The UK government is facing more allegations of vicious abuse in its Iraqi prisons during the occupation. Now, on the eve of the 10th anniversary of the invasion, lawyers want to prove that the abuse was systemic.
Next week, from January 29, not long before the 10th anniversary of the invasion of Iraq, UK lawyer Phil Shiner will present 180 statements to a high court in London. They were gathered in Beirut by Shiner and his Public Interest Lawyers team from Iraqis detained by the British army in southern Iraq between 2003 and 2008. The testimony is shocking, both because of its volume (another 871 statements are still to come), and its sickening detail.
One civilian, known only as Khalid, said, “[A British soldier] then grabbed my penis and dragged me around the floor while holding it. He also made me squat up and down whilst naked and inserted his finger into my anus. I would have preferred to have been killed than subjected to this.”
Another prisoner, named Halim, claimed he was told: “Fuck you and fuck Islam!” by a soldier who then “opened the belt of my trousers and said ‘now jiggy jiggy’. The soldier put his boot in my chest and pulled my trousers down … The soldier put his foot on my chest … lifted me in the air and turned me on to my front.”
Not just ‘bad apples’
These are two of the dozens of descriptions, which feature hooding, sleep and sensory deprivation, mock executions, stress positions, threats of rape of detainees’ female relatives, regular beatings, and religious abuse.
Shiner intends to show that the “bad apples” defense usually peddled by governments in such cases will no longer wash. He will argue that the sheer volume of the evidence he has gathered shows that the abuse was “systemic,” and that, under the European Convention on Human Rights, a full inquiry is required.
“We’ve got the training materials, we’ve got the policy documents,” Shiner told the British Observer newspaper. “Violence was endemic to the state practices.”
Kartik Raj, UK-based campaigner for Amnesty International, agreed. “The allegations of abuse, ill-treatment, and death in custody – some of them are not allegations, they’re proven fact – are so credible and so many, that there really does need to be an independent and thorough investigation,” he told DW. “And it is something that should be looked at as a systemic issue in a systematic manner, rather than a series of individual cases where individuals have to take out a civil action against the government.”
Proving systemic abuse
The importance of proving that such cases are not isolated is shown by the injustice that followed the killing of Baha Mousa. Mousa, a 26-year-old hotel receptionist, died after just 36 hours of British custody in Basra in September 2003. A British government inquiry into the death found that he had died after having been hooded for 24 hours and severely beaten. He suffered “at least” 93 injuries, including fractured ribs and a broken nose, and died, the inquiry concluded, of a combination of lack of food and water, heat, exhaustion, fear, previous injuries, and the hooding and stress positions. Andrew Williams, a law professor who wrote the book A Very British Killing on the Baha Mousa case, concluded more simply, “He was kicked to death.”
Baha Mousa’s father Dawood Mousa arrives to give evidence to the Baha Mousa Inquiry in London, Wednesday Sept. 23, 2009. Mousa was a 26-year old Iraqi who was beaten and killed in the custody of British troops following a raid on his hotel in the southern Iraq city of Basra in September 2003.
Seven soldiers were charged for the war crime. Six were acquitted or had their charges dropped, while the seventh, Corporal Donald Payne, was discharged from the army, served a year in prison for “inhumane treatment,” while being cleared of manslaughter and perverting the course of justice. The judge, Justice Ronald McKinnon, stated that “none of those soldiers has been charged with any offence simply because there is no evidence against them as a result of a more or less obvious closing of ranks.” “A collective amnesia set in,” Williams told DW.
Thanks to the sheer number and the repetition in the new statements collected by Shiner, it seems easy to establish that there was a pattern of abuse during the British army occupation of southern Iraq. According to Williams, who also works as a researcher and legal advisor for the Public Interest Lawyers, “Under international criminal law, it’s not completely required that you have to prove beyond any doubt that a particular person was responsible for setting up a program of abuse.” Instead, Shiner will try to “establish that there is clear evidence… that people in authority knew that it was happening, and yet nothing was done to stop it.”
Training interrogators
Some of the interrogation techniques described both in the Baha Mousa inquiry and the new testimonies – including hooding, sensory deprivation, and stressing – were made illegal in Britain in the early 1970s, following a European Court of Human Rights case on the treatment of Irish prisoners.
In this undated still photo provided by The Washington Post on Friday, May 21, 2004, a hooded Iraqi detainee appears to be cuffed at the ankle chained to a door handle while being made to balance on two boxes at the Abu Ghraib prison on the outskirts of Baghdad. The Washington Post has obtained what it says are hundreds of photographs and short digital videos – as of yet unreleased – depicting U.S. soldiers physically and emotionally abusing detainees last fall in the Abu Ghraib prison.
In light of this, the training materials for British army interrogators, some of which were disclosed in the Baha Mousa inquiry, have become key evidence. But the allusions in those manuals and Powerpoint presentations are vague. “They show that there was a degree of contempt for detainees,” said Williams. “There would be comments such as, ‘Get them naked.’ There are certain indications in these materials that most people would see as abusive in themselves, but they also open the door for soldiers to take the material as a license to invent ways of treating detainees. You need to put together the pieces of a jigsaw.”
The British Ministry of Defense’s answer to all this is that any general questions about abuse were dealt with by the Baha Mousa inquiry, which resulted in 73 recommendations, as well as the ongoing work of its own internal “Iraq Historic Allegations Team.” But this, says Amnesty International’s Raj, is not enough.
