Examining the Discrepancy Between Perpetrator Punishment

The heavy violence endured by the victims as opposed to the minimum sentence in prison or the lack of punishment given to the perpetrators suggest that justice was not served. Baha Mousa was detained by British soldiers; died two days after his arrest. An autopsy examination revealed he suffered asphyxiation and at least 93 injuries to his body, including fractured ribs bruises merging into more insistent abrasions. William strengthens the view that these injuries do not "explain" Mousa's demise. Therefore, references Dr Hill, a renowned pathologist who confirmed Mousa died from "ligature strangulation". The UK ministry of Defence now acknowledges what Robert Aitken’s Rotten apple thesis suggested that: ‘few rogue soldiers’ treated Iraqi men with "brutality and inhumanity", Criminology dissertation help .Although Aitken’s view is limited and is narrowly focused on few men, The director of Civil rights liberty group (Shami Chakrabarti) suggests a few ‘rotten applies’ cannot be scape-goateed for the failures of the British government and high military demand.Unlike Chakrabarti, Aitken fails to address the broader aspect of high ranking soldier’s capacity to brutality. One example is reflected through a video, of Payne verbally abusing and enforcing painful ‘stress positions on the day Mousa died’Therefore, Payne’s punishment of being detained ‘for one year” does not compromise the prolonged abuse; dehumanisation experienced by sufferers. Nevertheless, British soldiers had a right to protect Basra. Abuse to this jurisdiction raises the question of the justiciability of the British courts; their responsibility in intervening to create laws to provide procedures to prevent unlawful killing. Nevertheless the uncivilised and brutal manner as the violence implemented, is outweighed by a lack of justice.

Due to the British soldiers using UK jurisdiction over the civillians;the death of Mousa was on a British base, it is justified to account the UK courts the appropriate or a lack of appropriate use of

1. Find article referring number of injuries.
2. A.T Williams, A Very British Killing, 2013, pages 7-8 (information about injuries) Vintage books, London.
3. MOD Closing Wub001017 at para. 2.
4. Matthew Weaver, 'Human Rights Law Applies In Iraq Lord Rules' (Global Policy Forum, 13 June 2007) accessed 27 November 2019.
5. Davies, “’Baha mousa Inquiry: Geoff Hoom claims ignorance of the interrogation video’, Guardian, 10, June 2010. Mr Hoon’s response was undoubtful as he was the secretary of defence.
6. See R (Hassan) v Secretary of State for Defence [2009] EWHC 309 (Admin) (regarding the inquiry into death of an Iraqi national in US custody after his transfer from British custody); R(Al-Sweady) v Secretary of Statefor Defence [2009] EWHC1687 (Admin) (regarding the d killing and torture of Iraqi nationals by British forces); R(Al-Jedda) v Secretary of State for Defence [2007] UKHL 58; [2008] 1 AC 332 (regarding the unlawful detention of an Iraqi national); and Al-Saadoon and Mufdhi v United Kingdom Application No 61498/08, Judgment of 2 March 2010 (regarding the transfer of Iraqi nationals from British into Iraqi custody).

martial law; and any violation of rights-should they rise. Mr Hoon suggests the Human Rights Act 1988does not apply to British public authorities acting outside the territory of the UK. However,directly challenging Hoon, in the case of Al SkeiniThe courts held the ECHR applies to British armed forces relating to its powers exercised on foreign land. To consolidate this, UK is a legitimate a member of coalition provisional authority that governed Iraq ( 1 may- 30 June 2004), during the UK’s formal occupation and officers had obligations to apply UK law. Secretary of Defence, Liam Fox emphasizes democratic value, rule of law and respect for life. He ensures it will not happen again-yet it took 3 years to get the court martial into Iraq. He reiterates Mousa was not a casualty of war; yet told commons: “the evidence from the inquiry will be reviewed to see if more can be done to bring justice”. The question raises, if he is not deemed as a victim of war, then the justice is non-existent and mirrors the true opinion of those in defence of the British Army. In itself, this offers contradiction; implies Fox is unconcerned with investigating inquiries as the MOD settled cases through compensation of 19.6 mand because it took x amount of years to come to light . The unwilling nature of implies asserts ICC’s intervention to assist in investigating notorious crimes of war committed by British troops in Iraq.

