Menu
14/12/2004
Iraqi family win right to death inquiry
The family of an Iraqi civilian allegedly killed by British troops has won a legal challenge over the Government's refusal to hold a full independent inquiry into the death.
In a decision, which potentially has far reaching implications for the conduct of troops overseas, the High Court ruled today that the death in custody of Baha Mousa was within the scope of the European Convention on Human Rights.
In September 2003, the 28-year-old hotel receptionist was arrested with eight other men at a hotel in Basra and he later died in custody.
Legal representations for the family of Mr Mousa contended that a failure to adequately investigate the incident was a breach of human rights under Articles 2 and 3 of the European Convention.
The Ministry of Defence countered that the UK-controlled zone in Basra was beyond European jurisdiction.
But in their finding today Lord Justice Rix and Mr Justice Forbes ruled that UK jurisdiction extended to include a UK prison and was, as is the case with an embassy, an "outpost" which was distinct from the "total territory" of another state. Mr Mousa had died in custody and was in effect under UK jurisdiction.
Both sides were granted leave to appeal.
The case was one of six test cases, all seeking applications for a judicial review. The other five cases were rejected by the judges as they were deemed to be shooting incidents that had occurred outside British jurisdiction "on the ground" in Iraqi territory.
Sir Menzies Campbell MP, Liberal Democrat Shadow Foreign Secretary, responding to today's ruling by the High Court, said the ruling was a slap in the face for the British government and was a "sharp reminder to the Government of its legal obligations".
The Ministry of Defence declined to comment on the case of Mr Mousa as an investigation is ongoing.
(SP)
In a decision, which potentially has far reaching implications for the conduct of troops overseas, the High Court ruled today that the death in custody of Baha Mousa was within the scope of the European Convention on Human Rights.
In September 2003, the 28-year-old hotel receptionist was arrested with eight other men at a hotel in Basra and he later died in custody.
Legal representations for the family of Mr Mousa contended that a failure to adequately investigate the incident was a breach of human rights under Articles 2 and 3 of the European Convention.
The Ministry of Defence countered that the UK-controlled zone in Basra was beyond European jurisdiction.
But in their finding today Lord Justice Rix and Mr Justice Forbes ruled that UK jurisdiction extended to include a UK prison and was, as is the case with an embassy, an "outpost" which was distinct from the "total territory" of another state. Mr Mousa had died in custody and was in effect under UK jurisdiction.
Both sides were granted leave to appeal.
The case was one of six test cases, all seeking applications for a judicial review. The other five cases were rejected by the judges as they were deemed to be shooting incidents that had occurred outside British jurisdiction "on the ground" in Iraqi territory.
Sir Menzies Campbell MP, Liberal Democrat Shadow Foreign Secretary, responding to today's ruling by the High Court, said the ruling was a slap in the face for the British government and was a "sharp reminder to the Government of its legal obligations".
The Ministry of Defence declined to comment on the case of Mr Mousa as an investigation is ongoing.
(SP)
Related UK National News Stories
Click here for the latest headlines.
21 September 2005
Late abortion referrals case ruled legal
A charity that referred a woman seeking a late abortion to a clinic abroad did not break the law, an inquiry has concluded. The Chief Medical Officer (CMO) launched an investigation into the handling of late abortion cases by the British Pregnancy Advisory Service, following newspaper allegations.
Late abortion referrals case ruled legal
A charity that referred a woman seeking a late abortion to a clinic abroad did not break the law, an inquiry has concluded. The Chief Medical Officer (CMO) launched an investigation into the handling of late abortion cases by the British Pregnancy Advisory Service, following newspaper allegations.
18 November 2010
UK Bailout 'Not Ruled Out' For Irish
During a two and a half hour Question Time at Westminster, the Prime Minister refused to ruled out a UK bailout for debt-ridden Ireland. David Cameron is facing questions from senior MPs about the Spending Review, Strategic Defence and Security Review (SDSR), as well as the economic situation in Ireland.
UK Bailout 'Not Ruled Out' For Irish
During a two and a half hour Question Time at Westminster, the Prime Minister refused to ruled out a UK bailout for debt-ridden Ireland. David Cameron is facing questions from senior MPs about the Spending Review, Strategic Defence and Security Review (SDSR), as well as the economic situation in Ireland.
24 July 2013
Use Of Numberplate Recognition Software Ruled Unlawful
Hertfordshire Constabulary has been told that they must stop using number plate recognition technology, as it is in breach of the law. Watchdog, the Information Commissioner's Officer (ICO), found that the force had not carried our required privacy impact checks.
Use Of Numberplate Recognition Software Ruled Unlawful
Hertfordshire Constabulary has been told that they must stop using number plate recognition technology, as it is in breach of the law. Watchdog, the Information Commissioner's Officer (ICO), found that the force had not carried our required privacy impact checks.
06 June 2013
RE Teacher Fired Over Child Abuse Images Ruled Fit To Teach Again
A professional conduct panel has ruled a teacher sacked for possession of child pornography should be allowed to return to work. 36-year-old Geoffrey Bettley, who taught religious education at St Mary's Catholic School in Menston, West Yorkshire, was suspended in 2010 when almost 200 child abuse images were found on his computer.
RE Teacher Fired Over Child Abuse Images Ruled Fit To Teach Again
A professional conduct panel has ruled a teacher sacked for possession of child pornography should be allowed to return to work. 36-year-old Geoffrey Bettley, who taught religious education at St Mary's Catholic School in Menston, West Yorkshire, was suspended in 2010 when almost 200 child abuse images were found on his computer.
20 September 2012
BSkyB Ruled 'Fit And Proper' By Media Regulator
BSkyB has been ruled as a "fit and proper" company to hold a broadcasting licence, by the UK media regulator. Ofcom investigated the broadcaster in the wake of the phone hacking scandal that engulfed Rupert Murdoch's media empire, which owns 39% of BSkyB.
BSkyB Ruled 'Fit And Proper' By Media Regulator
BSkyB has been ruled as a "fit and proper" company to hold a broadcasting licence, by the UK media regulator. Ofcom investigated the broadcaster in the wake of the phone hacking scandal that engulfed Rupert Murdoch's media empire, which owns 39% of BSkyB.
-
Northern Ireland WeatherToday:A showery start with outbreaks most frequent north of Lough Neagh and through the morning, before dwindling during the afternoon as the northwest breezes ease and brighter spells of weak sunshine prosper. Maximum temperature 8 °C.Tonight:A dry night, save for a few light showers around the coasts, with prolonged clear spells and light winds bringing a frosty dawn for many in central and southern parts. Minimum temperature -3 °C.