“It’s clear that the Baha Mousa recommendations, including the systemic recommendations, are based on a very, very specific time frame,” he said. “I think the new issues have not been sufficiently addressed.”
British soldiers help Iraqi soldiers during the construction of a military base in Basra, southern Iraq on 13 April 2008. Iraqi security forces set up several military bases in areas which witnessed battles between Iraqi security forces and the Mahdi Army in Basra.
“The inquiry only looked at the particular systems in that particular case,” added Williams. “It couldn’t look at the investigation that took place after Baha Mousa was found dead, nor could it look at any other examples of abuse that had come to light. It couldn’t join the dots.”
‘Culture of contempt’
Once they are joined, argues Williams, these dots create an image of what he calls a “culture of contempt” during the occupation of Iraq – including not only abuse of prisoners of war and civilians, but also unlawful killings on the streets.
If the high court does rule that there will be a public inquiry, it could go beyond making recommendations to actually prescribing responsibility. “From an international criminal law position, the answer to the question ‘how high does it go?’ is that it goes to top of government,” said Williams. “But in terms of direct culpability – that’s impossible to know unless you look at individual cases. As to general governmental responsibility, one has to ask who was in power at the time, who was overseeing the way that troops were operating and the means of interrogation.”
The fact that the British government recognizes that there is a problem seems beyond doubt – in December it was reported that over £14 million (16.7 million euros) had been paid out to over 150 Iraqis in compensation for their treatment at the hands of British soldiers. “Why would they receive compensation, unless there was some legitimacy to their complaints?” asked Williams.
January 26, 2013
Posted by aletho |
Subjugation - Torture, Timeless or most popular, War Crimes | Baha Mousa, Basra, British Army, Death of Baha Mousa, Iraq, Mousa, UK |
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Do we not care about the massacres of our lifetime?
December 1948 was just six months into a 12-year campaign to crush communists, who were trying to drive British occupiers out of the Malay Peninsula.
From 1874 to mid 1950s, the British struggled to suppress resistance to occupation. The brutality of some British forces in the Malay Peninsula drove many ethnic Chinese to communism. People who supported communists were literally fenced in. People who opposed communism were co-opted and their communities offered food, medicine and protection. The guerrillas were starved out in the jungle with the gorillas.
Survivors recall
“Did the soldiers bring you outside all at once or in groups?”
“I cannot remember, I fainted. The spirits pushed me. They shot us.”
He was not well in his 70s. He went to the spot where he fainted and fell from British bullets that killed 24 of his fellow workers 55 years before. The rubber trees these deceased tapped were felled long ago. Only stumps remain of the “rumah kongsi” that was once their communal home. His wife had throat cancer. She could eat only un-spiced fish and vegetables. She remembered the brutalities. She was 16 then, a fiance to the man. Another survivor, in her 80s, could recall seeing her husband, the estate supervisor, led out and shot in cold blood with the others.
“The British said that the man who had a receipt for fruit was supplying communists with food. ” “They shot him.” “I wanted to stay and die with them.”
“So cruel those British, so cruel.”
The British soldiers came in trucks and accused the villagers of helping communists. The men and women of the village were separated. The women were loaded onto trucks to be taken away. The younger woman asked where the men were. The soldiers said the men would have to be shot. She remembered watching as the men were led out in groups of four and five, told to turn around by the waiting troops and shot in the back. After two days, she returned to look for her fiance. The bodies had been mutilated, heads hacked off and genitals smashed.
This was 8 months after the massacre of 250 Palestinians on 9th April, 1948 in the village of Deir Yassin in the district of Jerusalem in British-occupied Palestine. The soldiers who made Batang Kali into a killing field in December 1948 were not illegal illegitimate immigrant thugs of the Haganah, Vladimir Jabutinsky’s Irgon, Abraham Stern’s the Stern gang, Palmach and Golani supported and funded by Anglo-American Zionists in the premeditated and systematic ethnic cleansing of Palestinians. They were British Scots Guards struggling to hold on to imperialism, colonialism and may be even Zionism in the face of widespread resentment and resistance. This killing field in the Malay Peninsular as brutal as the Sharpeville massacre of 69 young demonstrators in apartheid South Africa in March 1960 was not unlike so many killing fields made by Americans up north in late 1960s. It was worse with the massacre of 150 unarmed Vietnamese at My Lai on 16th March 1968. It was so much worse with the massacre of at least 1000 unarmed Palestinian refugees in September 1982 at Sabra and Shatila camps in Lebanon ordered by Ariel Sharon as Israeli defense minister conspiring with Elie Hobeike’s Lebanese Forces militia, and another Israeli proxy, Major Saad Haddad’s South Lebanon Army after the American-backed invasion of West Beirut.
Justice was never seen to have been done about these massacres and many more. The killers are still at it in Palestine, Afghanistan, Iraq and Sudan.
Are we not weaklings held to account for indifference or inaction?
These, our deceased, had the right of resistance; they might be labeled communists or terrorists, but they were our people, dead or alive; anytime anywhere they were braver than those people who shot them in the back.
July 6, 2010
Posted by aletho |
Aletho News, Militarism, Subjugation - Torture, War Crimes | Human rights, UK |
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