Dawood Mousa Al-Maliki, father of Baha Mousa (deceased) an Iraqi civilian who was tortured to death by British Forces in Iraq in September 2003 welcomes today’s announcement in parliament by Secretary of State for Defence, Des Browne, that there will be a public inquiry into the brutal death of his son.
Father of two, Baha Mousa, was noted as having 93 injuries at the time of his death, about 36 hours after his arrest. He had so many injuries that his exact cause of death has not yet been determined. He and the nine other Iraqi detainees had been subjected to a prolonged vicious assault of beatings, abuse and “conditioning” techniques during their detention by British soldiers, in Basra, southern Iraq. The mal-treatment included the use of techniques which had been banned by the Heath Government in 1972 including: hooding; stressing; and sleep, food and water deprivation. The 9 survivors were all eventually released without charge.
The terms of reference of the inquiry are yet to be decided, but it is expected that they will include an examination of how and why the previously banned detention and interrogation techniques were used by British Forces in Iraq.
Leigh Day & Co solicitors are representing Dawood Mousa Al-Maliki, and 8 other Iraqi civilians who were detained and maltreated along with Baha Mousa, in their damages claims against the Ministry of Defence.
In March 2008, the Ministry of Defence admitted the Baha Mousa’s right to life and right not to be subjected to torture (as protected by Articles 2 and 3 of Schedule 1 to the Human Rights Act 1998) had been breached and that the Article 3 rights in respect of the other detainees had also been breached.
The damages claims are due to be mediated in London on 3-4 June 2008, with Lord Woolf, the former Lord Chief Justice appointed as mediator. Ironically, the announcement of the public inquiry comes shortly after Dawood Al-Maliki was informed that he may be denied entry clearance to attend the meditation because he had previously worked for the Iraqi police force under Saddam Hussein’s regime.
Speaking from Basra today, Dawood Mousa commented, “I am happy to hear that a public inquiry will finally be held into my son’s brutal death. This is something that I have wanted ever since his death, so that the whole world knows the truth about what happened and there is justice for what was done. However, I am incensed to hear that I may be refused entry clearance to the UK. How else am I supposed to participate in the mediation and inquiry? I had been forced to retire from the Basra police force in 1991, partly for being a Shia Muslim and refusing to join Saddam Hussein’s Ba'ath Party. I only rejoined the police force in October 2003, about a month after Baha's death. My life has been devastated by the British Army, but what harm have I done to the British people? I have already lost my son, I am not prepared to lose my right to participate in the legal process regarding his death.”
Sapna Malik, partner at Leigh Day & Co, comments “We are delighted that the Government has finally announced its agreement to an independent inquiry being held into this deeply disturbing episode of the British Army and we applaud the immense efforts of Phil Shiner of Public Interest Lawyers in pushing for this. Many pressing issues need to be addressed at the inquiry, which impact not only on this case but many other cases involving the British Army, which have arisen out the Iraq conflict. A key part of the inquiry and mediation into this matter will be the full participation of the victims. This makes the prospect of entry clearance into the UK being denied to Dawood Al Maliki all the more incongruous. We hope that, for once, there will be joined up Government thinking on this.”
For further details please contact
Sapna Malik on 020 7650 1222.
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