Military prosecutions for Iraq torture
Rachael Brown reported this story on Friday, November 5, 2010 08:21:00
TONY EASTLEY: Allegations that British troops tortured prisoners in Iraq will end up in London's High Court.
Lawyers representing 142 Iraqis will claim their clients were held and interrogated by British forces between 2003 and 2009 and their treatment amounted to systematic torture.
Here is London correspondent Rachael Brown.
RACHAEL BROWN: Former Basra taxi driver Ali Zaki Mousa says people were delighted with British forces after the defeat of Saddam Hussein. But he says they soon turned from helpers to savage wolves.*
He describes the night he and his brothers were arrested by British soldiers four years ago.
ALI ZAKI MOUSA (translated): The soldiers started hitting me in the chest and genitals. The soldiers forced me to kneel facing the wall and tied my hands with plastic handcuffs. Then they started kicking me and swearing at me. They kept using the f word and telling me to shut up.
RACHAEL BROWN: He says the abuse got worse when he was taken to Basra airport.
ALI ZAKI MOUSA (translated): The captain and the colonel who interviewed me, Colonel Mark, his nickname is the devil - both of them accused me of being a member of the militias and that is not true. They threatened me with removing my nails using pincers.
RACHAEL BROWN: Ali Zaki Mousa was released without charge after being detained for a year.
He says he still has marks on his body, can't have more children and can't deal with any pressure, hitting his wife and daughter when he loses his temper.
Lawyer Phil Shiner says this is one of countless similar stories.
There's already been public inquires into a couple of cases like that of 26 year old Baha Mousa, a hotel receptionist beaten to death whilst in British custody in 2003.
But Mr Shiner says there are systemic issues that have never been explored.
PHIL SHINER: A lot of what we're hearing about now goes down to what the interrogators were doing which was in a secret compound.
So for example it was always the practice to force the internees to get naked. Now these are male Muslims. They often refuse to take off their clothes. And then force would be used and that force would then shade into sexual abuse and humiliation.
RACHAEL BROWN: He'll be leading the case for 142 complainants which will look at every facility British troops used from the start of the war to 2009.
PHIL SHINER: The comparison that can be made with what we know about what the US were doing at Guantanamo Bay or Abu Ghraib leads me to ask the ask the question, were we learning from them or were they learning from us?
RACHAEL BROWN: The British Ministry of Defence has issued a statement saying the allegations of mistreatment remain unproven.
It's contesting the application for a public inquiry saying it would be costly and pointless as it couldn't investigate individual criminal behaviour or impose punishment.
It's launched its own investigation, the Iraq Historic Allegations Team. But critics say any inquiry needs to be independent given the Royal Military Police is implicated in many of the allegations.
Bruce Houlder who directs prosecutions at the Royal Military Police Authority says allegations have never been enshrined in witness statements and some complainants are obstructive, making his job difficult.
BRUCE HOULDER: I mean goodness knows I would like to prosecute a case where there is evidence of a serious wrong-doing. Anyone who thinks that the services are not interested in those who for example commit abuses against prisoners is wide of the mark.
RACHAEL BROWN: But lawyers say their clients have been begging to be interviewed.
The matter goes before London's High Court later today.
This is Rachael Brown in London reporting for AM.
EDITOR'S NOTE (5.11.10): The transcript and audio of this story have been edited to remove a mis-speak by the reporter
Lawyers representing 142 Iraqis will claim their clients were held and interrogated by British forces between 2003 and 2009 and their treatment amounted to systematic torture.
Here is London correspondent Rachael Brown.
RACHAEL BROWN: Former Basra taxi driver Ali Zaki Mousa says people were delighted with British forces after the defeat of Saddam Hussein. But he says they soon turned from helpers to savage wolves.*
He describes the night he and his brothers were arrested by British soldiers four years ago.
ALI ZAKI MOUSA (translated): The soldiers started hitting me in the chest and genitals. The soldiers forced me to kneel facing the wall and tied my hands with plastic handcuffs. Then they started kicking me and swearing at me. They kept using the f word and telling me to shut up.
RACHAEL BROWN: He says the abuse got worse when he was taken to Basra airport.
ALI ZAKI MOUSA (translated): The captain and the colonel who interviewed me, Colonel Mark, his nickname is the devil - both of them accused me of being a member of the militias and that is not true. They threatened me with removing my nails using pincers.
RACHAEL BROWN: Ali Zaki Mousa was released without charge after being detained for a year.
He says he still has marks on his body, can't have more children and can't deal with any pressure, hitting his wife and daughter when he loses his temper.
Lawyer Phil Shiner says this is one of countless similar stories.
There's already been public inquires into a couple of cases like that of 26 year old Baha Mousa, a hotel receptionist beaten to death whilst in British custody in 2003.
But Mr Shiner says there are systemic issues that have never been explored.
PHIL SHINER: A lot of what we're hearing about now goes down to what the interrogators were doing which was in a secret compound.
So for example it was always the practice to force the internees to get naked. Now these are male Muslims. They often refuse to take off their clothes. And then force would be used and that force would then shade into sexual abuse and humiliation.
RACHAEL BROWN: He'll be leading the case for 142 complainants which will look at every facility British troops used from the start of the war to 2009.
PHIL SHINER: The comparison that can be made with what we know about what the US were doing at Guantanamo Bay or Abu Ghraib leads me to ask the ask the question, were we learning from them or were they learning from us?
RACHAEL BROWN: The British Ministry of Defence has issued a statement saying the allegations of mistreatment remain unproven.
It's contesting the application for a public inquiry saying it would be costly and pointless as it couldn't investigate individual criminal behaviour or impose punishment.
It's launched its own investigation, the Iraq Historic Allegations Team. But critics say any inquiry needs to be independent given the Royal Military Police is implicated in many of the allegations.
Bruce Houlder who directs prosecutions at the Royal Military Police Authority says allegations have never been enshrined in witness statements and some complainants are obstructive, making his job difficult.
BRUCE HOULDER: I mean goodness knows I would like to prosecute a case where there is evidence of a serious wrong-doing. Anyone who thinks that the services are not interested in those who for example commit abuses against prisoners is wide of the mark.
RACHAEL BROWN: But lawyers say their clients have been begging to be interviewed.
The matter goes before London's High Court later today.
This is Rachael Brown in London reporting for AM.
EDITOR'S NOTE (5.11.10): The transcript and audio of this story have been edited to remove a mis-speak by the reporter
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