12 Apr 2007

New photographs showing that an Iraqi civilian killed in UK detention was severely beaten will be revealed by his father at a press conference on Monday hosted by the human rights group Liberty. The event marks the beginning of a Law Lords hearing to determine if human rights laws should apply to the British military operating abroad.

The House of Lords case begins on 17 April and in six test cases will find whether the European Convention on Human Rights and the Human Rights Act applies to UK forces operating in Iraq. One of the dead, Baha Mousa, died in UK detention while the other five died when UK soldiers used lethal force against them while patrolling the streets of Basra.

Liberty Director Shami Chakrabarti said:

“Even during military operations, no one should be hooded, beaten and left to die from their injuries as Mr. Mousa was. The death of innocent civilians is abhorrent to soldier and citizen alike - these victims deserve nothing less than a full and independent investigation brought under human rights laws.”

WHAT: Press conference revealing new abuse photos and father’s plea for justice in Iraqi civilian deaths case

WHO: Colonel Mousa, father of killed Iraqi civilian Baba Mousa;
his solicitor Phil Shiner of Public Interest Lawyers who will present additional new photos of Iraqi civilians beaten in UK detention;
chaired by Liberty Director Shami Chakrabarti

WHEN: 15:00 – 15:30 on Monday 16 April 2007

WHERE: Room N Portcullis House (reserved by Dianne Abbott MP)

Contact: Jen Corlew on 0207 378 3656 or 0797 3 831 128

Notes to Editors:

The Al-Skeini v Secretary of State for Defence appellants and their stories:
• Baha Mousa, aged 26, was arrested during a raid by UK Armed forces at Haitham Hotel, detained and allegedly beaten to death by UK soldiers. He had been taken with eight others to the UK’s Temporary Detention Facility. The individuals were allegedly subjected to prolonged hooding with sandbags, prolonged stress positions such as sitting on an imaginary chair, prolonged sleep deprivation, ritualised abuse through kickboxing games where soldiers apparently competed to kick the detainees further across the room and prolonged beatings including kicking. On 13 March 2007 a military court martial at Camp Bulford found Corporal Payne of the Queen’s Lancashire regiment guilty of inhumane treatment and found not guilty the remaining officers and soldiers charged with various offences relating to the incident.

• Hazim Al-Skeini, aged 23, was shot dead in the street by British troops in August 2003. Al-Skeini’s father said his son left the house to join what he believed to be a tribal funeral, which is associated with gunfire.

• Muhammed Salim, a 45-year old teacher, was shot dead in his brother-in-law’s home in November 2003 when a patrol entered the home on a search and arrest mission.

• Hannan Shmailawi was killed by a sudden burst of machine-gun fire from outside her home as she sat at the dinner table with her family in November 2003.

• Waleed Sayay Mezban, 43 years old, was killed as he drove his minibus home from work in August 2003.

• Raid Al-Musawi, a 29-year old Iraqi police commissioner, was shot and wounded by a British soldier during a power failure and died in hospital nine weeks later.

2. In Al-Skeini v Secretary of State for Defence, the appellants argue that the six Iraqi civilians killed during the occupation of Iraq had their rights breached under Article 2 (the right to life) and/or Article 3 (the prohibition against torture) of the European Convention on Human Rights and the Government is therefore obliged to hold an independent inquiry into their treatment. The High Court and the Court of Appeal found that the Human Rights Act applies in situations where an individual is detained by a British authority, in this case, the military. The House of Lords will hear the appeal for six days from 17th to 19th and 23rd to 25th April 2007.

3. Interveners in the case include Liberty, the Aire Centre, Amnesty International, the Association for the Prevention of Torture, the Bar Human Rights Committee, British Irish Rights Watch, Interights, Justice, Kurdish Human Rights Project, the Law Society of England and Wales and the Redress Trust.