Baha Mousa
Encyclopedia
Baha Mousa was an Iraqi
man who was kicked and beaten to death while in British Army
custody in Basra
, Iraq
in September 2003. The inquiry into his death heard that Mousa was hooded
for almost 24 hours during his 36 hours of custody by the 1st Battalion of the Queen's Lancashire Regiment
and that he suffered at least 93 injuries prior to his death.
, was arrested along with six other men and taken to a British base. While in detention, Mousa and the other captives were hooded, severely beaten and assault
ed by a number of British troops. Two days later Mousa was found dead. A post-mortem examination found that Mousa suffered multiple injuries (at least 93), including fractured ribs and a broken nose, which were "in part" the cause of his death.
were tried on charges relating to the ill treatment of detainees, including those of war crime
s under the International Criminal Court Act 2001
. On 19 September 2006, Corporal Donald Payne pleaded guilty to a charge of inhumane treatment to persons, making him the first member of the British armed forces to plead guilty to a war crime. He was subsequently jailed for one year and expelled from the army. The BBC
reported that the six other soldiers were cleared of any wrongdoing, and the Independent
reported that the charges had been dropped, and that the presiding judge, Justice Ronald McKinnon, stated that "none of those soldiers has been charged with any offence, simply because there is no evidence against them as a result of a more or less obvious closing of ranks."
Des Browne
admitted to "substantial breaches" of the European Convention of Human Rights over the death of Baha Mousa. In July 2008 the Ministry of Defence
agreed to pay £2.83 million in compensation to the family of Baha Mousa and nine other men, following an admission of "substantive breaches" of articles 2 and 3 (right to life and prohibition of torture) of the European Convention on Human Rights
by the British Army.
, chaired by the retired Lord Justice of Appeal Sir William Gage, reported on 8 September 2011 after three years of investigation. The report concluded British soldiers had subjected detainees to "serious, gratuitous violence". Army training manuals failed to explain that the five interrogation techniques
used had been banned by the British since 1972, and were also illegal under the Geneva Convention.
The inquiry again cleared Mendonca of knowledge of the attacks, but found that as commanding officer he should have known of them. Although the Queen's Lancashire Regiment were cleared of an "entrenched culture of violence", the inquiry found the violence used in the Baha Mousa case was not a lone example, and identified 19 soldiers directly involved in the abuses, including those already unsuccessfully tried at previous Courts Martial. Lawyers for families of the victims suggested there was sufficient evidence for fresh prosecutions in the civilian courts.
Iraqi people
The Iraqi people or Mesopotamian people are natives or inhabitants of the country of Iraq, known since antiquity as Mesopotamia , with a large diaspora throughout the Arab World, Europe, the Americas, and...
man who was kicked and beaten to death while in British Army
British Army
The British Army is the land warfare branch of Her Majesty's Armed Forces in the United Kingdom. It came into being with the unification of the Kingdom of England and Scotland into the Kingdom of Great Britain in 1707. The new British Army incorporated Regiments that had already existed in England...
custody in Basra
Basra
Basra is the capital of Basra Governorate, in southern Iraq near Kuwait and Iran. It had an estimated population of two million as of 2009...
, Iraq
Iraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
in September 2003. The inquiry into his death heard that Mousa was hooded
Hooding
Hooding is the placing of a hood over the entire head of a prisoner. One legal scholar considers the hooding of prisoners to be a violation of international law, specifically the Third and Fourth Geneva Conventions, which demand that persons in the power of occupying forces be treated humanely....
for almost 24 hours during his 36 hours of custody by the 1st Battalion of the Queen's Lancashire Regiment
Queen's Lancashire Regiment
The Queen's Lancashire Regiment was an infantry regiment of the British Army, part of the King's Division...
and that he suffered at least 93 injuries prior to his death.
Death
On 14 September 2003, Mousa, a 26-year-old hotel receptionistReceptionist
A receptionist is an employee taking an office/administrative support position. The work is usually performed in a waiting area such as a lobby or front office desk of an organization or business...
, was arrested along with six other men and taken to a British base. While in detention, Mousa and the other captives were hooded, severely beaten and assault
Assault
In law, assault is a crime causing a victim to fear violence. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more...
ed by a number of British troops. Two days later Mousa was found dead. A post-mortem examination found that Mousa suffered multiple injuries (at least 93), including fractured ribs and a broken nose, which were "in part" the cause of his death.
Investigation
Seven members of the Queen's Lancashire RegimentQueen's Lancashire Regiment
The Queen's Lancashire Regiment was an infantry regiment of the British Army, part of the King's Division...
were tried on charges relating to the ill treatment of detainees, including those of war crime
War crime
War crimes are serious violations of the laws applicable in armed conflict giving rise to individual criminal responsibility...
s under the International Criminal Court Act 2001
International Criminal Court Act 2001
The International Criminal Court Act is an Act of the Parliament of the United Kingdom. The Act implements into the law of England, Wales and Northern Ireland the Rome Statute of the International Criminal Court.The principal aims of the Act are:...
