killing of Baha Mousa

Baha Mousa was an Iraqi man who died while in British Army custody in Basra, Iraq in September 2003. The inquiry into his death found that Mousa's death was caused by "factors including lack of food and water, heat, exhaustion, fear, previous injuries and the hooding and stress positions used by British troops - and a final struggle with his guards". The inquiry heard that Mousa was hooded for almost 24 hours during his 36 hours of custody by the 1st Battalion of the Queen's Lancashire Regiment and that he suffered at least 93 injuries before his death. The report later details that Mousa was subject to several practices banned under both domestic law and the Geneva Conventions. Seven British soldiers were charged in connection with the case. Six were found not guilty. Corporal Donald Payne pleaded guilty to inhumane treatment of a prisoner and was jailed for a year and dismissed from the Army. On 19 September 2006 with his guilty plea to inhumane treatment of Mousa, Payne became the first British soldier to admit to a war crime.{{cite news |last=Harding |first=Thomas |url=https://www.telegraph.co.uk/news/uknews/defence/8751237/Baha-Mousa-inquiry-MoDs-guilt-for-death-of-Armys-Iraqi-prisoner.html |title=Baha Mousa inquiry: MoD's guilt for death of Army's Iraqi prisoner |publisher=Telegraph |date=2011-09-08 |access-date=2013-02-24 |archive-url=https://web.archive.org/web/20130309134252/http://www.telegraph.co.uk/news/uknews/defence/8751237/Baha-Mousa-inquiry-MoDs-guilt-for-death-of-Armys-Iraqi-prisoner.html |archive-date=2013-03-09 |url-status=live }}{{cite news |url=https://www.bbc.co.uk/news/uk-14698722 |title=BBC News - Q&A: Baha Mousa inquiry |publisher=BBC |date=2011-09-08 |access-date=2013-02-24 |archive-url=https://web.archive.org/web/20130204220420/http://www.bbc.co.uk/news/uk-14698722 |archive-date=2013-02-04 |url-status=live }}{{cite news | url=https://www.bbc.co.uk/news/10251780 | work=BBC News | title=Baha Mousa hooding inhumane, says ex-army chief | date=2010-06-07 | access-date=2018-06-20 | archive-url=https://web.archive.org/web/20111120183027/http://www.bbc.co.uk/news/10251780 | archive-date=2011-11-20 | url-status=live }}{{cite news | url=https://www.telegraph.co.uk/news/newstopics/politics/defence/5815301/Baha-Mousa-public-inquiry-to-examine-allegations-of-torture-in-British-custody.html | location=London | work=The Daily Telegraph | title=Baha Mousa public inquiry to examine allegations of torture in British custody | date=2009-07-13 | access-date=2018-04-02 | archive-url=https://web.archive.org/web/20101023151510/http://www.telegraph.co.uk/news/newstopics/politics/defence/5815301/Baha-Mousa-public-inquiry-to-examine-allegations-of-torture-in-British-custody.html | archive-date=2010-10-23 | url-status=dead }}{{cite news | first=Owen | last=Bowcott |author2=Richard Norton-Taylor | title=Inquiry into Iraqi civilian's death to hear of plot to keep ministers in dark over interrogation methods | date=2009-09-12 | url =https://www.theguardian.com/uk/2009/jul/12/baha-mousa-public-inquiry | work =The Guardian | access-date = 2009-07-14 | location=London}}

A final 1,400-page report said a "large number" of soldiers assaulted Mousa and that many others, including officers, must have known about the abuse. The report called his death an "appalling episode of serious gratuitous violence". The inquiry condemned the Ministry of Defence for "corporate failure" and the regiment for a "lack of moral courage to report abuse".{{cite news |url=http://www.darlingtonandstocktontimes.co.uk/news/9815159.Testimonials_for_accused_GP/ |title=Testimonials for accused GP |publisher=Darlington and Stockton Times |date=2012-07-13 |access-date=2013-02-24 |archive-url=https://web.archive.org/web/20130405215618/http://www.darlingtonandstocktontimes.co.uk/news/9815159.Testimonials_for_accused_GP/ |archive-date=2013-04-05 |url-status=live }}

