External articles > Law in Iraq

External articles filtered for: "Law in Iraq"

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The following compilation of articles from external sources is presented in the hope that they will be useful but Clarion is not responsible for their content.

International Human Rights Law

Public Interest Lawyers website, Last-Modified header 28 Jun 2005

This is an an undated article on the website of Public Interest Lawyers (the firm of Phil Shiner). Amongst other things it contains links to witness statements they have about the torture and killing of prisoners in Iraq, including Baha Mousa.

Full article on www.publicinterestlawyers.co.uk

Iraq Litigation - Judgment delivered in High Court on 14.12.04

Public Interest Lawyers website, Last-Modified header 28 Jun 2005

This is an an undated article on the website of Public Interest Lawyers (the firm of Phil Shiner) about the judgment delivered by the High Court in the judicial review action that the firm brought concerning to application of the Human Rights Act 1998 to occupied Iraq.

Full article on www.publicinterestlawyers.co.uk

Iraq Legal Backgound

Public Interest Lawyers website, Last-Modified header 28 Jun 2005

This is an an undated article on the website of Public Interest Lawyers (the firm of Phil Shiner) about the legal background to the judicial review action that the firm brought concerning to application of the Human Rights Act 1998 to occupied Iraq.

Full article on www.publicinterestlawyers.co.uk

Our military won't find itself guilty

Phil Shiner Friday 6 May 2005 The Guardian

Comment by Phil Shiner, a Birmingham lawyer. Amongst other things he outlines his attempt in February 2005 to bring "compelling and highly relevant" evidence before a British court martial taking place in Osnabruck, Germany. The court martial concerned events at British "Camp Breadbasket" in Iraq.

Full article on www.guardian.co.uk

Troops could face trial after human rights ruling

Richard Norton-Taylor Wednesday December 15, 2004 The Guardian

The Guardian reports a "landmark" High Court judgement delivered yesterday by Lord Justice Rix and Mr Justice Forbes. They said that British troops were "in effective control" of the prison in Iraq where Baha Mousa died, which meant that the Human Rights Act applied. They found, however, that it did not apply to the deaths of five others whose families were parties to the action. Both sides were granted leave to appeal. The court criticised the army's investigation. This article also has some quotes in reaction to this judgement.

Full article on www.guardian.co.uk

We can hold our military to account

Phil Shiner Wednesday December 15, 2004 The Guardian

Phil Shiner writes on the victory for his clients that the High Court judgement delivered yesterday represents and explains what it means. He recaps the case of Baha Mousa who, according to a witness, was systematically beaten and tortured to death in captivity by British soldiers over a period of three days. He also notes: "Over the 19 months since the first death in the 40 cases of killings and torture in which I act, not one soldier has been charged."

Full article on www.guardian.co.uk

Army to feel impact of Mousa judgment

Jon Silverman Legal affairs analyst, BBC

Amongst other things, Silverman describes the judgement of the Appeal Court as a "limited victory". This is because the court was invited to rule that "all of the territory of south-east Iraq under the de facto control of British troops fell within the scope of the European Human Rights Convention." and it did not do so. He also says that Phil Shiner and others have argued that the British forces operate within a "legal black hole" (apparently meaning beyond the reach of all law). In disagreeing with this, the armed forces minister Adam Ingram has pointed out what "theoretical sanctions" exist but Silverman declines to pass on this information. This is an article that makes little sense unless you already know what Silverman is talking about, in which case there is little point in reading it.

Full article on news.bbc.co.uk

High court judgement of 14 December 2004

Neutral Citation Number: [2004] EWHC 2911 (Admin) Case No: CO/2242/2004 THE QUEEN - on the Application of - MAZIN JUMAA GATTEH AL SKEINI and others -Claimants - and - THE SECRETARY OF STATE FOR DEFENCE - Defendant -and- The Redress Trust - Intervener

Second paragraph of summary

This judgment is only concerned with two preliminary issues: (1) whether the deaths took place within the jurisdiction of the United Kingdom so as to fall within the scope of (a) the Convention and (b) the Act; and (2) whether, if so, there has been a breach of the requirements under articles 2 and 3 of the Convention regarding an adequate enquiry into those deaths.
After the judgment this document was available at http://www.hmcourts-service.gov.uk/judgmentsfiles/j2980/al_skeini-v-ssfd.htm

Now (2017) the whole website has disappeared and this High Court judgement does not seem to be avaiable on any .gov.uk website (according to the search engines).

