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Abuse cases 'need catch-all inquiry'

Monday 08 February 2010
by Paddy McGuffin
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A senior judge has told the government to consider a single inquiry into 46 outstanding cases involving the British army's alleged abuse of Iraqi civilians, it has been reported.

The Independent newspaper reported that Mr Justice Silber, who is presiding over a number of cases of abuse and has castigated the government over its lack of transparency, made the recommendation in a letter to the Ministry of Defence.

The plan would lead to the largest investigation into mass malpractice by the military in British history.

Currently the government is embroiled in a number of legal cases and inquiries regarding allegations of torture and murder of Iraqi civilians, including that into the death in custody of Basra hotel worker Baha Mousa and the alleged torture and murder of Hamid al-Sweady and others after the battle of Danny Boy.

Mr Mousa was tortured and beaten to death by soldiers of the Queen's Lancashire Regiment in September 2003. At post mortem his body was found to have suffered 93 separate injuries sustained over a 36-hour period on the floor of a filthy toilet at a temporary holding facility.

Judge Silber said his provisional view was that he was "uncertain what is to be gained by the Secretary of State (Defence Secretary Bob Ainsworth) continuing to contest these claims for investigation."

He added that the government had already shown it was "unable to give proper disclosure" in the Sweady case and that failure to hold a single catch-all inquiry could lead to a "further waste of valuable court time" and taxpayers' expense.

Solicitor Phil Shiner of Public Interest Lawyers, which represents 66 Iraqis in 46 different cases, said a single inquiry must take place.

"There are so many cases and so many have so much in common - similar allegations at similar facilities, often involving the same people," he said.

"We can't have these dragged out over 10 or 15 years. This is the only rational option."

But Armed Forces Minister Bill Rammell said: "The MoD has received Public Interest Lawyers' further arguments that there should be a public inquiry looking at Iraq abuse allegations.

"Our view remains that a public inquiry is not justified, but the MoD is considering this again and will respond in due course."

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