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Iraqi accused fight handover plan Iraqi accused fight handover plan
(about 1 hour later)
Two Iraqis accused of "executing" two British soldiers are to ask the High Court to prevent them being handed over to the Iraqi government for trial. Two Iraqis accused of "executing" two British soldiers are asking the High Court to prevent them being handed over to the Iraqi government for trial.
Faisal Al-Saadoon, 56, and Khalaf Mufdhi, 58, are accused of murdering Staff Sgt Simon Cullingworth and Sapper Luke Allsopp in March 2003.Faisal Al-Saadoon, 56, and Khalaf Mufdhi, 58, are accused of murdering Staff Sgt Simon Cullingworth and Sapper Luke Allsopp in March 2003.
The pair are in British custody in Iraq and have been granted legal aid to fight any handover to the Iraqis.The pair are in British custody in Iraq and have been granted legal aid to fight any handover to the Iraqis.
They claim they would not receive a fair trial and that they face torture. Their QC said they were in danger of torture and the death penalty.
'Unfair trial'
The British government wants to hand the accused over to the Iraqi authorities, but their lawyers are seeking a ruling the move would breach their human rights.
Lord Justice Richards and Mr Justice Silber are being asked to grant the men permission to seek judicial review.
Karon Monaghan QC, appearing for Al-Saadoon and Mufdhi, said there was "a real risk" of a "flagrantly unfair trial...and the death penalty thereafter".
The QC said they could also face "torture and inhuman and degrading treatment" both before and after their trials.
The Ministry of Defence, the Foreign Office and the Ministry of Justice say they have been given assurances at the "highest level" that both men will receive a fair trial and treatment, whatever the outcome of the case.
TV picturesTV pictures
The murder of Staff Sgt Cullingworth, 36, and Sapper Allsopp, 24, both members of 33 Engineer Regiment (Explosive Ordnance Disposal), caused anger in the UK, with the then prime minister Tony Blair saying the two men had been executed by the Iraqi Army.The murder of Staff Sgt Cullingworth, 36, and Sapper Allsopp, 24, both members of 33 Engineer Regiment (Explosive Ordnance Disposal), caused anger in the UK, with the then prime minister Tony Blair saying the two men had been executed by the Iraqi Army.
The soldiers were travelling as part of a convoy which was ambushed by Fedayeen militiamen on the outskirts of the town of Al Zubayr in southern Iraq on 23 March, 2003.The soldiers were travelling as part of a convoy which was ambushed by Fedayeen militiamen on the outskirts of the town of Al Zubayr in southern Iraq on 23 March, 2003.
While half the convoy escaped, Staff Sgt Cullingworth, who was married with two sons, and Sapper Allsopp were taken to a local Ba'ath party headquarters and then to an Iraqi intelligence base, where they were shot dead.While half the convoy escaped, Staff Sgt Cullingworth, who was married with two sons, and Sapper Allsopp were taken to a local Ba'ath party headquarters and then to an Iraqi intelligence base, where they were shot dead.
Photographs taken of the soldiers at the compound as they lay dying, surrounded by a baying mob, were later shown on the Arabic TV channel al-Jazeera.Photographs taken of the soldiers at the compound as they lay dying, surrounded by a baying mob, were later shown on the Arabic TV channel al-Jazeera.
The soldiers' graves were discovered a month later and their bodies were exhumed.The soldiers' graves were discovered a month later and their bodies were exhumed.
'Death sentence' But one of the families of the British dead has written to the Iraqi court and asked for clemency in the event that the former Iraqi soldiers are found guilty.
The British government wants to hand the accused over to the Iraqi authorities, but their lawyers are seeking a ruling the move would breach their human rights.
Phil Shiner, of Public Interest Lawyers, said both men were entitled to protection from inhuman and degrading treatment under Article 3 of the European Convention on Human Rights.
He said the Iraqi judiciary "have a track record of sentencing people to death and we, the UK, have a policy of not handing over people to a jurisdiction if there is a risk of the death penalty being applied".
Lord Justice Richards and Mr Justice Silber will be asked to grant the men permission to seek judicial review.
The Ministry of Defence, the Foreign Office and the Ministry of Justice say they have been given assurances at the "highest level" that both men will receive a fair trial and treatment, whatever the outcome of the case.
One of the families of the British dead has written to the Iraqi court and asked for clemency in the event that the former Iraqi soldiers are found guilty.