Judgment on redress.org (PDF)

A glimpse on web.archive.org of the old page on .gov.uk before it disappeared into the Orwellian memory hole.

Soldiers arrested after Iraqi beaten and drowned

Vikram Dodd Thursday August 26, 2004 The Guardian

Dodd reports that at least two soldiers have been arrested by the Royal Military police investigating the death of Ahmed Jabbar Kareem, 17, who allegedly died after being beaten by British soldiers and ordered to swim across the Zubair river in Basra, Southern Iraq, where he drowned. This report then quotes the words of Jabbar Kareem Ali, the victim's father, from a mysterious "statement seen by the Guardian". According to these quotations, army investigators have interviewed him, exhumed his son's corpse, taken a key witness - Ayad Salim Hannon - to British Army Headquarters for ten hours, and an officer has told him that they have arrested four men. (Dodd does not then say how The Guardian then arrived at the figure of "at least two".) There is a quotation from Phil Shiner, the father's solicitor, and quotations from MoD, which refused to provide any useful information at all. The article also mentions that four soldiers from Royal Regiment of Fusiliers are to be court-martialled and that Scotland Yard is investigating a death.

Full article on www.guardian.co.uk

UK troops 'beat Iraqi to death'

BBC, 28 July 2004

Description of a case in the High Court, with a picture of witness Kifah Al-Mutari, a survivor of imprisonment at a British military base called Darul Dhyafa. The court has to decide whether the Human Rights Act 1998 applied to troops in South Eastern occupied Iraq and whether there should be an independent inquiry to investigate deaths of Iraqis at the hands of British troops. There are six test cases, but this report describes only that of Baha Mousa. It mentions the Queen's Lancashire Regiment and the Kings Regiment. The report quotes Rabinder Singh QC, appearing for the victims, reading from a witness statement of Kifah Al-Mutari and in parts is ambiguous as to whether it is quoting Kifah Al-Mutari in court, or quoting his witness statement. The report also has extracts from the witness statement of the dead man's father, Daoud Mousa, on the state of his son's body after he had been killed.

Full article on news.bbc.co.uk

Iraqis' battle for justice begins in high court today

Owen Bowcott, Guardian, 28 July 2004

Third paragraph:

The judicial review by the high court of six test cases of Iraqis allegedly killed by servicemen in the British-controlled sector of southern Iraq after the war ended has been sought in an attempt to overturn the government's refusal to order an independent inquiry into the death of Iraqi civilians.

Full article on www.guardian.co.uk

Army may lose right to stop charges

Joshua Rozenberg, Legal Editor, Telegraph, 12 June 2004

This report covers a mixture of topics. It mentions that Phil Shiner was on BBC Radio 4 yesterday and quotes some of the things he said. It says that last month "MPs" were misinformed about the number of cases being investigated by the "service police" in Iraq. The figure given by Adam Ingram and confirmed by the Prime Minister was 33 while the correct figure was 61 and it has since risen to 75. The Telegraph does not give any reason for the misinformation. It also mentions a case where after investigation of possible unlawful killing in Iraq, the soldier's commanding officer dismissed the case. However the Army Prosecuting Authority referred the case to the Attorney General and last month Lord Goldsmith announced that after further investigations by Scotland Yard, the Crown Prosecution Service will decide whether to prosecute.

Full article from telegraph.co.uk preserved on archive.org

End this lawlessness

Phil Shiner Thursday June 10, 2004 The Guardian

Phil Shiner, a solicitor acting in the cases of 20 Iraqis killed or injured by British troops, outlines the case of Baha Mousa, mentions a few other cases and explains the significance of the forthcoming High Court case scheduled for 28-30 July 2004.

