The controversy over the behaviour of British forces in Iraq switches to the high court on Wednesday as lawyers acting for the families of 14 Iraqis challenge the refusal by the Ministry of Defence to consider any legal responsibility for their deaths.
The cases include the death of Baha Mousa, a hotel receptionist allegedly killed in Basra last September by soldiers from the Queen’s Lancashire Regiment, which is at the centre of the storm over photographs published in the Daily Mirror purporting to show an Iraqi prisoner being tortured.
On Tuesday, Mirror journalists were interviewed by military police about the photographs and the foreign secretary, Jack Straw, said the troops faced ”serious” punishment if the pictures proved to be genuine.
So far no British soldier has been disciplined as a result of any of the incidents involving deaths or injuries to Iraqis though some occurred almost a year ago.
There have been persistent but unconfirmed reports that a soldier will be charged with Mousa’s manslaughter. In some cases the Ministry of Defence has paid ex gratia compensation to victims’ families, but it has not accepted legal liability.
”The issue is whether the courts have jurisdiction outside the UK,” Phil Shiner, of the Birmingham-based law firm Public Interest Lawyers, said on Tuesday. Under the Human Rights Act, courts do have jurisdiction if the British army is deemed to be in effective control of southern Iraq, he said.
”At present it seems the army can act with impunity. There is a legal black hole.”
He said the case was urgent because of the need to protect the evidence. An employee of the law firm who recently visited Basra said the MoD had refused to return a people carrier allegedly shot at by British soldiers as it was driven away from them. Bullet holes are said to mark the back of the vehicle.
In another case, military investigators are said to have removed incriminating evidence from a wall and a door sprayed with bullets. In another, an Iraqi teenager was allegedly drowned after being forced to swim across a river despite injuries from a beating.
There have been 21 alleged fatalities caused by UK forces and six Iraqis have died in British custody, according to MoD figures. Fifteen investigations have concluded there is no case to answer. In six cases recommendations are being considered, Adam Ingram, the armed forces minister, said on Tuesday.
The MoD argues that the European human rights convention does not apply to British soldiers in Iraq because Iraqis have no rights under it.
It also says that though Britain is occupying southern Iraq, it is not in control of it. Therefore, while British troops are subject to the Geneva convention covering the treatment of prisoners, they are not bound by the European human rights convention.
The MoD’s claim is hotly disputed by lawyers. Article 1 of the convention states that signatories are obliged to protect the human rights of everyone ”within their jurisdiction”.
Paul Keetch, the Liberal Democrat defence spokesperson, said on Tuesday that the position of Iraqis detained by British forces — more than 80 at the last count — could be even more unclear after the partial transfer of sovereignty to the Iraqis on July 1.
”The Iraqi and British peoples need to know precisely which human rights laws the UK recognises in Iraq. Any suggestion that the UK is evading its responsibilities will make our job in Iraq harder not easier,” said Keetch. He said that after June 30 the Geneva convention will no longer apply, and no agreement has yet been reached with any new Iraqi administration.
On Tuesday the Mirror handed over 20 photographs to the Royal Military Police and agreed for a number of its journalists to be interviewed.
The Mirror editor, Piers Morgan, said he would also be happy to speak to the officers.
A Mirror source said the reporters were expecting to be asked to name the two serving soldiers who, it claimed, had passed on the pictures. But the source added: ”They will not be saying or doing anything that compromises our sources.”
The government remained cautious about the authenticity of the photographs.
In a Commons statement, Ingram said: ”Any decent-thinking person will have been disturbed by photographs published in the Daily Mirror which appear to show the mistreatment of Iraqi prisoners by British soldiers.
”From the outset we have taken the photographs at face value and will continue to do so unless there is evidence to the contrary.”
Questioned by the shadow defence secretary, Nicholas Soames, Ingram said he had ”no evidence one way or the other” as to the authenticity of the photographs.
Straw said: ”The allegations are taken extremely seriously and if found to be true then the appropriate action will also be serious.” – Guardian Unlimited Â