The Baha Mousa Inquiry: A Good Day for British Justice, A Bleak Day for the British Army and Their US Mentors

Yesterday, the publication of the final report of the Baha Mousa Inquiry demonstrated that, occasionally, when something truly monstrous has occurred, the British government can do the right thing, and hold a proper inquiry.

Baha Mousa, a hotel receptionist in Basra, Iraq, was killed by British soldiers in September 2003, his brutalized body bearing 93 separate injuries, after two days of what the judge in the three-year inquiry, Sir William Gage, described as “serious, gratuitous violence” that leaves “a very great stain on the reputation of the Army.”

As the Independent explained in an editorial today, the report is “damning.” The judge found that the “savagery meted out to Mr. Mousa and fellow detainees in Basra in 2003 were not the actions of a few ‘bad apples,'” but were, instead, “the result of systemic, ‘corporate’ failures that meant neither the abusive soldiers, nor their superiors, were aware that forcing detainees to wear hoods and adopt excruciating stress positions contravened both British law and the Geneva Convention.”

The Independent noted, “That any British soldier is unclear about what constitutes torture is disgraceful enough. That there were others who saw what was happening and allowed it to continue is truly shameful.” Read the rest of this entry »

Ten NGOs Withdraw from UK Torture Inquiry, Citing Lack of Credibility and Transparency

As I reported last month, ten NGOs, including Amnesty International, Liberty and Reprieve, announced their intention to boycott the government’s proposed inquiry into UK complicity in torture following the 9/11 attacks, on the first anniversary of Prime Minister David Cameron’s announcement that an inquiry would take place. Although the inquiry was initially greeted with guarded optimism, it rapidly became apparent that it was intended to be a whitewash, as I reported here, here, here and here.

Yesterday, the groups confirmed their intention to boycott the inquiry, sending a letter to the inquiry, asserting that “they will not be participating” and “do not intend to submit any evidence or attend any further meetings with the Inquiry team.”

In the letter, the NGOs said that the inquiry’s protocol and terms of reference showed it would not have the “credibility or transparency” to establish “the truth about allegations that UK authorities were involved in the mistreatment of detainees held abroad.”

As the Guardian reported, “Key sessions will be held in secret and the cabinet secretary will have the final say over what information is made public. Those who alleged they were subject to torture and rendition will not be able to question MI5 or MI6 officers, and foreign intelligence agencies will not be questioned.” Specifically, “Former detainees and their lawyers will not be able to question intelligence officials and all evidence from current or former members of the security and intelligence agencies, below the level of head, will be heard in private.” Read the rest of this entry »

UK Torture Inquiry Boycotted by Lawyers, As David Cameron Fails Again to Demonstrate an Interest in Justice

Last Wednesday, just before David Cameron was engulfed in the News of the World phone hacking crisis, he had the opportunity to practice demonstrating the disregard for justice that he called on in response to the Murdoch scandal, when he attempted to distance himself from his friendship with two former News of the World editors, Rebekah Brooks and Andy Coulson, who, of course, served as his director of communications until January this year.

The practice run last Wednesday involved the torture inquiry that Cameron announced exactly a year before, on July 6, 2010, when he told the House of Commons that he had asked a judge, Sir Peter Gibson to “look at whether Britain was implicated in the improper treatment of detainees held by other countries that may have occurred in the aftermath of 9/11,” noting that, although there was no evidence that any British officer was “directly engaged in torture,” there were “questions over the degree to which British officers were working with foreign security services who were treating detainees in ways they should not have done.” Last Wednesday, the terms of reference for the torture inquiry were published. With storm clouds gathering over Wapping, David Cameron did not comment directly as human rights groups and lawyers savaged the pending inquiry as a whitewash, but he had already done all that was needed in the preceding twelve months. Read the rest of this entry »

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Andy Worthington

Investigative journalist, author, campaigner, commentator and public speaker. Recognized as an authority on Guantánamo and the “war on terror.” Co-founder, Close Guantánamo and We Stand With Shaker. Also, photo-journalist (The State of London), and singer and songwriter (The Four Fathers).
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