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| British army's investigations into Iraq deaths to be reopened | British army's investigations into Iraq deaths to be reopened |
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| Fresh investigations have been ordered into the deaths of several prisoners who died under suspicious circumstances in British military custody in Iraq, lawyers from the Ministry of Defence told the high court. | Fresh investigations have been ordered into the deaths of several prisoners who died under suspicious circumstances in British military custody in Iraq, lawyers from the Ministry of Defence told the high court. |
| The disclosure comes as the MoD faces a legal challenge to its refusal to hold a public inquiry into a series of alleged human rights violations following the 2003 invasion of Iraq, including hundreds of claims that include unlawful detention, torture, and murder. | The disclosure comes as the MoD faces a legal challenge to its refusal to hold a public inquiry into a series of alleged human rights violations following the 2003 invasion of Iraq, including hundreds of claims that include unlawful detention, torture, and murder. |
| An inquiry team established by the MoD is now reinvestigating the deaths of two men who had been detained by soldiers of the Black Watch in Basra May 2003, the department's lawyers said. | An inquiry team established by the MoD is now reinvestigating the deaths of two men who had been detained by soldiers of the Black Watch in Basra May 2003, the department's lawyers said. |
| An initial review by the MoD's Iraq Historic Allegations Team (IHAT) had concluded that although inquiries had been made following the deaths of Radhi Nama and Jabbar Kareen Ali, "both investigations had not been sufficiently thorough and were thus incomplete" and would need to be reopened. | An initial review by the MoD's Iraq Historic Allegations Team (IHAT) had concluded that although inquiries had been made following the deaths of Radhi Nama and Jabbar Kareen Ali, "both investigations had not been sufficiently thorough and were thus incomplete" and would need to be reopened. |
| Nama died a few hours after being detained for questioning. Witnesses allege that he had been handcuffed before being picked up and hurled into the back of a truck. A few hours later he was dead. | Nama died a few hours after being detained for questioning. Witnesses allege that he had been handcuffed before being picked up and hurled into the back of a truck. A few hours later he was dead. |
| A former Black Watch soldier has said that Nama's body was removed from their base while strapped upright in a Land Rover so that a visiting journalist would not learn about the death. A death certificate was later issued, stating that he had died of natural causes. | A former Black Watch soldier has said that Nama's body was removed from their base while strapped upright in a Land Rover so that a visiting journalist would not learn about the death. A death certificate was later issued, stating that he had died of natural causes. |
| Ali, 55, a headteacher suspected of being loyal to Saddam Hussein's regime, died five days later after he and his son Bashar were also detained for "tactical questioning". Bashar alleges that they were beaten, hooded, taken to a camp where they were examined by military doctors who did not record their injuries, then hooded and beaten again. He says he heard his father say that he was going to die. | Ali, 55, a headteacher suspected of being loyal to Saddam Hussein's regime, died five days later after he and his son Bashar were also detained for "tactical questioning". Bashar alleges that they were beaten, hooded, taken to a camp where they were examined by military doctors who did not record their injuries, then hooded and beaten again. He says he heard his father say that he was going to die. |
| A third case that will be reopened involves Tariq Sabri al-Fahdawi, who was allegedly kicked to death aboard an RAF Chinook helicopter. Last year an investigation by the Guardian established that the original inquiry by the RAF police had failed to establish the cause of his death, or even his name. | A third case that will be reopened involves Tariq Sabri al-Fahdawi, who was allegedly kicked to death aboard an RAF Chinook helicopter. Last year an investigation by the Guardian established that the original inquiry by the RAF police had failed to establish the cause of his death, or even his name. |
| There were claims from senior military sources that MoD officials had interfered in the initial inquiry because they were concerned that any courts martial might result in the disclosure that Sabri al-Fahdawi – and 63 other men – were being taken to a secret detention centre operated by US and British special forces, a facility that had been concealed not only from the Red Cross, but from the British army's own lawyers. | There were claims from senior military sources that MoD officials had interfered in the initial inquiry because they were concerned that any courts martial might result in the disclosure that Sabri al-Fahdawi – and 63 other men – were being taken to a secret detention centre operated by US and British special forces, a facility that had been concealed not only from the Red Cross, but from the British army's own lawyers. |
