header-logo header-logo

14 September 2011
Issue: 7481 / Categories: Legal News
printer mail-detail

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
printer mail-details

MOVERS & SHAKERS

Carey Olsen—Patrick Ormond

Carey Olsen—Patrick Ormond

Partner joinscorporate and finance practice in British Virgin Islands

Dawson Cornwell—Naomi Angell

Dawson Cornwell—Naomi Angell

Firm strengthens children department with adoption and surrogacy expert

Penningtons Manches Cooper—Graham Green

Penningtons Manches Cooper—Graham Green

Media and technology expert joins employment team as partner in Cambridge

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
back-to-top-scroll