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Baha Mousa was an Iraqi man who died while in
British Army The British Army is the principal land warfare force of the United Kingdom, a part of the British Armed Forces along with the Royal Navy and the Royal Air Force. , the British Army comprises 79,380 regular full-time personnel, 4,090 Gurk ...
custody in
Basra Basra ( ar, ٱلْبَصْرَة, al-Baṣrah) is an Iraqi city located on the Shatt al-Arab. It had an estimated population of 1.4 million in 2018. Basra is also Iraq's main port, although it does not have deep water access, which is hand ...
,
Iraq Iraq,; ku, عێراق, translit=Êraq officially the Republic of Iraq, '; ku, کۆماری عێراق, translit=Komarî Êraq is a country in Western Asia. It is bordered by Turkey to Iraq–Turkey border, the north, Iran to Iran–Iraq ...
, in September 2003. The inquiry into his death found that Mousa's death was caused by "factors including lack of food and water, heat, exhaustion, fear, previous injuries and the hooding and
stress position A stress position, also known as a submission position, places the human body in such a way that a great amount of weight is placed on just one or two muscles. For example, a subject may be forced to stand on the balls of their feet, then squat ...
s used by British troops - and a final struggle with his guards". The inquiry heard that Mousa was
hooded A hood is a kind of headgear that covers most of the human head, head and neck, and sometimes the face. Hoods that cover mainly the sides and top of the head, and leave the face mostly or partly open may be worn for protection from the environm ...
for almost 24 hours during his 36 hours of custody by the 1st Battalion of the
Queen's Lancashire Regiment The Queen's Lancashire Regiment (30th, 40th, 47th, 59th, 81st and 82nd Regiments of Foot) (QLR) was an infantry regiment of the British Army, part of the King's Division. It was formed on 25 March 1970 at Connaught Barracks in Dover through ...
and that he suffered at least 93 injuries before his death. The report later details that Mousa was subject to several practices banned under both domestic law and the
Geneva Conventions upright=1.15, Original document in single pages, 1864 The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Conven ...
. Seven British soldiers were charged in connection with the case. Six were found not guilty. Corporal Donald Payne pleaded guilty to inhumane treatment of a prisoner and was jailed for a year and dismissed from the Army. On 19 September 2006 with his guilty plea to inhumane treatment of Mousa, Payne became the first British soldier to admit to a war crime. A final 1,400-page report said a "large number" of soldiers assaulted Mousa and that many others, including officers, must have known about the abuse. The report called his death an "appalling episode of serious gratuitous violence". The inquiry condemned the
Ministry of Defence {{unsourced, date=February 2021 A ministry of defence or defense (see spelling differences), also known as a department of defence or defense, is an often-used name for the part of a government responsible for matters of defence, found in states ...
for "corporate failure" and the regiment for a "lack of moral courage to report abuse".


Death

On 14 September 2003, Mousa, a 26-year-old hotel
receptionist A receptionist is an employee taking an office or administrative support position. The work is usually performed in a waiting area such as a lobby or front office desk of an organization or business. The title ''receptionist'' is attributed to ...
, was arrested along with six other men and taken to a British base. While in detention, Mousa and the other captives were hooded, severely beaten and
assault An assault is the act of committing physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in crim ...
ed by a number of British troops. Two days later, Mousa was found dead. A
post-mortem examination An autopsy (post-mortem examination, obduction, necropsy, or autopsia cadaverum) is a surgical procedure that consists of a thorough examination of a corpse by dissection to determine the cause, mode, and manner of death or to evaluate any dis ...
found that Mousa suffered at least 93 injuries, including fractured ribs and a broken nose, which were in part the cause of his death.


Investigation

Seven members of the
Queen's Lancashire Regiment The Queen's Lancashire Regiment (30th, 40th, 47th, 59th, 81st and 82nd Regiments of Foot) (QLR) was an infantry regiment of the British Army, part of the King's Division. It was formed on 25 March 1970 at Connaught Barracks in Dover through ...
were tried on charges relating to the ill treatment of detainees, including those of war crimes under the
International Criminal Court Act 2001 The International Criminal Court Act 2001 (c.17) is an Act of the Parliament of the United Kingdom. The Act incorporates into English law and Northern Ireland law the Rome Statute of the International Criminal Court. The principal aims of the ...
. On 19 September 2006,
Corporal Donald Payne Corporal Donald Payne (born 9 September 1970) is a war criminal and former soldier of the Queen's Lancashire Regiment and later the Duke of Lancaster's Regiment of the British Army who became the first member of the British armed forces to be con ...
pleaded guilty to a charge of inhumane treatment to persons, making him the first member of the British armed forces to plead guilty to a war crime. He was subsequently jailed for one year and expelled from the army. The
BBC #REDIRECT BBC #REDIRECT BBC Here i going to introduce about the best teacher of my life b BALAJI sir. He is the precious gift that I got befor 2yrs . How has helped and thought all the concept and made my success in the 10th board exam. ...
...
reported that the six other soldiers were cleared of any wrongdoing, and the ''
Independent Independent or Independents may refer to: Arts, entertainment, and media Artist groups * Independents (artist group), a group of modernist painters based in the New Hope, Pennsylvania, area of the United States during the early 1930s * Independ ...
'' reported that the charges had been dropped, and that the presiding judge, Mr Justice Stuart McKinnon, stated that "none of those soldiers has been charged with any offence, simply because there is no evidence against them as a result of a more or less obvious closing of ranks."


