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14 September 2011
Issue: 7481 / Categories: Legal News
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Findings of failure by Baha Mousa inquiry

Gage inquiry accuses Ministry of Defence of “corporate failure”

A year-long inquiry into the death of Baha Mousa has blamed “corporate failure” at the Ministry of Defence (MoD) for the use of banned interrogation techniques.

Mousa, an Iraqi citizen, died with 93 injuries in British Army custody in Basra in 2003.

The inquiry, led by Sir William Gage, found that Mousa died after suffering an “appalling episode of gratuitous violence” by British soldiers.

It found the so-called “five techniques” for interrogation banned by the UK government in the 1970s were used by British forces in Iraq. They include hooding, white noise, sleep deprivation, food deprivation and painful stress positions.

Sir William’s report said a large number of soldiers must have known what was happening to Mousa and his colleagues from the hotel where he was arrested. He criticised the lack of training of soldiers in handling prisoners and blamed the MoD for failing to remind operational forces that the techniques were banned.

Sapna Malik, partner at Leigh, Day & Co, who represents Mousa’s family, said: “Sir William has found that the serious assaults ‘were not perpetrated by just one or two rogue individuals’, but names 19 individual soldiers, including three senior non-commissioned officers.

“In light of the cogent and serious findings we now expect that the military and civilian prosecuting authorities of this country will act to ensure that justice is done.”

Issue: 7481 / Categories: Legal News
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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

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