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High Court Considers Evidence British Soldiers Tortured Iraqis

High Court Considers Evidence British Soldiers Tortured Iraqis

The British High Court last week opened a hearing into allegations that British troops carried out systematic human rights violations against Iraqi civilians, with lawyers acting on behalf of nearly 200 Iraqis demanding a public inquiry.

Lawyers representing 192 Iraqi civilians claim that British interrogators are guilty of murdering 20 or more Iraqis and torturing others following the so-called “Battle of Danny Boy” in Maysan province, southern Iraq, in May 2004.

Furthermore, they allege that the true number of human rights abuses perpetrated during the UK’s 2003-2009 involvement in Iraq may be far greater, with the plaintiffs’ lawyers, Public Interest Lawyers (PIL), presenting to the court an 82-page document which it says details the “terrifying acts of brutality” committed by both British and American soldiers. PIL suggests there may be evidence of more than 800 such instances of abuse. More than a thousand Iraqis have complained they were mistreated during that period.

“Enough is enough. There must be a public inquiry in relation to the credible and prima facie cases of human rights violations perpetrated by the British military in Iraq from 2003-09,” Michael Fordham, PIL lawyer, is quoted as saying.

Currently, there are a number of ongoing and separate inquiries into the Iraq abuse claims.

First is the reexamination of the 2003 death of Baha Mousa, a Basra hotel worker whom the military interrogated. The inquiry was started last July and, as noted, is ongoing. A post-mortem examination found that Mousa, a 26-year-old, showed evidence of 93 injuries at the time of his death and a previous inquiry deduced that “a large number” of soldiers had abused Mousa.

Second is the Al-Sweady Inquiry which is looking into allegations, as outlined above, that UK soldiers murdered in excess of 20 Iraqis and tortured others after the “Battle of Danny Boy.”

Investigations are being carried out by the MoD’s own Iraq Historic Allegations Team (IHAT) which has been tasked with re-investigating a number of other cases, including the deaths of two men detained by soldiers of the so-called Black Watch in Basra in May 2003. An initial review by IHAT concluded that although preliminary inquiries into the deaths of Radhi Nama and Jabbar Kareen Ali had been made, they had failed to be thorough enough and thus would have to be reopened.

IHAT is also investigating a number of other cases, not least of which is a story uncovered by the Guardian that involved Tariq Sabri al-Fahdawi who, it has been alleged, was kicked to death aboard an RAF Chinook helicopter. The original inquiry was proved insufficient by the Guardian and showed the RAF police had failed to even establish the name of the prisoner, let alone a cause of death.

The Guardian, in its coverage of this latest battle for a public inquiry, also notes that senior military sources had claimed that MoD officials had interfered in the initial inquiry “might result in the disclosure that Sabri al-Fahdawi – and 63 other men – were being taken to a secret detention centre operated by US and British special forces, a facility that had been concealed not only from the Red Cross, but from the British army’s own lawyers.”

The MoD has stated that it will ascertain whether any officials within the department had interfered with the original investigation, but PIL says offers these inquiries are absolutely meaningless because, whether the allegations of an internal MoD cover-up are true or not, there can be no confidence in the MoD’s impartiality when it has made such failures in the past.

A Department of Defense spokesperson is quoted as categorically denying any wide-scale improper conduct by the British Armed Forces, saying that where there is evidence of abuse these are isolated instances and not reflective of the high standards the military expects and feels has been demonstrated by the vast majority of its soldiers.

The High Court’s judgement as to whether a public inquiry is necessary will be issued in the next few weeks. Such a public inquiry would be, in both scope and detail, largely unprecedented.


Related Reading:

All our Lives: Teenagers, Iraq and Afghanistan

Iraq’s Deadliest Day in Two Years

Rumsfeld’s Memoir: Regrets and Iraq War Revelations

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Image credit: Thinkstock.

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5:15AM PDT on Apr 12, 2014

As if the inhumanities exacted upon Afghans and Iraqis wasn't bad enough, you know what makes this even sadder? That we would have a member (here at Care2, no less!) whose response to this is, "Who cares?" Or other members here who would seek to deflect by pointing the finger at others, instead of confronting and addressing those misdeeds committed in our names. Or, a member who would use this as an opportunity to use this story as a platform to (unbelievably!) make the false assertion that Israel doesn't commit atrocities. Really, people?

8:24AM PDT on Apr 22, 2013


10:44PM PST on Feb 17, 2013

Not surprised at all. I was 5 years old when the British entered a village that had already surrendered (WW2 Germany) looting, burning and kicking the hell out of children and old people. They felt so great about that, I was one of the victims. I mentioned this to an ex English soldier, he laughed and said: We were never given kids gloves... and more, which I am too embarrassed to mention. I survived, and I am still around to despise the British.

11:19AM PST on Feb 11, 2013

Human rights abuses, Steve? Oh, come on! Look at all the atrocities that go on in the Arab nations! The exception is Israel, who is only trying to prevent being wiped off the face of the planet!

1:48PM PST on Feb 10, 2013

glad the UK is acting--perhaps the US will become brave enough to do likewise and help polish up our reputation when it comes to human right to become a leader again

6:33AM PST on Feb 10, 2013

When people have power they think they can do what they want & get away with it & these people should know what you do in this world always comes back to !!!

12:49AM PST on Feb 10, 2013

And this is surprising, how?

5:34PM PST on Feb 9, 2013

Is any Islamic country going to set up a court to deal with any human rights abuse? Would these "civilians" ask for the same type of enquiry against abuses by the opposition forces? Anything like that would lead to a bullet to the head. Pull our guys out, no-one else should die in that cesspit that is the middle east. How much compensation are the lawyers going to ask for? I am too jaded to think that they are doing it for nothing with no possibility of a nice fat pay packet at the end. This should lead to an avalanche of cases as a nice earner for lawyers and their civilian clients that should help the Taliban buy a few more guns.

8:31AM PST on Feb 9, 2013

Who cares???

11:20AM PST on Feb 8, 2013


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