Court rulings based on this case

#
Colonel Colonel (abbreviated as Col., Col or COL) is a senior military officer rank used in many countries. It is also used in some police forces and paramilitary organizations. In the 17th, 18th and 19th centuries, a colonel was typically in charge of ...
Jorge Mendonça – cleared of negligently performing a duty #
Sergeant Sergeant (abbreviated to Sgt. and capitalized when used as a named person's title) is a rank in many uniformed organizations, principally military and policing forces. The alternative spelling, ''serjeant'', is used in The Rifles and other uni ...
Kelvin Stacey – cleared of common assault #
Lance Corporal Lance corporal is a military rank, used by many armed forces worldwide, and also by some police forces and other uniformed organisations. It is below the rank of corporal, and is typically the lowest non-commissioned officer (NCO), usually equi ...
Wayne Crowcroft – cleared of inhumane treatment #
Private Private or privates may refer to: Music * " In Private", by Dusty Springfield from the 1990 album ''Reputation'' * Private (band), a Denmark-based band * "Private" (Ryōko Hirosue song), from the 1999 album ''Private'', written and also recorde ...
Darren Fallon – cleared of inhumane treatment #
Corporal Corporal is a military rank in use in some form by many militaries and by some police forces or other uniformed organizations. The word is derived from the medieval Italian phrase ("head of a body"). The rank is usually the lowest ranking non ...
Donald Payne – admitted inhumane treatment, cleared of manslaughter and perverting the course of justice #
Warrant Officer Warrant officer (WO) is a rank or category of ranks in the armed forces of many countries. Depending on the country, service, or historical context, warrant officers are sometimes classified as the most junior of the commissioned ranks, the mos ...
Mark Davies – cleared of negligently performing a duty #
Major Major (commandant in certain jurisdictions) is a military rank of commissioned officer status, with corresponding ranks existing in many military forces throughout the world. When used unhyphenated and in conjunction with no other indicators ...
Michael Peebles – cleared of negligently performing a duty


Breach of human rights

On 27 March 2008, British Defence Secretary Des Browne admitted to "substantial breaches" of the
European Convention of Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by t ...
over the death of Baha Mousa. In July 2008 the
Ministry of Defence {{unsourced, date=February 2021 A ministry of defence or defense (see spelling differences), also known as a department of defence or defense, is an often-used name for the part of a government responsible for matters of defence, found in states ...
agreed to pay £2.83 million in compensation to the family of Baha Mousa and nine other men, following an admission of "substantive breaches" of articles 2 and 3 (right to life and prohibition of torture) of the
European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by t ...
by the British Army.


Public inquiry

A
public inquiry A tribunal of inquiry is an official review of events or actions ordered by a government body. In many common law countries, such as the United Kingdom, Republic of Ireland, Ireland, Australia and Canada, such a public inquiry differs from a royal ...
, chaired by the retired Lord Justice of Appeal Sir William Gage, reported on 8 September 2011 after three years of investigation. The report concluded British soldiers had subjected detainees to "serious, gratuitous violence".Baha Mousa inquiry: MoD's guilt for death of Army's Iraqi prisoner
The Telegraph, 8 September 2011
Army training manuals failed to explain that the five interrogation techniques used had been banned by the British since 1972, and were also illegal under the
Geneva Convention upright=1.15, Original document in single pages, 1864 The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Conven ...
. The inquiry again cleared Mendonca of knowledge of the attacks, but found that as commanding officer he should have known of them. Although the Queen's Lancashire Regiment were cleared of an "entrenched culture of violence", the inquiry found the violence used in the Baha Mousa case was not a lone example, and identified 19 soldiers directly involved in the abuses, including those already unsuccessfully tried at previous Courts Martial. Lawyers for families of the victims suggested there was sufficient evidence for fresh prosecutions in the civilian courts.


Other enquiries

Derek Keilloh had treated Baha Mousa when he was a Medical Officer with the Queen's Lancashire Regiment. In December 2012 Keilloh was struck off the Medical Register, after the Medical Practitioners Tribunal Service found him guilty of dishonest conduct in subsequent enquiries into Baha Mousa's death.


Further reading

In October 2012 Andrew T. Williams, professor of law at
Warwick University , mottoeng = Mind moves matter , established = , type = Public research university , endowment = £7.0 million (2021) , budget = £698.2 million (2020 ...
and an adviser to the families' lawyers, published ''A Very British Killing: The Death of Baha Mousa'', an account of the events and the subsequent inquiry. ''A Very British Killing'' won the 2013
Orwell Prize The Orwell Prize, based at University College London, is a British prize for political writing. The Prize is awarded by The Orwell Foundation, an independent charity (Registered Charity No 1161563, formerly "The Orwell Prize") governed by a boa ...
for political writing.


References


External links


Soldiers viewed all Iraqis as 'scum', Baha Mousa inquiry hears
''The Guardian'', 27 April 2010
UK Troops beat Iraqi to death
BBC News

{{DEFAULTSORT:Mousa, Baha 1970s births Year of birth missing 2003 deaths 2003 in Iraq Deaths by beating Deaths by person in Iraq Iraqi murder victims Iraqi people who died in prison custody Iraqi torture victims Military scandals People murdered in Iraq Prisoners who died in British military detention Torture in the United Kingdom War crimes in Iraq 2003 in military history September 2003 events in Asia 2003 murders in Iraq British war crimes