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Baha Mousa will never get justice while the army investigates itself Baha Mousa will never get justice while the army investigates itself
(6 days later)
Last April marked 20 years since the murder of Stephen Lawrence. The black teenager was killed on a London street by a gang of white youths in 1993. A prosecution failed for lack of evidence, and a public inquiry concluded that there were deep-set problems of institutional racism within the Metropolitan police.Last April marked 20 years since the murder of Stephen Lawrence. The black teenager was killed on a London street by a gang of white youths in 1993. A prosecution failed for lack of evidence, and a public inquiry concluded that there were deep-set problems of institutional racism within the Metropolitan police.
On Sunday 15 September there will be another anniversary. It will be 10 years to the day since Baha Mousa was killed by British troops in Basra. Mousa was a hotel receptionist arrested with nine other Iraqi civilians in 2003 by members of 1st Battalion, the Queen's Lancashire Regiment. Thirty-six hours later he was dead, beaten to death after being subjected to hooding, sleep deprivation, stress positions and interrogation. Much of the treatment and that of the other detainees amounted to a war crime.On Sunday 15 September there will be another anniversary. It will be 10 years to the day since Baha Mousa was killed by British troops in Basra. Mousa was a hotel receptionist arrested with nine other Iraqi civilians in 2003 by members of 1st Battalion, the Queen's Lancashire Regiment. Thirty-six hours later he was dead, beaten to death after being subjected to hooding, sleep deprivation, stress positions and interrogation. Much of the treatment and that of the other detainees amounted to a war crime.
Worries that British forces had lost their moral compass and were incapable of prosecuting their own were expressed by high-ranking officers and politicians. But a court martial failed to convict anyone for Baha Mousa's death. Only after a public inquiry completed its work seven years later were the perpetrators revealed.Worries that British forces had lost their moral compass and were incapable of prosecuting their own were expressed by high-ranking officers and politicians. But a court martial failed to convict anyone for Baha Mousa's death. Only after a public inquiry completed its work seven years later were the perpetrators revealed.
There are many similarities between these two killings and the official responses. But whereas some lessons have been learned from the Lawrence affair and some justice has been seen to be done – last year two men were convicted of his murder – there are few such gains in the Mousa case.There are many similarities between these two killings and the official responses. But whereas some lessons have been learned from the Lawrence affair and some justice has been seen to be done – last year two men were convicted of his murder – there are few such gains in the Mousa case.
The Lawrence case caused a sea change in institutional thinking. The Independent Police Complaints Commission was established in 2004, when it was deemed essential that the police should not be left to investigate their own inadequacies and misconduct.The Lawrence case caused a sea change in institutional thinking. The Independent Police Complaints Commission was established in 2004, when it was deemed essential that the police should not be left to investigate their own inadequacies and misconduct.
In the Mousa case, this year the high court considered the complaints of hundreds of Iraqis about their detention or treatment by the British army during the occupation of Basra. Baha Mousa was one of the many systemic abuse cases identified and referred to the Iraq Historic Allegations Team (Ihat) – set up by the Ministry of Defence and manned by members of the armed forces.In the Mousa case, this year the high court considered the complaints of hundreds of Iraqis about their detention or treatment by the British army during the occupation of Basra. Baha Mousa was one of the many systemic abuse cases identified and referred to the Iraq Historic Allegations Team (Ihat) – set up by the Ministry of Defence and manned by members of the armed forces.
However, no prosecutions have followed. And despite a litany of wrongdoing identified in the Mousa public inquiry led by Sir William Gage, no one has been brought to trial. Even the high court has had to accept that it is "highly unlikely that there will be any criminal trials for those responsible", and it lamented the likely "closing of ranks" and destruction of forensic evidence.However, no prosecutions have followed. And despite a litany of wrongdoing identified in the Mousa public inquiry led by Sir William Gage, no one has been brought to trial. Even the high court has had to accept that it is "highly unlikely that there will be any criminal trials for those responsible", and it lamented the likely "closing of ranks" and destruction of forensic evidence.
This also applied to many other Iraqis who died at the hands of British troops. More than 160 other deaths were revealed as causing concern, some occurring in custody, others on the street or in their homes. Not one has resulted in a successful prosecution.This also applied to many other Iraqis who died at the hands of British troops. More than 160 other deaths were revealed as causing concern, some occurring in custody, others on the street or in their homes. Not one has resulted in a successful prosecution.
The fact Ihat has now announced that, in the case of Baha Mousa, its "initial assessment has identified a number of lines of inquiry" which it believes require "further attention and to which a dedicated team of investigators will be assigned" highlights the lack of action. Given that all those responsible for the killing of Baha Mousa and the violence done to his fellow detainees were exposed by both the Baha Mousa inquiry and my book many months ago, this declaration feels very hollow. Ihat notes with little evidence of irony that it realises this news "will be difficult for the victims, their families and the soldiers concerned".The fact Ihat has now announced that, in the case of Baha Mousa, its "initial assessment has identified a number of lines of inquiry" which it believes require "further attention and to which a dedicated team of investigators will be assigned" highlights the lack of action. Given that all those responsible for the killing of Baha Mousa and the violence done to his fellow detainees were exposed by both the Baha Mousa inquiry and my book many months ago, this declaration feels very hollow. Ihat notes with little evidence of irony that it realises this news "will be difficult for the victims, their families and the soldiers concerned".
Although the MoD was praised by the high court in May for its diligence in considering these suspicious deaths, no proposals have been forthcoming for a wholly independent complaints body for the armed forces. Even when the suicide of Anne-Marie Ellement – an officer in the Royal Military Police, who alleged she had been raped by colleagues – prompted calls for a military version of the IPCC, nothing materialised.Although the MoD was praised by the high court in May for its diligence in considering these suspicious deaths, no proposals have been forthcoming for a wholly independent complaints body for the armed forces. Even when the suicide of Anne-Marie Ellement – an officer in the Royal Military Police, who alleged she had been raped by colleagues – prompted calls for a military version of the IPCC, nothing materialised.
Nor, in the case of Iraq, do we have a competent body capable of considering allegations that the treatment of detainees from 2003 demonstrated systemic problems of sanctioned abuse and tolerance for wrongdoing. There may have been internal soul-searching by the army, but none of the results have been visible. The very public scrutiny and criticism of the police after Stephen Lawrence's death are simply missing when it comes to the army and the washing of its dirty linen.Nor, in the case of Iraq, do we have a competent body capable of considering allegations that the treatment of detainees from 2003 demonstrated systemic problems of sanctioned abuse and tolerance for wrongdoing. There may have been internal soul-searching by the army, but none of the results have been visible. The very public scrutiny and criticism of the police after Stephen Lawrence's death are simply missing when it comes to the army and the washing of its dirty linen.
Without a clear indication that these cases will be fully and independently investigated, there can be little doubt that the institutional shame caused by the killing of Baha Mousa will continue to haunt our armed forces.Without a clear indication that these cases will be fully and independently investigated, there can be little doubt that the institutional shame caused by the killing of Baha Mousa will continue to haunt our armed forces.
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