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UK concedes new Basra death probe UK concedes new Basra death probe
(about 1 hour later)
The defence secretary has conceded there is a need for a new investigation into the deaths of 20 Iraqis in Basra in 2004, the High Court has heard. The defence secretary has conceded there is a need for a new investigation into the deaths of 20 Iraqis in Basra in 2004, the High Court has been told.
Lawyers for the six Iraqis produced medical evidence they said backed their call for an independent public inquiry, but judges have yet to rule on it. Six Iraqis are calling for a public inquiry into claims of torture and murder, but judges have yet to rule.
The government had said the dead were killed on the battlefield and that military police had investigated. Bob Ainsworth has apologised for the MoD failure to provide enough evidence, with one judge calling the case so far "a complete waste of time" and money.
It made the concession after failing to provide enough details to the court. The MoD says the dead were killed on the battlefield and denies wrongdoing.
The Ministry of Defence denies wrongdoing by British soldiers, and the Royal Military Police inquiry rejected the allegations of murder, torture and mutilation. The government had also maintained that the Royal Military Police (RMP) had already investigated fully, and had rejected the allegations of murder, torture and mutilation.
[The secretary of state is proposing] an investigation of the murder of Iraqi detainees... and specific allegations by five Iraq nationals of ill-treatment Clive Lewis, QC for UK government The secretary of state profoundly regrets these failures - [he] apologises to the court for the difficulties that these failures have created Hugh Giles, Treasury Solicitor's department
It was alleged Iraqi civilians were detained following "the battle of Danny Boy" - a fire fight between British soldiers and Iraqi insurgents near the town of Al Majar-al-Kabir, in Maysan Province, on 14 May 2004. The Iraqis argue the RMP investigations were flawed and inadequate.
But lawyers for the Iraqis produced evidence in court they said supported allegations the captives were taken to British base Camp Abu Naji, where they were tortured, murdered, and their bodies mutilated. The defence secretary's concession does not necessarily mean the Iraqi group will be granted their wish of a public inquiry, on which the judges have yet to make a decision.
Five of the six applicants allege they were themselves mistreated by British forces after being caught up in the fire fight and detained. The case is centred on allegations that Iraqi civilians were detained following "the battle of Danny Boy" - a firefight between British soldiers and Iraqi insurgents near the town of Al Majar-al-Kabir, in Maysan Province, on 14 May 2004.
Defence Secretary Bob Ainsworth conceded at the High Court there was insufficient information for judges to be able to make a fully-informed decision on the allegations, so a separate investigation was needed. Lawyers for the Iraqis produced medical evidence in court that they said supported allegations the captives were taken to British base Camp Abu Naji, where they were tortured, murdered, and their bodies mutilated.
Clive Lewis QC, for the government, said the secretary of state "profoundly regretted" a failure to make documents available to the court in good time. Five of the six applicants allege they were themselves mistreated by British forces after being detained.
The secretary of state was therefore proposing "an investigation of the murder of Iraqi detainees at Camp Abu Naji in Southern Iraq on the night of May 14-15 2004 and specific allegations by five Iraq nationals of ill-treatment," he said. The government says the RMP investigation shows that the bodies were taken back to camp so that insurgent ring-leaders - believed to be responsible for earlier attacks on British forces - could be identified.
The case is ongoing. The MoD says that just nine Iraqis were detained at Camp Abu Naji - and that all left the British base alive.
This is an extremely worrying situation Lord Justice Scott Baker
The case is being heard by Lord Justice Scott Baker, Mr Justice Silber and Mr Justice Sweeney.
When told of the defence secretary's concession - that there should be fresh investigations compliant with human rights laws - Lord Justice Scott Baker said the court hearing had to date been "a complete waste of time - at vast expense".
He said the court was "concerned" that the government had initially sought to withhold information on the grounds that disclosure would be damaging to the public interest.
A public interest immunity certificate (PII) had been sought by the government "on a partly false basis", he said.
He added: "This is an extremely worrying situation. The court has to be able to rely on the credibility of these certificates.
"To be furnished with a false, or partly false, certificate - as this one was - completely undermines the process, and is a matter of very great concern."
The disclosure of documents relating to the RMP investigations, which concluded that British soldiers had done nothing wrong and the Iraqis had died on the battlefield, are crucial to the case.
In May Lord Justice Scott Baker said the late release of documents had thrown the hearing into confusion, calling it a "totally appalling state of affairs".
As a result the treasury solicitor and the head of the Royal Military Police announced a review into the way government departments release documents to the courts.
Danny Boy survivors
On Monday, Mr Ainsworth conceded there was insufficient information for judges to be able to make a fully informed decision on the allegations, so a separate investigation was needed.
Clive Lewis QC, for the government, said the secretary of state had not made documents available to the court in good time.
Reading a letter from senior government law officer Hugh Giles, he said the minister was therefore proposing "an investigation of the murder of Iraqi detainees at Camp Abu Naji in Southern Iraq on the night of May 14-15 2004 and specific allegations by five Iraq nationals of ill-treatment".
The letter went on to say there had been "failures" by the defence secretary to disclose the documents.
"The secretary of state profoundly regrets these failures. The secretary of state apologises to the court for the difficulties that these failures have created."
Mr Giles - head of litigation at the treasury solicitor's department - added that it had become clear that "searches conducted to date cannot be said to have been effective".
As Mr Ainsworth could not be sure all the documents had been disclosed on time he conceded that "realistically, the court cannot be sure it is in possession of all the material it needs".
The six seeking an independent public inquiry include Khuder Al-Sweady, uncle of teenager Hamid Al-Sweady, one of the 20 who died.
The court was told the other five applicants were survivors of the Danny Boy incident - Hussein Fadel Abbas, Atiyah Sayid Abdelreza, Hussein Jabbari Ali, Mahdi Jassim Abdullah and Ahmad Jabbar Ahmood.
The case continues.