Accused appeal against Iraq trial

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Two Iraqis accused of killing British soldiers have appealed against a decision to hand them over for trial in Iraq and a possible death sentence.

Two High Court judges had ruled Faisal Al-Saadoon and Khalaf Mufdhi could be tried in Iraq, but were "seriously troubled" due to the risk of execution.

The men are accused of murdering Staff Sgt Simon Cullingworth and Sapper Luke Allsopp in Iraq in March 2003.

Injunctions are in place preventing their transfer pending the appeal.

'Perplexity and importance'

Lawyers for the two accused men, who are currently being held in Basra in British hands, have argued allowing them to stand trial under Iraqi authorities would violate both the European Convention on Human Rights and the 1998 Human Rights Act.

Their counsel, Karon Monaghan QC, told Lord Justice Waller, Lord Justice Laws and Lord Justice Jacob the two-day case involved issues of "great perplexity and importance".

"This is not a question of letting these men off the hook," she said.

They can be tried here, if that was thought a way of effecting some justice Karon Monaghan QC

"If there is an obligation to protect them under Article One [of the European Convention on Human Rights] they can still subject them to trial safely here."

Ms Monaghan added: "We simply say that, as a matter of law, the right to try them here exists.

"Of course they stand accused of very grave and serious offences indeed, but that is not a reason for depriving them of protections under the Convention - if they enjoy them - and they can be tried here, if that was thought a way of effecting some justice."

Ms Monaghan said their case hinged on whether the men fell within the jurisdiction of the UK for the purposes of Article One of the Convention and accordingly the Human Rights Act.

She added that under international law the UK was required to protect the men from the risk of torture or inhuman or degrading treatment, such as execution in Iraq which is done by hanging.

It is expected the judges will not issue a decision immediately and the case will be argued before the House of Lords or the European Court of Human Rights.

The men's case is contested by the secretary of state for defence.