. On 19 September 2006, Corporal Donald Payne pleaded guilty to a charge of inhumane treatment to persons, making him the first member of the British armed forces to plead guilty to a war crime. He was subsequently jailed for one year and expelled from the army. The BBC
BBC
The British Broadcasting Corporation is a British public service broadcaster. Its headquarters is at Broadcasting House in the City of Westminster, London. It is the largest broadcaster in the world, with about 23,000 staff...
reported that the six other soldiers were cleared of any wrongdoing, and the Independent
The Independent
The Independent is a British national morning newspaper published in London by Independent Print Limited, owned by Alexander Lebedev since 2010. It is nicknamed the Indy, while the Sunday edition, The Independent on Sunday, is the Sindy. Launched in 1986, it is one of the youngest UK national daily...
reported that the charges had been dropped, and that the presiding judge, Justice Ronald McKinnon, stated that "none of those soldiers has been charged with any offence, simply because there is no evidence against them as a result of a more or less obvious closing of ranks."
Court rulings based on this case
- Colonel Jorge Mendonca – cleared of negligently performing a duty
- SgtSergeantSergeant is a rank used in some form by most militaries, police forces, and other uniformed organizations around the world. Its origins are the Latin serviens, "one who serves", through the French term Sergent....
Kelvin Stacey – cleared of common assault - L/CplLance CorporalLance corporal is a military rank, used by many armed forces worldwide, and also by some police forces and other uniformed organizations. It is below the rank of corporal, and is typically the lowest non-commissioned officer, usually equivalent to the NATO Rank Grade OR-3.- Etymology :The presumed...
Wayne Crowcroft – cleared of inhumane treatment - PtePrivate (rank)A Private is a soldier of the lowest military rank .In modern military parlance, 'Private' is shortened to 'Pte' in the United Kingdom and other Commonwealth countries and to 'Pvt.' in the United States.Notably both Sir Fitzroy MacLean and Enoch Powell are examples of, rare, rapid career...
Darren Fallon – cleared of inhumane treatment - CplCorporalCorporal is a rank in use in some form by most militaries and by some police forces or other uniformed organizations. It is usually equivalent to NATO Rank Code OR-4....
Donald Payne – admitted inhumane treatment, cleared of manslaughter and perverting the course of justice - Warrant OfficerWarrant OfficerA warrant officer is an officer in a military organization who is designated an officer by a warrant, as distinguished from a commissioned officer who is designated an officer by a commission, or from non-commissioned officer who is designated an officer by virtue of seniority.The rank was first...
Mark Davies – charged with negligently performing a duty - MajMajorMajor is a rank of commissioned officer, with corresponding ranks existing in almost every military in the world.When used unhyphenated, in conjunction with no other indicator of rank, the term refers to the rank just senior to that of an Army captain and just below the rank of lieutenant colonel. ...
Michael Peebles – charged with negligently performing a duty
Breach of human rights
On 27 March 2008, British Defence SecretarySecretary of State for Defence
The Secretary of State for Defence, popularly known as the Defence Secretary, is the senior Government of the United Kingdom minister in charge of the Ministry of Defence, chairing the Defence Council. It is a Cabinet position...
Des Browne
Des Browne
Desmond Henry Browne, Baron Browne of Ladyton is a British Labour Party politician who was the Member of Parliament for Kilmarnock and Loudoun from 1997 to 2010...
admitted to "substantial breaches" of the European Convention of Human Rights over the death of Baha Mousa. In July 2008 the Ministry of Defence
Ministry of Defence (United Kingdom)
The Ministry of Defence is the United Kingdom government department responsible for implementation of government defence policy and is the headquarters of the British Armed Forces....
agreed to pay £2.83 million in compensation to the family of Baha Mousa and nine other men, following an admission of "substantive breaches" of articles 2 and 3 (right to life and prohibition of torture) of the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
by the British Army.
Public inquiry
A public inquiryPublic inquiry
A Tribunal of Inquiry is an official review of events or actions ordered by a government body in Common Law countries such as the United Kingdom, Ireland or Canada. Such a public inquiry differs from a Royal Commission in that a public inquiry accepts evidence and conducts its hearings in a more...
, chaired by the retired Lord Justice of Appeal Sir William Gage, reported on 8 September 2011 after three years of investigation. The report concluded British soldiers had subjected detainees to "serious, gratuitous violence". Army training manuals failed to explain that the five interrogation techniques
Five techniques
The term five techniques refers to certain interrogation practices adopted by the Northern Ireland and British governments during Operation Demetrius in the early 1970s...
used had been banned by the British since 1972, and were also illegal under the Geneva Convention.
The inquiry again cleared Mendonca of knowledge of the attacks, but found that as commanding officer he should have known of them. Although the Queen's Lancashire Regiment were cleared of an "entrenched culture of violence", the inquiry found the violence used in the Baha Mousa case was not a lone example, and identified 19 soldiers directly involved in the abuses, including those already unsuccessfully tried at previous Courts Martial. Lawyers for families of the victims suggested there was sufficient evidence for fresh prosecutions in the civilian courts.
External links
- Soldiers viewed all Iraqis as 'scum', Baha Mousa inquiry hears The Guardian, 27 April 2010
- UK Troops beat Iraqi to death BBC News
- The Baha Mousa Public Inquiry