| The MoD said the new inquiry would be examining whether any officials within the department interfered in any way with the original investigation. | The MoD said the new inquiry would be examining whether any officials within the department interfered in any way with the original investigation. |
| IHAT is also examining six other investigations into deaths in military custody in Iraq before deciding whether these should be reopened. | IHAT is also examining six other investigations into deaths in military custody in Iraq before deciding whether these should be reopened. |
| Lawyers representing hundreds of Iraqi men who are demanding a public inquiry into their allegations that they were tortured while being held prisoner by the British say there is also a need for a transparent examination of suspicious deaths in Iraq. They say they have identified 13 deaths in British military custody, in addition to that of Baha Mousa, tortured to death by British troops in September 2003. | Lawyers representing hundreds of Iraqi men who are demanding a public inquiry into their allegations that they were tortured while being held prisoner by the British say there is also a need for a transparent examination of suspicious deaths in Iraq. They say they have identified 13 deaths in British military custody, in addition to that of Baha Mousa, tortured to death by British troops in September 2003. |
| The true figure could be higher, but is being withheld by the MoD, Michael Fordham QC told the court. "We don't know how many deaths they are aware of and are investigating. We have suggested, a few times now, that they might want to tell the court the truth." | The true figure could be higher, but is being withheld by the MoD, Michael Fordham QC told the court. "We don't know how many deaths they are aware of and are investigating. We have suggested, a few times now, that they might want to tell the court the truth." |
| The court has also heard that in addition to the deaths of prisoners, the MoD is facing allegations that British forces were responsible for the unlawful killing of more than 250 people who were not in custody. These include a number of cases described in written evidence to the court as "extrajudicial executions". | The court has also heard that in addition to the deaths of prisoners, the MoD is facing allegations that British forces were responsible for the unlawful killing of more than 250 people who were not in custody. These include a number of cases described in written evidence to the court as "extrajudicial executions". |
| Among the cases highlighted in the evidence are that of an eight-year-old girl said to have been shot dead by a soldier from the King's Regiment in August 2002, and an elderly woman who was detained in November 2006 after troops came to her home looking for her son, and whose body was allegedly later found at the side of a road inside a military body bag, with a bullet wound to her abdomen and wounds to her face. | Among the cases highlighted in the evidence are that of an eight-year-old girl said to have been shot dead by a soldier from the King's Regiment in August 2002, and an elderly woman who was detained in November 2006 after troops came to her home looking for her son, and whose body was allegedly later found at the side of a road inside a military body bag, with a bullet wound to her abdomen and wounds to her face. |
| The MoD is resisting a public inquiry, saying it would be "premature and disproportionate" and take much longer than IHAT's inquiries. | The MoD is resisting a public inquiry, saying it would be "premature and disproportionate" and take much longer than IHAT's inquiries. |
| "The MoD takes all allegations of abuse seriously, which is precisely why we set up IHAT to ensure that all allegations are, or have been, investigated appropriately," a spokesman said. | "The MoD takes all allegations of abuse seriously, which is precisely why we set up IHAT to ensure that all allegations are, or have been, investigated appropriately," a spokesman said. |
| Lawyers for the former detainees believe the MoD is resisting a public inquiry because it would uncover evidence that the mistreatment of detainees was "systemic", with those responsible acting in accordance with their training in the UK and orders issued in Iraq. | Lawyers for the former detainees believe the MoD is resisting a public inquiry because it would uncover evidence that the mistreatment of detainees was "systemic", with those responsible acting in accordance with their training in the UK and orders issued in Iraq. |
| The court is expected to announce its decision later this year. | The court is expected to announce its decision later this year. |
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