Human rights law impossible in free Iraq

London - The British government expressed "regret and sympathy" for the deaths of Iraqi civilians, but argued in court that it would be impossible to apply domestic and European human rights laws in the chaos of Iraq.

The government began presenting its case on Thursday in opposition to families of six Iraqis allegedly slain by British troops, who have gone to the High Court seeking to force an independent investigation.

The families’ lawyers say the European Convention on Human Rights, which has been incorporated into British law, is on their side.

"It’s the inherent implausibility, the impossibility, of applying the convention in circumstances of somewhere like Basra that shows it was never intended to be applied in those circumstances," argued Christopher Greenwood, representing the government.

’There are other laws that apply’
He said that position "does not mean that you end up with a legal black hole or a lack of accountability. There are other laws that apply."

All six victims in the High Court case died in British-occupied south-eastern Iraq after major combat was declared over on May 1, 2003 and before the handover of power to an Iraqi administration this June 28.

Five of the victims allegedly were shot - two in their homes, one while driving, one at a funeral and one while working as a police officer. The sixth is Baha Mousa, 26, a Basra hotel receptionist who died after allegedly being beaten by British troops in September 2003.

Rabinder Singh, representing the families, argued on Wednesday that there was "clear evidence" that four of the deaths were caused by British soldiers. The two other deaths - of Mousa and Hanan Schmailawi, who was shot in her home during an exchange of gunfire between British troops and gunmen nearby - were more complex, but should be investigated, he said.

Greenwood contended that applying the European Convention on Human Rights would put soldiers in an impossible situation of trying to behave as if they were in a civilian context.

’It would be war that has never been fought before’
"It would be war that has never been fought before," he said.

"It would mean the same duty of investigation that applies to the death of a child at a Leeds hospital must also be applied to a death in a firefight in Basra," he added.

While British troops in Iraq have not been accused of prisoner abuse on the scale uncovered at the American-run Abu Ghraib prison, there have been several reports of ill-treatment of detainees, and British officials have investigated almost 800 claims for death, injury or property damage by British troops.

The ministry of defence said the shootings had been investigated by the military, which had "deemed there was no case to answer as they were covered by the rules of engagement."

Greenwood said "expressions of regret and sympathy were made in respect of these deaths - at the time, on the spot and generally in person" by senior officers.

The death of hotel worker Mousa has received the most attention. Coworker Kifah al-Mutari said in a witness statement read in court on Wednesday that he, Mousa and five other workers were hooded, kicked and punched and forced to crouch for hours during three days of detention by British troops last September.

"The soldiers appeared to be thoroughly enjoying themselves, as the beatings were accompanied by loud laughter," the statement said.

Al-Mutari, 44, said soldiers "would surround us and compete as to who could kickbox one of us the furthest." At one point, detainees were awoken after two hours sleep and a soldier "asked us to dance like Michael Jackson."

Mousa, whom al-Mutari said "appeared to have much worse ill-treatment than the others," died in custody.

Greenwood said Mousa’s death had been investigated by military police and a file passed to army prosecutors. He said he could not speculate on whether charges would be made.

The three-day High Court hearing is due to end on Friday, but the judges are unlikely to deliver their verdict for several weeks.

A court ruling in favor of the families could pave the way for compensation and possible criminal proceedings against British soldiers. Lawyers say if the case is successful they will represent 37 Iraqi families whose relatives allegedly were killed, tortured or seriously injured by British troops. - Sapa-AP

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