header-logo header-logo

Home Login E-newsletter About us
01 December 2011
Issue: 7492 / Categories: Case law , Law reports , In Court
printer mail-detail

Human rights—Inhuman or degrading treatment—Effective investigation

© Copyright LexisNexis 2026. All Rights Reserved.

R (on the application of Mousa) v Secretary of State for Defence and another [2011] EWCA Civ 1334, [2011] ALl ER (D) 160 (Nov)

Court of Appeal, Civil Division, Lord Justice Maurice Kay VP, Sullivan and Pitchford LJJ, 22 Nov 2011

The Iraq Historic Allegations Team (IHAT), set up to investigate allegations of ill-treatment of Iraqi detainees by members of the British armed forces, does not have the requisite independence to comply with the investigatory obligation under Art 3 of the European Convention on Human Rights.

Michael Fordham QC, Dan Squires and Rachel Logan (instructed by Public Interest Lawyers) for the claimant. James Eadie QC, Philip Havers QC and Kate Grange (instructed by the Treasury Solicitor) for the Secretary of State. David Wolfe for the Equality and Human Rights Commission as intervener.

The defendant secretary of state established a team, the Iraq Historic Allegations Team (IHAT), to investigate allegations of ill treatment by members of the British armed forces against detainees in Iraq during the period 2003 to

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
Sponsored by
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

NEWS
Read All
NLJ this week: Property cases reshape established principles
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
NLJ this week: Stress ruling raises the bar for employers
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
NLJ this week: Can Manchesterism revive access to justice?
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
NLJ this week: Constitutional conventions tested as power changes hands
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
NLJ this week: Lawyers must become product designers
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
Copyright © 2026 LexisNexis
back-to-top-scroll