Britain must hold an independent inquiry into claims an Iraqi hotel worker was beaten to death by its soldiers, a top court ruled today, rejecting a government attempt to avoid the investigation.
The UK's Ministry of Defence
The Ministry of Defence had argued that the military justice system alone should deal with the death of Baha Mousa, who died in British military custody in southern Iraq in 2003.
But the Appeal Court in London backed a High Court ruling from last year that Mr Mousa's family was entitled to an independent inquiry under European human rights legislation.
"The government must follow the court's very clear ruling that the military system of investigation and prosecution in torture and abuse cases is fundamentally flawed," said Phil Shiner, a lawyer acting for Mousa's family.
Mr Mousa (26) was held by troops during a September 2003 raid on a hotel in the Iraqi city of Basra.
His blood-caked corpse was returned to his family days later. Allegations of abuse of Iraqi civilians by US-led forces have made headlines repeatedly since the publication of photographs last year of US soldiers mistreating inmates at Baghdad's Abu Ghraib jail.
Today's ruling said Mr Mousa's family were entitled to the inquiry because he appears to have been in British custody when he died or was abused. However the court also rejected appeals by the families of other Iraqis who wanted similar inquiries into the deaths of their relatives in who died in street incidents.
In a statement the Ministry of Defence said: "The MoD welcomes the judgment of the Court of Appeal that, in five of the six cases considered by it, the European Convention on Human Rights is not applicable because, although the UK was an occupying power in southern Iraq, it did not have the required degree of control.
"The UK possessed no executive, legislative or judicial authority in Basra and could not be equated to a civil power.
"It was not, therefore, in a position to secure to everyone in Basra the rights and freedoms guaranteed by the ECHR."
The statement continued: "We also welcome the judgment that, in the case of the Baha Mousa investigation, it is premature to conclude that we were in procedural breach of the ECHR before the outcome of the investigation is known.
"As announced by the Attorney General, several soldiers are due to face charges in connection with this case. A court-martial is scheduled for next year, and for legal reasons it is not possible to comment further on this case.
"Both parties have sought permission to appeal to the House of Lords on the issue of the application of the Human Rights Act."