MPs to demand inquiry into abuse of prisoners in Iraq

By Andrew Johnson

An influential committee of MPs meets tomorrow to decide on holding a full inquiry into whether the Attorney General’s office or the MoD gave soldiers the green light to abuse detainees in Iraq.

Last Tuesday, Lord Goldsmith, the outgoing Attorney General, was asked by Parliament’s Joint Select Committee on Human Rights whether he gave the go-ahead for torture techniques used by British soldiers on Iraqi prisoners.

Baha Mousa, an innocent hotel worker, was beaten to death in military custody in 2003, despite warnings that the techniques breached the Geneva Convention, the European Convention on Human Rights and the Human Rights Act.

Lord Goldsmith denied any knowledge of the torture until after Mr Mousa, 26, died. He also denied having any hand in, or knowledge of, an exchange of emails between Rachel Quick, a legal adviser to the armed forces’ Permanent Joint Headquarters, and Lieutenant-Colonel Nicholas Mercer, the Army’s legal chief in Basra.

Lt-Col Mercer had seen about 40 hooded prisoners kneeling in the hot sun with their hands cuffed behind their backs in March 2003, six months before Baha Mousa died. He considered what he saw illegal and told his superiors. He got an email from Ms Quick saying the Human Rights Act did not apply in Iraq and referred to advice given by the Attorney General. But Lord Goldsmith denied this, saying he had always believed the Human Rights Act did apply and called for a full inquiry, which the committee will consider.

In April 2003, the Red Cross made representations to Britain about its treatment of detainees in Iraq. Then Major-General Robin Brims, commander of the UK ground forces in Iraq, ordered hooding to be stop-ped. But hooding and subjecting prisoners to stress continued. Iraqis held with Mr Mousa said that torture techniques including sleep deprivation, food deprivation and noise were applied. These were banned by the government in 1972.

Mr Mousa’s father and nine former detainees are to sue the MoD after the Law Lords ruled that the Human Rights Act applies to areas abroad under British occupation, paving the way for the legal challenge by human rights solicitor Phil Shiner, of Birmingham’s Public Interest Lawyers.

Mr Shiner is seeking a judicial review in an effort to secure the release of documents referred to during the court martial of seven soldiers, which resulted in six acquittals and one soldier being jailed for a year.

He said: “Exactly what did Goldsmith advise at the time as to whether the higher standards should be applied in detention facilities or not? When Lt-Col Mercer blew the whistle, was he ever told of this, and if not, why not?

“It is not good enough for [Lord Goldsmith] to blithely tell us that although he accepts these banned techniques were reintroduced as a matter of policy - and Iraqis died as a result - it is nothing to do with him. I for one do not accept that.”

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