Death

On 14 September 2003, Mousa, a 26-year-old hotel receptionist, was arrested along with six other men and taken to a British base. While in detention, Mousa and the other captives were hooded, severely beaten, and assaulted by a number of British troops. Two days later, Mousa was found dead. A post-mortem examination found that Mousa suffered at least 93 injuries, including fractured ribs and a broken nose, which were in part the cause of his death.{{cite news | url=http://news.bbc.co.uk/1/hi/uk/5360432.stm | title=British soldier admits war crime | work=BBC News | date=19 September 2006 | access-date=2006-09-23 | archive-url=https://web.archive.org/web/20060919191051/http://news.bbc.co.uk/1/hi/uk/5360432.stm | archive-date=2006-09-19 | url-status=live }}

=Investigation=

Seven members of the Queen's Lancashire Regiment were tried on charges relating to the ill treatment of detainees, including war crimes under the International Criminal Court Act 2001. On 19 September 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.{{cite news | url=http://www.timesonline.co.uk/article/0,,3-2365393,00.html | title=British soldier is first to admit war crime | author=Devika Bhat |author2=Jenny Booth | date=September 19, 2006 | work=Times Online | access-date=2006-09-23 | location=London}}{{dead link|date=September 2024|bot=medic}}{{cbignore|bot=medic}} He was subsequently jailed for one year and expelled from the army. The BBC reported that the six other soldiers were cleared of any wrongdoing,{{cite news | url=http://news.bbc.co.uk/1/hi/uk/6609237.stm | title=UK soldier jailed over Iraq abuse | work=BBC News | date=30 April 2007 | access-date=2007-04-30 | archive-url=https://web.archive.org/web/20070915051032/http://news.bbc.co.uk/1/hi/uk/6609237.stm | archive-date=2007-09-15 | url-status=live }} and the Independent reported that the charges had been dropped, and that 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."{{cite news|url=http://news.independent.co.uk/uk/legal/article2666413.ece |title=A bloody epitaph to Blair's war |work=Independent on Sunday |date=17 June 2007 |access-date=2007-06-18 |location=London |url-status=dead |archive-url=https://web.archive.org/web/20070619121716/http://news.independent.co.uk/uk/legal/article2666413.ece |archive-date=2007-06-19 }}

Court rulings based on this case

Colonel Jorge Mendonça – cleared of negligently performing a duty
Sergeant Kelvin Stacey – cleared of common assault
Lance Corporal Wayne Crowcroft – cleared of inhumane treatment
Private Darren Fallon – cleared of inhumane treatment
Corporal Donald Payne – admitted inhumane treatment, cleared of manslaughter and perverting the course of justice
Warrant Officer Mark Davies – cleared of negligently performing a duty {{Cite web |url=https://www.telegraph.co.uk/news/worldnews/middleeast/iraq/8727075/British-Army-cleared-of-systematic-abuse-by-Baha-Mousa-inquiry.html |title=British Army cleared of systematic abuse by Baha Mousa inquiry - Telegraph |date=27 August 2011 |access-date=2018-04-02 |archive-url=https://web.archive.org/web/20161024023849/http://www.telegraph.co.uk/news/worldnews/middleeast/iraq/8727075/British-Army-cleared-of-systematic-abuse-by-Baha-Mousa-inquiry.html |archive-date=2016-10-24 |url-status=live }}
Major Michael Peebles – cleared of negligently performing a duty {{cite news|title=Timeline: Iraqi abuse trial|url=http://news.bbc.co.uk/2/hi/uk_news/6360845.stm|access-date=8 September 2011|newspaper=BBC News|archive-url=https://web.archive.org/web/20111123122617/http://news.bbc.co.uk/2/hi/uk_news/6360845.stm|archive-date=2011-11-23|url-status=live}}

Breach of human rights

On 27 March 2008, British Defence Secretary Des Browne admitted to "substantial breaches" of the European Convention of Human Rights over the death of Mousa.[https://archive.today/20120719135200/http://www.belfasttelegraph.co.uk/news/local-national/article3558901.ece MoD admits human rights breaches over death of tortured Iraqi civilian, Belfast Telegraph, 28 March 2008] 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.{{cite news |url=http://news.bbc.co.uk/2/hi/uk_news/7500204.stm |title=Iraqis to get £3m in MoD damages |work=BBC News |date=2008-07-10 |access-date=2008-07-10 |archive-url=https://web.archive.org/web/20080719095054/http://news.bbc.co.uk/2/hi/uk_news/7500204.stm |archive-date=2008-07-19 |url-status=live }}

