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

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
back-to-top-scroll