Rights law applies to Mousa case

Last Modified: 13 Jun 2007
By: Julian Rush

The Law Lords rule that UK human rights laws apply to an Iraqi civilian who died in British custody in Iraq.

Viewers may find some images in Julian Rush's report distressing.

The father of an Iraqi who died after alleged torture at the hands of British troops says the House of Lords has given him hope of finding out the truth about the death of his son.

His lawyers have now called for an independent inquiry after the Law Lords ruled that the human rights act did apply to the case of hotel receptionist Baha Mousa, who died in Basra while in the custody of British forces. But appeals involving five other Iraqis allegedly shot by British troops were thrown out.

The human rights group Liberty reacted by promising that there could now never be a "British Guantanamo".

By a majority, the highest court in the land upheld the findings of the Court of Appeal in December 2005 and the High Court over the UK's obligations under the European Convention on Human Rights as applied to the conduct of British troops operating within a foreign territory.

'There could now never be a British Guantanamo. The British will never be able to build a prison anywhere in the world and say it is a legal black hole.'
Shami Chakrabarti, director, Liberty

Liberty director Shami Chakrabarti said that while the ruling only applied to the Baha Mousa case, the immediate implication was that there must be a full independent inquiry whenever the detainees "suffer inhuman treatment, torture or death while detained in UK military establishments anywhere in the world".

She said: "There could now never be a British Guantanamo. The British will never be able to build a prison anywhere in the world and say it is a legal black hole."