The Secretary of State for Defence conceded in the High Court yesterday that there needs to be a further investigation into the deaths of 20 Iraqis in Majar Al Kabir and into allegations of mistreatment made by a number of detainees.
The allegations centre around a now notorious incident which took place in Majar Al Kabir in South-East Iraq on 14-15 May 2004. The Ministry of Defence has so far taken the line that 20 Iraqi men, whose corpses were handed over the day after the battle, had been killed during the fighting and that only nine prisoners had been taken into detention alive. Local Iraqis on the other hand state that they witnessed men being taken from the battlefield alive, only for their corpses to be delivered to the Iraqi authorities the following day.
The judicial review proceedings, which resulted in yesterday’s concession, are being brought by Phil Shiner of Public Interest Lawyers.
The government was forced into the embarrassing U-turn after it disclosed further documents relevant to the case on 30 June 2009, nearly two months after the High Court hearing had begun. The documents revealed that Iraqi detainees, including the Claimants, had complained to the Red Cross at the time about being mistreated and that those complaints had been forwarded to government minsters in Whitehall. The Ministry of Defence had previously denied that the men had complained about their treatment during their detention.
The Secretary of State for Defence was forced to admit that, in light of the new evidence, their searches for documents could no longer be said to be effective and, in the circumstances, is proposing that there be a fresh investigation into the allegations.
Leigh Day & Co is instructed by the same Claimants in respect of civil damages claims against the British government for their maltreatment. Martyn Day, senior partner of Leigh Day & Co, who represents the Claimants, commented as follows:
“Yesterday’s announcement by the Secretary of State is a big step forward in itself. Since meeting with our clients last year, Phil Shiner and I have been determined that no stone should be left unturned when it comes to getting to the truth of what happened. Credit has to go to Public Interest Lawyers for persevering in such frustrating circumstances. We now look forward to seeking redress for our clients both in terms of an effective and independent inquiry into these most serious of allegations and appropriate reparations for the harm caused.”
For more information please contact
Anna Crowther on 020 7650 1200.