Full article on politics.guardian.co.uk

Bereaved Iraqi families seeking 'justice'

Andrew Clennell, Telegraph, 6 May 2004

Includes some quotations of statements made by solicitor Phil Shiner after lodging an application for judicial review at the High Court yesterday. This report also gives very brief details of a few of the people involved in the action. It also mentions some investigations in Basra by Shiner's colleague, Mazin Younis.

Full article on archive.org from www.telegraph.co.uk

Payout claim for civilians shot in Basra

Richard Norton-Taylor, The Guardian, Saturday 28 February 2004

Phil Shiner of Public Interest Lawyers is bringing a case to the High Court and it is expected to be heard next month. The exact details of the case are completely opaque in this article, but it is something to do with compensation for Mazin Jumah Gatteh whose brother Hasim was gunned down in the street by British troops as was another man Abed Abdul-Kareem Hassan, in the Majidiya district of Basra in August 2003. This article includes extracts of a witness statement from Gatteh and of an apologetic letter from Lieutenant-Colonel Ciaran Griffin, commander of the 1st Battalion, the King's Regiment, written to the Beni Skein tribe. It also reports some details of money that Griffin said he had "donated" to the families of the victims.

Full article on www.guardian.co.uk

Troops accused on Iraq killings

Richard Norton-Taylor Saturday February 21, 2004 The Guardian

The Guardian reports that the MoD is facing the "threat" of (unspecified) legal action over the deaths of at least 18 Iraqis allegedly killed by British soldiers. It reports some names of victims with a few details: Waleed Fayayi Muzban, Raid Hadi Al Musawi, Hanan Shmailawi, Muhammad Abdul Ridha Salim, Jaafer Hashim Majeed. There is a quote from Phil Shiner, acting in these and other cases (he says the 18 are the "tip of the iceberg") and a quote from Adam Price, MP, who has asked parliamentary questions.

Full article on www.guardian.co.uk

British soldiers face new charges of Iraq brutality

Andrew Johnson and Robert Fisk, Independent on Sunday, 15 February 2004, page 1

This article repeats the story of Baha Mousa but it's difficult to see what it adds to Fisk's original reports of 4 January 2004. The article also reports that the MoD is investigating a death that has not been reported before. Ather Karem al-Mowafakia died in British custody on 29 April 2003. There are some quotations of Adam Price, MP who says that Jack Straw told him that if he goes to Iraq to make further inquiries he "will be killed". This front page article points to the report on page 11. (This synopsis was made from the printed newspaper.)

First paragraph etc on news.independent.co.uk

Did British soldiers lose all control and decency at the notorious Camp Bucca?

Andrew Johnson and Robert Fisk, Independent on Sunday, 15 February 2004, page 11

Amongst other things, this article reports that twenty two MPs have called for an independent inquiry into Baha Mousa's death. Harry Cohen, MP said this should be extended to all deaths in custody. It summarises the story of Baha Mousa, with a new detail that last week an army spokesman had confirmed that on the date of Mousa's arrest a soldier had been found with a large sum of Iraqi money and had been disciplined. The significance of this is explained. The article reports that the British military investigations have been started into 37 civilian deaths since the end of the war. Of these, according to the MoD, 19 were "insurgents", killed under Rules of Engagement, 3 were road accidents, 9 were shot during demonstrations, and 6 died in custody. The MoD has released the names of the 6 who died in prison and one other who died in prison during the war. With the dates of death these are: Ather Karen al-Mawafakia (29 April 2003), Radhi Natha (8 May 2003), Abd Al Jubba Mousa (17 May 2003), Ahmad Jabber Kareem (8 May 2003), Said Shabram (24 May 2003), Hassan Abbad Said (4 August 2003) There are some quotes from Adam Price MP, and Kate Allen, of Amnesty International. The article reports on Camp Bucca prison quoting an email from an American soldier who wrote that prisoners had been shot during riots and quoting a former prisoner Rahad Naif on riots. There are some photographs, including the base of the Queens Lancashire Regiment in Yorkshire, showing an entrance sign that reads "headquarters 19 mechanized brigade and catterick garrison". (This synopsis was made from the printed newspaper.)

