138
Europe and Central Asia
Summary of Amnesty International’s Concerns in the Region, January – June 2007
application; however he only did so when it
became clear to him that it had no chance
of being processed in time for any
meaningful attendance at the hearing. AI
considered that the failure of the UK
authorities’ to grant Colonel Mousa a visa
further compounded their failure to comply
with their obligation under human rights
law to ensure the involvement of the next
of kin in the investigation into all the
circumstances of his son’s death.
The Al Skeini litigation arose as a result of
the deaths of six Iraqi civilians at a time
when, and in the areas of Iraq where, the
UK was an Occupying Power under
international humanitarian law. Five of the
six Iraqis were shot and fatally wounded, in
disputed circumstances, in the course of
operations carried out by members of UK
armed forces. The sixth death was that of
Baha Mousa.
In April, on the eve of the opening of the Al
Skeini case, AI outlined its decision to
intervene in the case jointly with 10 other
organizations
(see
AI
Index:
EUR
45/007/2007) 10 . AI delegates then
monitored the proceedings before the Law
Lords.
In June, the Law Lords dismissed five of the
six cases. They ruled, however, that the
Human Rights Act 1998 (HRA) did apply to
the case of Baha Mousa, but only to his
treatment while in detention, and directed
that the case should return to the court of
first instance, for it to determine whether
there had been a violation of Articles 2 and
3 of the European Convention on Human
Rights (ECHR), enshrining, respectively, the
rights to life and to freedom from torture.
By the end of the period under review
judicial proceedings had not had yet
resumed, and the family of Baha Mousa
continued to push for the government to
10
The interveners were represented, pro bono,
by Keir Starmer QC, Richard Hermer and
Azeem Suterwalla of Doughty Street
Chambers, by Charles Banner of Landmark
Chambers, and by Raju Bhatt of Bhatt Murphy
Solicitors.
Amnesty International
agree to hold an independent inquiry into
all of the circumstances of Baha Mousa’s
death without the case having to return to
court.
The Law Lords declined to rule that Baha
Mousa had been within the jurisdiction of
the UK from the time of his initial detention
at the hotel where he worked. Instead, they
found that that he had come within the
UK’s jurisdiction only from the time of his
detention at the UK military base in Basra.
AI noted (see AI Index: EUR 45/008/2007)
that, by so ruling, the Law Lords would
deny a remedy in the UK courts under the
HRA to anyone tortured by UK agents
abroad, as well as to the families of those
unlawfully killed by UK agents abroad, in
cases where the ill-treatment or the death
had occurred anywhere other than at a UK
facility.
Further
allegations
killings in Iraq
of
unlawful
In May, AI wrote to the UK Defence
Secretary expressing concern about the
case of Ali Salam ‘Abdul Hassan al-Rukabi,
an Iraqi student aged 18 who had been
shot dead in a Basra district, reportedly by
UK troops. According to information
received by AI, on 10 April 2007 Ali Salam
‘Abdul Hassan al-Rukabi was visiting his
uncle’s house in Hay al-Muhandissin
(Engineers' district) in al-Qibla, west of
Basra. According to witnesses, as he
stepped outside the house, he was shot,
apparently by a UK soldier from a tank
positioned in the same street. A neighbour
who heard the shot came out of his house
and rushed Ali Salam ‘Abdul Hassan alRukabi to Basra’s General Hospital where
he was pronounced dead on arrival. He had
sustained a fatal shot to the forehead above
his left eye. His family said that Ali Salam
‘Abdul Hassan al-Rukabi was not carrying
any kind of weapon at the time when he
was shot.
AI received a copy of an Iraqi police report
that referred to UK troops “opening fire
indiscriminately at passers-by,” killing
Mahmoud Ahmad Wahib, a policeman, and
AI Index: EUR 01/010/2007
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