Horrifying allegations of torture and killings carried out
by the British Army in southern Iraq emerged on January 31.
Based on witness statements, death certificates and video evidence, the lawyers allege that nine more people survived
torture and abuse.
"the allegations were the most harrowing he had ever heard"
“the police asked us to send ambulances to the British base to collect some bodies. When they brought the 22 bodies, it was a surprise to us to see some of these bodies mutilated and tortured.”
At the time, the British Army dismissed allegations of torture
as “absurd.” But the case, along with hundreds of accusations
arising from its activities in Iraq, has been the subject of calls
for a public inquiry ever since. A yearlong investigation by the
Royal Military Police (RMP) found no evidence of deliberate mutilation.
On January 31, however, the ban was overturned by Lord Justice
Moses following legal moves by the victims’ families, the
Guardian, the Times and the BBC. The Guardian
reported Moses as ruling that the MoD’s attempt to stop media
reporting on the allegations has no basis in law and that their
handling of the case was “barmy.”
Regarding the ban on naming soldiers, Moses told the defence
secretary’s counsel, “It is not the way it works. If
you’re right about that there would be one rule for the Ministry
of Defence and another for the ordinary citizen.”
The Majid al Kabir allegations further refute the central point
made in a recent report published by the British Army into aspects
of its reign of terror in southern Iraq, which whitewashed previous
abuses as the result of bad planning, inadequate training and
the work of individuals.
Baha Mousa was a 26-year-old hospital worker detained September
2003 during a raid by members of the Queen’s Lancashire regiment
on a hotel in Basra. Mousa, who witnessed soldiers stealing cash
from the hotel, was arrested along with six other workers at the
hotel. All were hooded, bound, subjected to stress positions and
brutally beaten for days.
Photographs and records show Mousa suffered 93 injuries, including four broken ribs, a fractured nose, smashed wrists and a ligature around his neck. According to one witness, “I heard Baha
Mousa screaming. I was still hooded but it sounded like he was
in another room. I heard him scream: ‘Please help me, blood
is coming out, please help me, I am going to die.’ The last
thing I heard him say was: ‘My nose broke.’ After this
there was silence.”
The case was also central to a 2007 ruling by the British Law
Lords that the government was in breach of the European convention
of Human Rights and the UK’s own Human Rights Act for not
conducting an independent inquiry.
Aitken also reported on the outcome of cases against soldiers
accused of brutality following a riot in Amara in 2004. A video
showing youths being beaten by British troops was passed to the
News of the World. No charges were brought.
In the Camp Breadbasket case, four soldiers were finally found
guilty of abuse after images showing prisoners being forced to
simulate sex were discovered by a worker at a photo-processing
shop. Other images showed prisoners suspended from a forklift
truck.
“As a senior officer in the Iraqi army, I am clear that these terrible actions could not have taken place without support from senior officers within the British army.”