Difference between revisions of "Baha Mousa"
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[[File:Baham1.jpg|thumb|Baha Mousa with his wife and children 2002]] | [[File:Baham1.jpg|thumb|Baha Mousa with his wife and children 2002]] | ||
| − | '''Baha Mousa''' was an [[Iraq]]i civilian who was murdered by | + | '''Baha Mousa''' was an [[Iraq]]i civilian who was murdered by British army soldiers whilst in their custody in Basra in September 2003.<ref> [http://www.guardian.co.uk/uk/2009/jul/12/baha-mousa-public-inquiry Richard Norton Taylor and Own Bowcott The Guardian 29 December 2009]</ref> |
==Death== | ==Death== | ||
Revision as of 13:03, 9 August 2010
Baha Mousa was an Iraqi civilian who was murdered by British army soldiers whilst in their custody in Basra in September 2003.[1]
Contents
Death
On 14 September 2003 Baha, a 26-year-old hotel receptionist, was arrested along with six other men and taken to a British base. Whilst in detention Baha and the other captives were hooded and severely assaulted by a number of British troops. Two days later Baha was found dead [2]. A post-mortem examination found that Baha suffered multiple injuries (at least ninety-three), including fractured ribs and a broken nose, which were 'in part' the cause of his death[3].
Investigation
Seven members of the Duke of Lancaster's Regiment stood trial accused of several charges relating to the ill treatment of detainees, including those of war crimes under the International Criminal Court Act 2001. On September 19, 2006, Corporal Donald Payne pleaded guilty to a charge of inhumane treatment to persons making him the first member of the British armed forces to plead guilty to a war crime [4]. He was subsequently jailed for one year and expelled from the army. Six other soldiers were cleared of any wrongdoing [5]. The presiding judge, Mr Justice McKinnon, stated that "none of those soldiers has been charged with any offence, simply because there is no evidence against them as a result of a more or less obvious closing of ranks." [6]
Breach of Human Rights
On 27 March 2008, the British Defence Secretary, Des Browne, admitted to "substantial breaches" of the European Convention of Human Rights over the murder of Baha Mousa.[7] In July 2008 the Ministry of Defence agreed to pay £2.83 million in compensation to the family of Baha Mousa and nine other men, following an admission of "substantive breaches" of articles 2 and 3 (right to life and prohibition of torture) of the European Convention on Human Rights by the British Army.[8]
Court rulings based on this case
- Colonel Jorge Mendonca - cleared of negligently performing a duty
- Sgt Kelvin Stacey - cleared of common assault
- L/Cpl Wayne Crowcroft - cleared of inhumane treatment
- Pte Darren Fallon - cleared of inhumane treatment
- Cpl Donald Payne - admitted inhumane treatment, cleared of manslaughter and perverting the course of justice
- Warrant Officer Mark Davies - charged with negligently performing a duty
- Maj Michael Peebles - charged with negligently performing a duty
- Court rulings referece [9]
References
- ↑ Richard Norton Taylor and Own Bowcott The Guardian 29 December 2009
- ↑ Robert Fisk - Who Killed Baha Mousa? The Independent 15 December 2004
- ↑ [http://news.bbc.co.uk/1/hi/uk/5360432.stm BBC - British soldier admits war crime - 19 September 2006
- ↑ Times online - British soldier is first to admit war crime - Devika Bhat and Jenny Booth - September 19, 2006
- ↑ BBC - Soldier jailed over Iraq abuse - 30 April 2007
- ↑ The Independent - A bloody epitaph to Blair's war - 17 June 2007
- ↑ MoD admits human rights breaches over death of tortured Iraqi civilian, Belfast Telegraph, 28 March 2008
- ↑ BBC - Iraqis to get £3m in MoD damages 10 July 2008
- ↑ BBC News - UK soldiers cleared of Iraq abuse - 14 February 2007
