Iraqi wins case against Army

#1
From the Express, sister paper to a porn empire!

Family wins death probe battle

The family of an Iraqi civilian allegedly unlawfully killed by British troops has won a High Court challenge against the Government's refusal to order an "independent and effective" inquiry into his death.

Two judges ruled in favour of the family of hotel worker Baha Mousa, 26, who was allegedly beaten to death while in custody.

But five other families had applications for judicial reviews rejected.

All six families had claimed that they were entitled under human rights laws to unprecedented investigations into whether troops were guilty of unlawful killing.

Rabinder Singh QC, appearing for the families in the six test cases, had argued that the European Convention on Human Rights applied to Iraqis in the area of south-east Iraq controlled by the British.

The QC submitted the Government was legally obliged to investigate the deaths and whether soldiers had breached articles 2 and 3 of the European Convention on Human Rights, which guarantee the right to life and freedom from torture or inhuman and degrading treatment.

Lawyers for Defence Secretary Geoff Hoon had argued the convention did not apply to British troops in Iraq as the relevant territory was outside the European jurisdiction.

They contended the Human Rights Act, which incorporated the convention into UK domestic law, was, with rare exceptions, "exclusively territorial" and could only be applied inside UK territory.

Some 30 other similar cases were awaiting the court ruling.

Nobody at the Ministry of Defence was available to comment on the case, and a Downing Street spokeswoman said: "We will be studying the judgment."
TCH was obviously an excellent lawyer in practice.....NOT! It appears that now every instance of use of force or death will have to be investigated.
 
#3
I have just watched the nauseating Phil Shiner spouting about his 'great victory' on BBC News 24. Apparently this case marks the end of 'torture by the British Army', which really says rathr more about him than it does about teh army. He now wants an independent inquiry into the death of every Iraqi in the area controlled by UK forces. He is backed up by a screeching Spam woman who represents a human rights organisation.

Odd that the loathsome Shiner isn't off to Iraq to seek justice for the people tortured and killed by the B'aathists.

Quite why this appalling creature is so unpatriotic and anti-military is not clear.

Naturally, if soldiers were at fault they should be dealt with appropriately - there can be no excuse for behaving outside the ROE. However, it seems to me that this is a case where Shiner et al want an inquiry which will produce the 'right' result, Bloody Sunday stylee. Oh, and let's not forget the compensation - if they don't get that he doesn't get paid.
 
#4
[quote="ViroBono
Quite why this appalling creature is so unpatriotic and anti-military is not clear. quote]

Simple, really. Money and publicity, leading to more cases and even more money. :twisted:
 
#5
claymore said:
[quote="ViroBono
Quite why this appalling creature is so unpatriotic and anti-military is not clear. quote]

Simple, really. Money and publicity, leading to more cases and even more money. :twisted:
And probably leading to a political career? :evil:
 
#6
MikeMcc said:
[And probably leading to a political career? :evil:
Probably the icing on the cake for the self-serving ba*tard. Gives him the perfect credentials for Neue Arbeit.
 

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