But then I saw the postmortem report and photographs of Baha Mousa. I can still feel the shock. They were visceral confirmation that this wasn’t. The work of the Baha Mousa Inquiry is now completed and the Report published. As of 31 December the Inquiry is closed. Baha Mousa was working as a receptionist in a hotel in Basra on the morning of The report said that British soldiers inflicted “violent and cowardly” assaults on .
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The details of the military police investigation and the legal hearings that followed needed to be laid out with precision. First, there was a farcical court martial. But then I saw the postmortem report and photographs of Baha Mousa.
A face distorted, almost unrecognisable, bloodied and swollen. Those arrested were detained and Mousa died on the evening of 15 September after being subjected to sustained and brutal treatment by British soldiers. The interveners made submissions on the practices of states during the occupation of foreign territory that could subvert the rule of law and state accountability and give rise to impunity for grave violations of human rights.
During the remitted Divisional Court proceedings, the Government conceded that the Public Inquiry should be established. Secretary of State for Defence and another Jurisdiction: But those soldiers who came to give evidence suddenly could bbaha longer remember what had happened; the judge advocate lamented the reprot amnesia that had set in and had little choice but to dismiss most of the charges.
A torso livid with huge swathes of bruising. He wrote once that: The Report contained 73 clear recommendations to the MoD.
Threads collapsed expanded unthreaded. Six were found not guilty. How could that have happened? Army doctor Derek Keilloh struck off”.
Mousa was brutally beaten by British soldiers at the base and he died of his injuries some thirty-six hours after his detention. B aha Mousa was just a name at first. Seven soldiers were prosecuted for the death, the ill-treatment of nine other prisoners held with Mousa, or neglect of duty. Two days later, Mousa was found dead. The Inquiry, which was limited to a particular battalion in Basra, did not find evidence of systematic torture committed by the British Army and instead singled out a number of soldiers for severe criticism.
A public inquirychaired by the retired Lord Justice of Appeal Sir William Gage, reported on 8 September after three years of investigation. On 14 SeptemberMousa, a year-old hotel receptionistwas arrested along with six other men and taken to a British base. Loading comments… Trouble loading? Shiner, the lawyer so instrumental in bringing the case of Baha Mousa to light, has led the claim that Britain has a duty to find out why and how these violations were allowed to happen.
Death of Baha Mousa – Wikipedia
There were all sorts of reasons why that may have happened. The Death of Baha Mousa”. It became a forensic detective story of sorts.
In December Keilloh was struck off the Medical Register, after the Medical Practitioners Tribunal Service found him guilty of dishonest conduct bzha subsequent enquiries into Baha Mousa’s death.
With that came the arguable contention that British law applied, law that included obligations under the Human Rights Act to investigate properly a death involving a state authority — in this case, the army. But I would like to think his underlying aim was to challenge indifference to the suffering of others. Wrists with rings of cut flesh. Al Skeini and others v.
Death of Baha Mousa
From Wikipedia, the free encyclopedia. Seven British soldiers were charged in connection with the case. Perhaps an even greater tragedy is that Baha Mousa wasn’t an isolated victim.
This page was last edited on 20 Juneat Order by newest oldest recommendations. Retrieved 8 September Since my book was published, more than 1, allegations of torture, unlawful killing, sexual assault and ritual humiliation have emerged. Archived from the original on On 19 SeptemberCorporal 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. Millions of pounds in compensation have already been paid to more than victims of abuse.
As Mousa’s killing achieved notoriety through the determination of Daoud MousaBaha’s father, not to let his son’s death go unnoticed, and Phil Shinerthe lawyer who brought the remarkable claim for judicial review in the high courtso the legal hearings came thick and fast, each producing more detail. While in detention, Mousa and the other captives were hooded, severely beaten and assaulted by a number of British troops. The seventh, Corporal Donald Payne, was convicted only because he pleaded guilty to inhuman treatment; he was sentenced to 12 months in prison.
Year of birth missing. Seeing those photographs made me intensely angry. 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 prior to his death.
The report called his death an “appalling episode of serious gratuitous violence”. The inquiry again cleared Mendonca of knowledge of the attacks, but found that as commanding officer he should have known of them. Decision reached Legal representation: In October Andrew T.