British High Court OKs Inquiry Into Iraqi’s Death

A court ruled Tuesday that the government should hold an independent inquiry into the case of an Iraqi civilian who was allegedly beaten to death by British troops.

Baha Mousa, 26, a hotel receptionist in the southern Iraqi city of Basra, died in September 2003 after being arrested and taken to a British military base.

In its appeal, Mousa’s family had argued that European and British human rights laws applied to British soldiers in Iraq, and that there should be an independent inquiry into his death. The High Court agreed.

Judges Bernard Rix and Thayne Forbes rejected applications from the families of five other Iraqis allegedly killed by soldiers from Britain.

Government lawyers had argued that British troops serving in Iraq weren’t subject to the same human rights laws because they were outside European jurisdiction.

Officials say all allegations of death and mistreatment by British forces are investigated by the military.

But the judges ruled that Mousa’s death fell within British jurisdiction because he was in British custody when he died, unlike the other five Iraqis.

They also criticized the Royal Military Police investigation into Mousa’s death, saying it was not “timely, open or effective.”

A lawyer acting for Mousa’s family welcomed the ruling.

“Today is a historic day for human rights and the rule of law in the U.K.,” attorney Phil Shiner said.

All six people in the High Court case died in British-occupied southeastern Iraq after major combat was declared over on May 1, 2003, and before the hand-over of power to an Iraqi administration on June 28 this year.

Five of the victims allegedly were shot -- two in their homes, one while driving, one at a funeral and one while working as a police officer. Mousa was the sixth.