Army’s ‘appalling’ abuse of Baha Mousa

Iraqi hotel worker Baha Mousa died in British Army custody after suffering an “appalling episode of serious gratuitous violence” that represented a “very serious breach of discipline” by UK soldiers, a public inquiry has concluded.

Inquiry chairman Sir William Gage said a number of British soldiers, including Colonel Jorge Mendonca, former commanding officer of the 1st Battalion the Queen’s Lancashire Regiment 1QLR, bore a “heavy responsibility” for the tragedy.

Responding to the inquiry’s findings in the House of Commons, Defence Secretary Liam Fox said the events leading to Baha Mousa’s death were “deplorable, shocking and shameful”.

He continued: “Baha Mousa was not a casualty of war. His death was avoidable. There is no place for a perverted sense of loyalty that turns a blind eye to wrongdoing.”

In the judge's firing line
This report finds fault not just with the soldiers involved in abusing detainees, writes Channel 4 News Foreign Affairs Correspondent Jonathan Rugman.

Their commanding officers, who either should have known or did know what was going on; the regimental doctor who examined the dead Baha Mousa and didn't formally report what he knew; the "corporate failure" at the ministry of Defence which "did not have a grasp on its own interrogation policy.

All these are in the retired judge's firing line, as is the Catholic padre in the regiment who "did not find the courage" to intervene.

Read more: Baha Mousa inquiry damning on many levels

‘Lack of moral courage’

In a televised statement to coincide with the report’s publication, Sir William Gage said: “The events described in the report represent a very serious and regrettable incident. Such an incident should not have happened and should never happen again.”

The inquiry also condemns the “corporate failure” by the Ministry of Defence that led to interrogation techniques banned by the British government in 1972 – including hooding and making prisoners stand in painful stress positions – being used by soldiers in Iraq.

The events described in the report represent a very seroius and regrettable incident. Such an incident… should never happen again. Sir William Gage

Baha Mousa sustained 93 separate injuries, including fractured ribs and a broken nose, while in the custody of 1QLR in Basra, southern Iraq, over 36 hours between 14 and 15 September 2003.

The inquiry criticises the “lack of moral courage to report abuse” within the battalion, noting that a “large number” of soldiers assaulted Mr Mousa and nine Iraqis detained with him, and that many others, including several officers, must have known what was happening.

It concludes that Mr Mousa’s death was caused by a combination of his weakened physical state and a final struggle with his guards.

It finds that one soldier, Corporal Donald Payne, violently assault Mr Mousa in the minutes before he died, punching and possibly kicking him and using a dangerous restraint method. The report says this was a “contributory cause” of the death.

‘Violent bully’

Commenting on the report, Sir William described Corporal Payne as a “violent bully” who inflicted a “dreadful catalogue of unjusitifed and brutal violence” on Mr Mousa and the other detainees, and encouraged more junior officers to do the same.

The inquiry into Baha Mousa’s death and abuse suffered by other prisoners opened in July 2009 and sat for 115 days, hearing evidence from 277 witnesses.

Mr Mousa’s family and supporters are hopeful that the inquiry’s findings will prompt a ruling that the soldiers involved were culpable for failing to prevent violence against the prisoners.

Sir William Gage has no power to make a ruling on anyone’s civil or criminal liability, but other authorities may do so on the basis of his findings.