March 2011

David Cameron announces Wootton Bassett is to become the first English town for more than a century to be granted the title "royal" to mark the way it has honoured fallen personnel.

August 2011

The final repatriation – the 167th takes place. In all 345 men and women have been repatriated through the town.