But then I saw the postmortem report and photographs of Baha Mousa. I can still feel the shock. They were visceral confirmation that this wasn’t. The work of the Baha Mousa Inquiry is now completed and the Report published. As of 31 December the Inquiry is closed. Baha Mousa was working as a receptionist in a hotel in Basra on the morning of The report said that British soldiers inflicted “violent and cowardly” assaults on .

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But I would like to think his underlying aim was to challenge indifference to the suffering of others.

The Baha Mousa Public Inquiry

Mousa was brutally beaten by British soldiers at the base and he died of his injuries some thirty-six hours after his detention. Seven British soldiers were charged in connection with the case. He wrote once that: A torso livid with huge swathes of bruising. Perhaps an even greater tragedy is that Baha Mousa wasn’t an isolated victim. The report later details that Mousa was subject to several practices banned under both domestic law and the Geneva Conventions.

They were visceral confirmation that this wasn’t just an “interesting” legal case.

The inquiry into his death found that Mousa’s death was caused by “factors including lack of food and water, heat, exhaustion, fear, previous injuries and the hooding and stress positions used by British troops – and a final struggle with his guards”. Corporal Donald Payne pleaded guilty to inhumane treatment of a prisoner and was jailed for a year and dismissed from the Army. The report called his death an “appalling episode of serious gratuitous violence”. Two days later, Mousa was found dead.

He found that there was widespread ignorance of what was permitted in handling prisoners of war and also criticised the absence of any proper MoD doctrine on interrogation.

Six defendants were acquitted. But those soldiers who came to give evidence suddenly could no longer remember what had happened; the judge advocate lamented the collective amnesia that had set in and had little choice but to dismiss most of the charges.


Q&A: Baha Mousa inquiry

Four of the men had been shot by military personnel, one had allegedly been beaten and forced into the Shatt Al-Arab river, where his body was found. Six were found not guilty.

The cookie settings on this website are set to “allow cookies” to give you the best browsing experience possible. Despite all the available evidence, a damning report at the end of the Baha Mousa inquiry inand army generals queuing up to lament this “stain on the British army”, still no one has been brought to justice.

The case represented a landmark judgment in the re;ort application of human rights.

Q&A: Baha Mousa inquiry – BBC News

By using this site, you agree to the Terms of Use and Privacy Policy. The BBC reported that the six other soldiers were cleared of any wrongdoing, [10] and the Independent reported that the charges had been dropped, and that the presiding judge, Mr Justice Stuart 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.

That was enough to spark my interest. As Mousa’s killing achieved notoriety through the determination of Daoud MousaBaha’s father, not to let his son’s death go unnoticed, and Phil Shinerthe lawyer who brought the remarkable claim for judicial review in the high courtso mousz legal hearings came thick and fast, each producing more detail.

And yet despite, or perhaps because of, the many legal hearings it was difficult to understand who Baha Mousa was, how he had been killed, who had been involved, how the investigation and court martial had failed, and most of all, why and how it could happen right under the noses of dozens of men and women, officers and other ranks, medic and padre included, without one of them intervening or protesting seriously until it was far too late.


Shiner, the lawyer so instrumental in bringing the case of Baha Mousa to light, has led the claim that Britain has a duty to find out why and how these violations were allowed to happen. It would be naive to suppose only a few “rotten apples” were responsible.


Since my book was published, more than 1, allegations of torture, unlawful killing, sexual assault and ritual humiliation have emerged. B aha Mousa was just a name at first. In December Keilloh was struck off the Medical Register, after the Medical Practitioners Tribunal Service found him guilty of dishonest conduct in subsequent enquiries into Baha Mousa’s death.

By continuing to use the site, you agree to the use of cookies. A final 1,page report said a “large number” of soldiers assaulted Mousa and that many others, including officers, must have known about the abuse.

And after much delay, finally there was a full public inquiry; essentially a careful re-examination that produced months of transcript and hundreds of witness statements. Wrists with rings of cut flesh.

Darlington and Stockton Times. They argued that the UK authorities had refused to conduct an independent and thorough investigation into the circumstances of vaha killings. A baya distorted, almost unrecognisable, bloodied and swollen.

Millions of pounds in compensation have already been paid to more than victims of abuse. Except that he was the only one on the list who had been killed while being held for interrogation in a British base. Seeing those photographs made me intensely angry.

The Baha Mousa case | Redress

Year of birth missing. But legally it was “interesting” because, being held in the middle of an army camp, he was within British jurisdiction when he died.

A public repportchaired by the retired Lord Justice of Appeal Sir William Gage, reported on 8 September after three years of investigation. Archived from the original on It became a forensic detective story of sorts. MoD’s guilt for death of Army’s Iraqi prisoner”.