Baha Mousa

The Baha Mousa Inquiry was a public inquiry established to investigate the circumstances surrounding the death of Baha Mousa, an Iraqi hotel receptionist, who died while in British Army custody in Basra, Iraq, in September 2003. The inquiry was chaired by Sir William Gage and published its findings in September 20112.

Baha Mousa was arrested along with six other men by the 1st Battalion of the Queen's Lancashire Regiment on suspicion of involvement in a roadside bomb attack. During his detention, Mousa was subjected to severe mistreatment, including hooding, stress positions, and physical assault1. He suffered at least 93 injuries, including fractured ribs and a broken nose, which contributed to his death.

The inquiry found that Mousa's death was caused by a combination of factors, including lack of food and water, heat, exhaustion, fear, previous injuries, and the hooding and stress positions used by British troops. The report described his death as an "appalling episode of serious gratuitous violence" and condemned the Ministry of Defence for "corporate failure" and the regiment for a "lack of moral courage to report abuse".

Seven British soldiers were charged in connection with the case. Corporal Donald Payne pleaded guilty to inhumane treatment of a prisoner and was jailed for a year and dismissed from the Army1. The other six soldiers were found not guilty.

The inquiry made several recommendations to prevent such incidents in the future, including:

1. Prohibition of hooding and stress positions: These practices should be banned under both domestic law and the Geneva Conventions.

2. Improved training: Soldiers should receive better training on the treatment of detainees and the legal and ethical standards they must adhere to.

3. Enhanced oversight: There should be increased oversight and accountability mechanisms to ensure compliance with legal and ethical standards.

4. Clearer guidelines: Clearer guidelines should be established for the treatment of detainees.

5. Regular reviews: Regular reviews of detention practices should be conducted to identify and address any issues.

6. Increased transparency: There should be increased transparency in detention operations to ensure accountability.

7. Strengthened legal frameworks: Legal frameworks for detention should be strengthened to provide better protection for detainees.

8. Ongoing monitoring: Ongoing monitoring and evaluation of detention practices should be conducted to ensure compliance with legal and ethical standards.

9. 
   

The Baha Mousa Inquiry highlighted the importance of upholding human rights and the rule of law in military operations and called for significant reforms to prevent similar incidents in the future.