Family wins inquiry into killing of prisoner son

THE family of an Iraqi civilian allegedly unlawfully killed by British troops while in custody won a human-rights ruling yesterday, which opens the way for an independent investigation into his death.

In a dramatic blow to the Defence Secretary, Geoff Hoon, who had opposed a fresh investigation, two senior High Court judges ruled in favour of the family of Baha Mousa, 26, a hotel worker who was allegedly beaten to death.

Mr Hoon’s lawyers contended that an investigation could not be held under the provisions of the European Convention on Human Rights as it did not apply to British troops in south-east Iraq.

But the judges held that the UK’s obligations under the convention extended to "outposts of the state’s authority" in foreign lands.

Any subsequent inquiry will investigate whether there have been unlawful killing and breaches of articles 2 and 3 of the convention, which guarantee the right to life and freedom from torture and inhuman and degrading treatment.

The judges rejected applications for judicial review made by five other families of Iraqis allegedly unlawfully killed by troops in south-east Iraq following the cessation of major hostilities in May 2003.

The judges said the victims were not in custody and the deaths occurred on Iraqi territory that was outside UK jurisdiction and the scope of the convention.