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14/12/2004
Iraqi family win right to death inquiry
The family of an Iraqi civilian allegedly killed by British troops has won a legal challenge over the Government's refusal to hold a full independent inquiry into the death.
In a decision, which potentially has far reaching implications for the conduct of troops overseas, the High Court ruled today that the death in custody of Baha Mousa was within the scope of the European Convention on Human Rights.
In September 2003, the 28-year-old hotel receptionist was arrested with eight other men at a hotel in Basra and he later died in custody.
Legal representations for the family of Mr Mousa contended that a failure to adequately investigate the incident was a breach of human rights under Articles 2 and 3 of the European Convention.
The Ministry of Defence countered that the UK-controlled zone in Basra was beyond European jurisdiction.
But in their finding today Lord Justice Rix and Mr Justice Forbes ruled that UK jurisdiction extended to include a UK prison and was, as is the case with an embassy, an "outpost" which was distinct from the "total territory" of another state. Mr Mousa had died in custody and was in effect under UK jurisdiction.
Both sides were granted leave to appeal.
The case was one of six test cases, all seeking applications for a judicial review. The other five cases were rejected by the judges as they were deemed to be shooting incidents that had occurred outside British jurisdiction "on the ground" in Iraqi territory.
Sir Menzies Campbell MP, Liberal Democrat Shadow Foreign Secretary, responding to today's ruling by the High Court, said the ruling was a slap in the face for the British government and was a "sharp reminder to the Government of its legal obligations".
The Ministry of Defence declined to comment on the case of Mr Mousa as an investigation is ongoing.
(SP)
In a decision, which potentially has far reaching implications for the conduct of troops overseas, the High Court ruled today that the death in custody of Baha Mousa was within the scope of the European Convention on Human Rights.
In September 2003, the 28-year-old hotel receptionist was arrested with eight other men at a hotel in Basra and he later died in custody.
Legal representations for the family of Mr Mousa contended that a failure to adequately investigate the incident was a breach of human rights under Articles 2 and 3 of the European Convention.
The Ministry of Defence countered that the UK-controlled zone in Basra was beyond European jurisdiction.
But in their finding today Lord Justice Rix and Mr Justice Forbes ruled that UK jurisdiction extended to include a UK prison and was, as is the case with an embassy, an "outpost" which was distinct from the "total territory" of another state. Mr Mousa had died in custody and was in effect under UK jurisdiction.
Both sides were granted leave to appeal.
The case was one of six test cases, all seeking applications for a judicial review. The other five cases were rejected by the judges as they were deemed to be shooting incidents that had occurred outside British jurisdiction "on the ground" in Iraqi territory.
Sir Menzies Campbell MP, Liberal Democrat Shadow Foreign Secretary, responding to today's ruling by the High Court, said the ruling was a slap in the face for the British government and was a "sharp reminder to the Government of its legal obligations".
The Ministry of Defence declined to comment on the case of Mr Mousa as an investigation is ongoing.
(SP)
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