CAIRO,
May 22, 2005 (IslamOnline.net) - A highly decorated British army
officer is facing prosecution for war crimes over the death of an
Iraqi civilian beaten to death by his troops, British papers revealed
on Sunday, May 22.
Army
prosecutors are preparing war crimes charges against Colonel Jorge
Mendonca, commanding officer of the Queen's Lancashire Regiment, faces
an inquiry after the 26-year-old hotel receptionist Baha Mousa died in
custody, The Independent on Sunday said.
He
could be charged under the Geneva Convention, which outlaws the abuse
and torture of military prisoners.
This
will be the first time army prosecutors have considered such charges
against a British officer, according to the paper.
The
Observer said Mendonca, who received
the Distinguished Service Order for his service in Iraq, is being
investigated because of his position in the chain of command rather
than any physical involvement.
The
last time Lieutenant Colonel Daoud Mousa of the Iraqi police saw his
son Baha alive was on 14 September, as British soldiers raided the
Basra hotel where the young man worked as a receptionist.
Three
days later he was summoned to take his body.
“His
nose was broken, there was blood above his mouth and I could see the
bruising of his ribs and thighs. The skin was ripped off his wrists
where the handcuffs had been,” the grieving father said at the time.
British
military authorities have offered Mousa's relatives $8,000 (£4,500)
in compensation, providing they are not held responsible for his
death.
In
a landmark ruling in December, the High Court said the Human Rights
Act, which bans torture and inhuman or degrading treatment and
guarantees the right to life, covered the prison in Basra where Mousa
died.
The
court also delivered a damning critique of the “dilatoriness” of
the army's investigations into the incident.
The
verdict opened the door to the possibility of trying British soldiers
for human rights abuses against people under their custody anywhere in
the world.
Scapegoat
The
Observer quoted sources in the
Ministry of Defense and the Attorney General's office as saying that
any charges relating to the case would be announced before the House
of Lords.
“No
decision has been made by the Army Prosecuting Authority to bring any
prosecutions into the death of Baha Mousa,” a Ministry of Defense
spokesman said.
“The
case is still being investigated and no decision has been made on
whether charges will be brought,” a spokeswoman for the Attorney
General said.
The
paper said that Mendonca, 41, could not be contacted, but senior
commanding officers in both his brigade and division were concerned he
was being made a “scapegoat” for the actions of others.
If
charged, it would be the first time since the 1950s that a British
commanding officer has been implicated in criminal misconduct.
ICC
The
Independent said the International
Criminal Court (ICC) has asked the British Ministry of Defense to
answer charges that British troops illegally attacked Iraqi civilians.
The
ICC is also studying charges London’s use of cluster bombs in
civilian areas and attacks on power stations were illegal.
It
is the first time a UN Security Council member has been investigated
by the court, said the British paper.
In
February, two British soldiers were found guilty of abusing Iraqi
civilians at a base in Basra known as Camp Breadbasket, while a third
pleaded guilty.
Mistreatment
of Iraqis - including one Iraqi being suspended from a forklift truck
and others forced to simulate sex acts - was captured in photographs
that were published around the world after they were released as
evidence.
