Further Charges Inevitable?

(Posted on 09/09/11)

In what's being referred to as "violent and cowardly abuse" of an Iraqi detainee who was killed while in British military custody, calls are now being made for further investigations with the goal of possible future prosecutions.

In late 2003, Baha Mousa was beaten and kicked, along with at least ten more Iraqi civilians. In a particularly revolting revelation, it was discovered the servicemen were so violent in their beatings, that it caused the victims to "emit groans and other noises" to the extent that it sounded like "musical instruments". This brutal treatment was nicknamed "the choir".

In a subsequent investigation by a retired appeal court judge, which totaled three volumes of documentation, it was said a "dark shadow" had been cast over the British military. A few of the names mentioned throughout this investigation included Corporal Donald Payne, Lieutenant Colonel Jorge Mendonca and Lieutenant Craig Rodgers and goes on to say even medical professionals played a role in the abuse. That report has now been turned over to prosecutors to decide if further charges can be placed against the accused service members.

Meanwhile, the victims that did survive are adamant in their hopes that further charges are brought and that accountability is pursued to those who inflicted the abuse. Many soldiers were suspended from the military and it's now being said further discharges are imminent. In fact, less than twenty of those who were accused remain active in the military. Further, the Ministry of Defence has paid out more than £2.8m to the victims and in some cases, their families, as compensation.

Phil Shiner, a solicitor with Public Interest Lawyers has also called for wider investigations, including a deeper look at more than 150 more complaints that were made by Iraqi detainees between 2003 and 2009. Solicitors for the families have released a collective statement through Public Interest Lawyers. No word yet on whether the accused have secured legal representation of their own for any new charges, however, it's likely they will need to do so at some point. This week, Amnesty International joined Public Interest Lawyers in its call for further investigations.