Public inquiry

File:Baha Mousa Public Inquiry Logo.png

A public inquiry, chaired by the retired Lord Justice of Appeal Sir William Gage, reported on 8 September 2011 after three years of investigation.[https://www.theguardian.com/world/2011/sep/08/baha-mousa-inquiry-recommendations Baha Mousa inquiry makes 73 recommendations] The Guardian, 8 September 2011 The report concluded British soldiers had subjected detainees to "serious, gratuitous violence".[https://www.telegraph.co.uk/news/uknews/defence/8751237/Baha-Mousa-inquiry-MoDs-guilt-for-death-of-Armys-Iraqi-prisoner.html Baha Mousa inquiry: MoD's guilt for death of Army's Iraqi prisoner] {{Webarchive|url=https://web.archive.org/web/20161229002106/http://www.telegraph.co.uk/news/uknews/defence/8751237/Baha-Mousa-inquiry-MoDs-guilt-for-death-of-Armys-Iraqi-prisoner.html |date=2016-12-29 }} The Telegraph, 8 September 2011 Army training manuals failed to explain that the five interrogation techniques used had been banned by the British since 1972 and were also illegal under the Geneva Convention.{{cn|date=September 2020}}

The inquiry again cleared Mendonca of knowledge of the attacks, but found that as commanding officer he should have known of them.[http://www.thejournal.ie/british-army-suspends-more-soldiers-following-baha-mousa-inquiry-221477-Sep2011/ British army suspends more soldiers following Baha Mousa inquiry] {{Webarchive|url=https://web.archive.org/web/20120924200359/http://www.thejournal.ie/british-army-suspends-more-soldiers-following-baha-mousa-inquiry-221477-Sep2011/ |date=2012-09-24 }} The Journal, 9 September 2011 Although the Queen's Lancashire Regiment were cleared of an "entrenched culture of violence", the inquiry found the violence used in the Baha Mousa case was not a lone example and identified 19 soldiers directly involved in the abuses, including those already unsuccessfully tried at previous Courts Martial. Lawyers for families of the victims suggested there was sufficient evidence for fresh prosecutions in the civilian courts.

Other enquiries

Derek Keilloh had treated Baha Mousa when he was a Medical Officer with the Queen's Lancashire Regiment. In December 2012, Keilloh was struck off the Medical Register after the Medical Practitioners Tribunal Service found him guilty of dishonest conduct in subsequent enquiries into Baha Mousa's death.{{cite news |url=https://www.bbc.co.uk/news/uk-england-20809692 |title=Baha Mousa death: Army doctor Derek Keilloh struck off |work=BBC News |date=21 December 2012 |access-date=2018-06-20 |archive-url=https://web.archive.org/web/20160403073345/http://www.bbc.co.uk/news/uk-england-20809692 |archive-date=2016-04-03 |url-status=live }}

References

External links

[https://www.theguardian.com/world/2010/apr/27/baha-mousa-inquiry-soldiers Soldiers viewed all Iraqis as 'scum', Baha Mousa inquiry hears] The Guardian, 27 April 2010
[http://news.bbc.co.uk/1/hi/uk/3931023.stm UK Troops beat Iraqi to death] BBC News
[http://webarchive.nationalarchives.gov.uk/20120809191124/http://www.bahamousainquiry.org/index.htm The Baha Mousa Public Inquiry Website Archived by The UK National Archives]

Category:Iraq War crimes by the United Kingdom

Category:Prisoners who died in British military detention

Category:Torture in the Iraq War

Category:Deaths by beating

Category:1970s births

Category:Year of birth missing

Category:2003 deaths

Category:Basra in the Iraq War

Category:Deaths by person in Iraq

Category:Iraqi murder victims

Category:Iraqi people who died in prison custody

Category:Iraqi torture victims