Mousa witnesses granted immunity

http://news.bbc.co.uk/go/rss/-/1/hi/uk/7671567.stm

Version 0 of 1.

Witnesses giving evidence to an inquiry into the death of Iraqi Baha Mousa have been told they will not have it used against them in criminal proceedings.

Sir William Gage, chairman of the public inquiry, said the aim of the move was to help the "fullest and frankest" account of events to emerge.

Hotel receptionist Mr Mousa, 26, died in British army custody after being detained in Basra in September 2003.

The inquiry into his death is due to start hearing evidence next spring.

Sir William told a pre-inquiry hearing: "No person giving evidence before me need fear that his or her evidence can itself be used as evidence against him or herself in any criminal proceedings."

The inquiry secretary later stressed this immunity from prosecution only applied to the evidence given by witnesses themselves.

They could still be prosecuted if other people with credible evidence about Mr Mousa's death come forward to the inquiry.

Sir William said the undertaking had been granted by Attorney General Baroness Scotland.

Appeal case

Mr Mousa, a hotel receptionist, died after he was taken into custody.

I am under no illusions as to the magnitude of the task ahead Sir William Gage, Inquiry chairman

His post-mortem examination showed he suffered asphyxiation and had some 93 injuries to his body.

A public inquiry was announced following a Law Lords ruling in 2007, resulting from an appeal case, that the UK's Human Rights Act applied to Mr Mousa because he had been detained by British forces.

Cpl Donald Payne was jailed for a year in 2007 after pleading guilty at a court martial to inhumanely treating civilian detainees in Basra in 2003.

Six other soldiers were cleared of the alleged abuse of the detainees, who included Mr Mousa.

Sir William said the inquiry would be primarily concerned with the death or Mr Mousa, and the treatment of others detained with him in Basra by the 1st Battalion The Queen's Lancashire Regiment.

He said: "The gravity and importance of the events that this inquiry is to investigate require little explanation.

"The courts, and the public in general have long recognised that the death of any person in the custody of the state in any circumstances other than by natural causes is always a ground for serious concern."

He added: "I am under no illusions as to the magnitude of the task ahead."

'Fairness and justice'

Sir William said the inquiry would be carried out in four stages, focusing on the history of "conditioning techniques"; what happened to Mr Mousa and the other detainees; what army training and orders were given; and recommendations for the future.

He said he "would not hesitate" to use powers to force witnesses to attend the inquiry or come forward with documents.

Sir William said the gathering of evidence was already under way, and that the inquiry team had become aware of the extent and scale of the "vast" documentation involved.

This meant it would not be possible to hear the openings and evidence before spring next year.

He said he was determined the inquiry should carry out its work "efficiently, effectively and expeditiously", but that the need for fairness and justice would be "at the forefront of my mind every step of the way".