British court reviews Iraqi deaths

Lawyer Phil Shiner (L) and his client Kifah Al Mutari pose for pictures at the Royal Courts of Justice in London yesterday. PHOTO: AFP

The deaths of the Iraqis including Baha Mousa, will be the focus of the High Court review starting yesterday. Mr Mousa's father, Daoud, a colonel in the Basra police, will attend the three-day hearing in London.

He described the severe beating of his son as an "horrendous" crime, for which no one has been arrested. "When I saw my son's body, I was horrified," Mr Mousa said.

"He had been beaten so severely, I could not bear to look at him. We were offered 5,000 US dollars but my family turned this down because it was an insult to our dignity. "The crime was horrendous and his two sons, aged three and five, have been left fatherless," he added.

The six test cases all dating from the end of the Iraq war include the shootings of four Iraqi civilians, allegedly by soldiers from the Kings Own Regiment. The victims were either at home, walking in the street or driving when they were shot.

Baha Mousa was allegedly beaten to death in police custody. Both his death and the death of an Iraqi police commissioner were allegedly caused by soldiers from the Queen's Lancashire Regiment.

Two High Court judges must decide whether the Human Rights Act 1998 applies to the British troops in South East Iraq during the period of occupation and, if so, whether there should be an independent inquiry to investigate the alleged deaths of Iraqi civilians.

The Iraqi families' solicitor, Phil Shiner, of Public Interest Lawyers, said the defence secretary's case was that the Human Rights Act did not apply.

If the High Court found in favour of a public inquiry, he and other lawyers would represent 37 Iraqi families whose relatives had allegedly been either killed, tortured or seriously injured by British troops.