First paragraph etc on news.independent.co.uk

Inquiry launched into death of PoW

Andrew Clennell, Independent, 11 February 2004, page 2

A strange article, recycling a report from the Sun about a prisoner who died in British custody. The (few) details sound remarkably similar to the case of Baha Mousa, except that the name given is Al-Maliki. The Independent provides no explanation for presenting second-hand information from the tabloid press without any reference to its own reports published more than a month earlier. Clennell does report that a MoD spokeswoman confirms that a "prisoner of war" has died in British custody. This article is not to be found on the Independent's web site.

Soldiers may be charged over Iraqi death in custody

Andrew Johnson, Independent on Sunday, 8 February 2004, page 2

This article reports that military police have been investigating 6 deaths of civilian prisoners held by the British in Basra. One case has been referred to the Army Prosecuting Authority. Following parliamentary questions from Harry Cohen and Adam Price the MoD has named "the other" (and it is not clear in the article what that means) dead: Ahmed Jabber Kareem, Said Shabrahm and Hassan Abbad Said. No further action is to be taken in the case of Radhi Natna. Other victims mentioned are Abd al-Jabbar Mousa and Baha Mousa. The article concludes by saying that at Christmas the British opened their own prison in Basra and previously their prisoners had been taken to the American Camp Bucca at Um Qasr. (This synopsis was made from the printed newspaper.)

Full article on independent.co.uk

MoD investigates nine more deaths of Iraqi civilians

Andrew Johnson, Independent on Sunday, 11 January 2004, pages 1, 2

This article reports that the in addition to the case of Baha Mousa the Special Investigations Branch of the Royal Military Police is investigating 9 other cases of deaths of civilians. Adam Ingram, the armed forces minister, said that 17 cases of deaths caused by British troops had been referred to the Royal Military Police. This was in response to questions asked last week by Adam Price, MP. The article mentions two victims: Radi Nu'ma and Abd al-Jabbar Mossa. It contains some indirect quotations of Price. (This synopsis was made from the printed newspaper.)

Full article on independent.co.uk

British soldiers 'kicked Iraqi prisoner to death'

Robert Fisk, Independent on Sunday, 4 January 2004, page 1

First paragraph: "Exclusive by Robert Fisk in Basra Eight young Iraqis arrested in Basra were kicked and assaulted by British soldiers, one of them so badly that he died in British custody, according to military and medical records seen by The Independent on Sunday."

Fisk reports that British military authorities offered the relatives of the man who was killed $8,000 in compensation and that the Special Investigation Branch of the army opened an investigation. The Independent on Sunday has copies of both a death certificate for Baha Mousa - which says that he died of "asphyxia" - and a document from a British hospital that says fellow prisoner Kifah Taha suffered injuries from a severe beating. The article includes a picture of the top part of the letter offering compensation. Some more documents appear on the full report on page 16. (Note this synopsis was made from the printed newspaper.)

This report was at http://news.independent.co.uk/world/fisk/story.jsp?story=477915 By 2017 it appears to have been moved to a long url on www.independent.co.uk

First paragraph on archive.org archived from news.independent.co.uk

'The British said my son would be free soon. Three days later I had his body'

Robert Fisk, Independent on Sunday, 4 January 2004, page 16

Subheading: "Robert Fisk reports from Basra on the 'death in custody' of the son of an Iraqi police colonel and evidence that he was savagely and deliberately beaten to death by British soldiers" Expanding on the report on page 1, this long report includes facsimiles of 4 documents: a letter of condolence from Brigadier William Moore, commander of the British Forces, a death certificate, a "wound assessment and evaluation form" of Frimley Park Hospital NHS Trust, a letter on British Army letter heading from Major James Ralph to another doctor. There are also photographs of Baha Mousa and his family, including his two small children, now orphaned. Fisk reports that an inquiry (case number 64695/03) was opened on 18 September 2003 by 61 section of the 3rd Regiment, Royal Military Police's Special Investigation Branch for which Staff Sergeant Jay was named as chief investigating officer by Captain G Nugent. (Note this synopsis was made from the printed newspaper.)

This report was at http://news.independent.co.uk/world/fisk/story.jsp?story=477908 By 2017 it appears to have been moved to a long url on www.independent.co.uk

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