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May 5, 2004, Scotsman 'TORTURE' PICTURE TROOPS FACE IRAQ DEATH CHARGES Gethin Chamberlain Defence Correspondent SOLDIERS from the regiment at the heart of the furore over the torture of Iraqi prisoners are facing charges in connection with the death of a waiter in the southern city of Basra. An investigation into the death of Baha Mousa has concluded that there is a case for soldiers from the Queen's Lancashire Regiment (QLR) to answer. Mr Mousa's relatives - and the families of 13 other Iraqis alleged to have been killed by British forces - will today lodge papers at the High Court demanding a judicial review of the cases. The families, who are demanding compensation, intend to bring test cases to establish whether UK armed forces in Iraq are subject to the Human Rights Act 1998. Their lawyers are also demanding a wide-ranging inquiry into the deaths, which they say could extend to an examination of the planning and preparedness for the post-war period and for the war itself. Mr Mousa was arrested last September by QLR soldiers searching for weapons. Witnesses say that a hood was placed over his head and his wrists were bound before he was kicked and beaten by the soldiers. The case is just one of 33 investigations into civilian deaths, injuries and ill-treatment involving British troops. They include allegations that a prisoner in the custody of the Royal Regiment of Fusiliers was partially stripped, tied up and gagged, before being suspended from a forklift truck. The Army Prosecuting Authority is considering charges in that case, but 15 other allegations have been thrown out after investigators decided there was no case to answer. The current row was triggered by the publication in the Mirror newspaper of photographs which purported to show soldiers from the QLR urinating on a hooded prisoner, as well as beating and kicking him. The authenticity of the images has been thrown into considerable doubt, but allegations that soldiers from the regiment were involved in mistreating prisoners are being taken seriously. Yesterday, the government made clear that any soldiers found to have been involved in the abuse of prisoners would be dealt with severely. Jack Straw, the Foreign Secretary, said military personnel would face "serious" punishment if the photographs are genuine. Speaking after talks with Ahmed Maher, Egypt's foreign minister, Mr Straw said: "The allegations are taken extremely seriously, and if found to be true, then the appropriate action will also be serious." Comments from Mr Maher made clear just how seriously the allegations were being treated in the Arab world. Describing the disputed photographs as "despicable", he also urged the United States administration to punish their troops who had been pictured abusing prisoners. Those images had "revolted everybody in the world", he said. "It is clear that when you advocate human rights you should be the first to implement them and make sure they are not being trampled by soldiers who are supposed to have come to put an end to an era of mistreatment," added Mr Maher. In a statement to the House of Commons, Adam Ingram, the armed forces minister, said the priority was to establish the truth as quickly as possible. "If British soldiers are found to have acted unlawfully, then appropriate action will be taken. We are determined to leave no stone unturned," he said. The claims were already undermining the work of the armed forces trying to restore stability in Iraq, he said. "These allegations have been put right across the Arab world and also into Iraq," he told MPs. "There is always a question of lives being put at risk because of what may prove to be unfounded allegations, so it is on the conscience of those who run it in this way." While Mr Ingram said that the Ministry of Defence had taken the photographs at face value, he confirmed that the Special Investigations Branch (SIB) of the Royal Military Police was examining their authenticity. The Mirror had so far handed over some 20 photographs to the MoD, he added. In its editorial yesterday, the newspaper said that it had "no doubt" the photographs were genuine and that the story they revealed was "as real as it is horrifying". But Mr Ingram urged the paper to pass on the names of the two QLR soldiers who had made the allegations so their claims could be investigated. "I have every confidence that anyone who has relevant information will be treated fairly and lawfully and that his or her rights will be fully respected," he said. "That is why I hope the Mirror will reconsider its position and assist the investigating authorities in getting to the bottom of these most serious allegations." The SIB has launched a three-pronged inquiry, following up lines of investigation in the UK, Iraq and Cyprus where the regiment is based. The allegations, and the publication of the photographs, have come at a difficult time for British forces, who have been under increasing pressure in southern Iraq. Senior officers and soldiers from all ranks have expressed anger at the damage done to their reputation. But the reputation of British troops will come under further scrutiny today, when lawyers representing the 14 families of Iraqis alleged to have died at the hands of British forces are due to lodge papers at the High Court in London seeking a judicial review. The lawyers include a barrister from Matrix Chambers - the chambers of the Prime Minister's wife, Cherie Booth - and the Birmingham-based Public Interest Lawyers. If the courts rule in their favour, the lawyers will argue that, as a matter of law, there should be an independent inquiry into the deaths in the UK. In a statement, they said: "Such an inquiry may examine the extent of planning and preparedness of the occupation, and thus, for the Iraq war itself." Yesterday, the US-appointed human rights minister in Iraq said he had resigned to protest about abuses of Iraqi detainees by US guards. Abdul-Basat al-Turki said he quit "not only because I believe that the use of violence is a violation of human rights, but also because these methods in the prisons means that the violations are a common act". He added that he had complained in December about human-rights violations by Americans to Paul Bremer, the top US administrator in Iraq. Iraqis have been outraged by photographs of abuse of detainees at Abu Ghraib prison in Baghdad, allegedly showing prisoners stripped and sexually humiliated by their US guards.
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................................................................................................................. Copyright ©2004 Gethin Chamberlain. All rights reserved. |
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