The family of an Iraqi civilian allegedly beaten to death by British troops won a high court challenge today against the government's refusal to order an independent inquiry into his death.
Five other families had applications for judicial reviews rejected. All six families had claimed that they were entitled under human rights laws to unprecedented investigations into whether troops were guilty of unlawful killing.
The landmark ruling could have widespread implications for the actions of British forces overseas. Rabinder Singh QC, appearing for the families in the six test cases, argued that the European Convention on Human Rights applied to Iraqis in the area of south-east Iraq controlled by the British. Two judges ruled in favour of the family of hotel receptionist Baha Mousa, 26, who claim he was unlawfully killed by British soldiers while in custody.
Lawyers for the defence secretary, Geoff Hoon, had argued that the convention applied only in Europe and did not apply to British troops in Iraq. Mr Hoon also claimed that the Human Rights Act, which incorporated the European convention into UK law, could only be applied in UK territory.
http://politics.guardian.co.uk/iraq/story/0,12956,1373399,00.html