In stark juxtaposition, British court should not be in charge as they are not impartial. 15,000 allegations reported to commanding officers are not referred for trial; IHAT was founded to investigate ‘mountains of claim’before it was shut down. As a matter of fact, Hoon again emphasise the HRA’s articles (2) right to life and (3) right to liberty and security should be incorporated to EU territory only.The inequality of treatment of members within the ministry of defence suggests the courts are susceptible to cover up truths, due to the withstanding reputation of army resulting in justice not being served. This makes the view more valid that the International Criminal court are a suitable objective body to investigate the case of Baha Mousa. Despite the “extensive investigation”carried by the MOD, the former Director of public prosecutions Lord Macdonald said the lack of responsibility of being criminally charged is “staggering”.Furthermore, although Mousa’s case was recognised as significance as it shone a light on the malpractice of the army officials and army doctors, a further five families had their application for judicial reviews rejected.This implies justice is not accessible as a barrier of eligibility is a concern; since the five shootings occurred outside the Jurisdiction of the UK, Lord Justice Rix and Mr Justice Forbes dismissed the cases.Although this is a lack of justice to the unlawful killing of the further families, the high court determined: Mousa’s death in British Custody in Iraq falls within the European

---

7. HRA 1988 https://www.equalityhumanrights.com/en/human-rights/human-rights-act
8. The guardian Irawi witness tells of torture Richard Norton Taylor. July 2004 The Guardian.
9. Al-Skeini and others v. UK (2012) 53 EHRR 18
10. Statement on report into the death of Mr Baha Mousa government Report Published 8th September 2011
11. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/279190/1452_i.pdf
12. According to the response of the ministry of Defence to a Freedom of information Act request, £ 19.6 m settling 323 claims was paid out by November 2015.
13. Implies
14. Hansard col 93WS 1 March, 2010 written ministerial statement.s House Of /commons.
15. Uk must investigate Iraqi death December 2004.
16. https://www.worldnewsempire.com/uk/international-criminal-court-may-investigate-uk-war-crimes-cover-up/
17. Panorama video
18. This was because as opposed to Baha mousa’s death on british
19. The Guardian Uk Must investigate Iraqi Civilians death, December 2004.


convention of human rights which is a significant step towards access for justice.

The improper investigation initiated by the military police force reveals flaws which suggests that justice was unreachable. William states Dr Keilloh claims he “spotted dried blood” under the nose of Mousa whilst stating to Dr Le-Feuvra that his death was caused by “cardiorespiratory arrest”Additionally, Dr Le-Feuvra surmised, he was asked to write a death certificate based on Dr Kheillo’s diagnosis; couldn’t “remember or understand why he would have done this without witnessing the body.This holds significant value because William recognises the obscure nature of a dr confirming a death certificate without viewing a body, whilst considering the busy times at the hospital’ is not a valid excuse to not examine a dead body.Therefore, William implies the roles of dr’s, catalysed the injustice by not following the GMC code of conduct of the hypocritic oath. Moreover, the role of SSgt Sherrie cooper symbolises dissent against the Army and the capacity for accessible justice. She “ changed” the cause of death whilst

The attitude of the members representing the British legal system, reflect why the reason as to why justice is not yet received. The highest-ranking soldiers were dismissed from ciriminal liability.Colonal Jorge Mendoca was acquitted for being negligent and his colleagues were not guilty of taking part of abusing prisoners over the 36-hour period. The case by 2007 cost £20m, showing the large extent the country was going to protect the reputation of the army because as Fox indicated: “we must not allow the actions of a few, damage the reputation of the whole”. This narrow view does not take consideration of the ‘exacerbated’ war crimes committed by countless British troops However, after thorough investigation, Fallon was viewed as having inhuman treatment of Iraqi civilians under the ICC act, as was Crowcroft; Kelvin charged with causing Actual bodily harm, alternatively common assault. Whilst Warrant officer Mark Davies who was neglecting to perform a duty by failing to take steps to ensure that Iraqi civillians were not ill-treated. Nevertheless,although they were recognised for such atrocities, sympathies still lie with them as Theresa May said she wanted an end to the “ vexatious alleggations”,, Tim Collins also stated the allegattions were purely farcical made by “ parasitic lawyers” Whilst Payne’s barrister, Tim owen QC suggested Payne was a“sacrificial lamb”. Nevertheless, Payne admitted Inhumane treatment of Iraqi civilians- a war cime under the international criminal court act 2001.Had it not been for his human guilt, the court would have not accounted him of manslaughter either. Therefore, this was done based on public policy rather to protect the victims. Own suggests: two soldiersL Smulski and Robert Livesey were not charged over ill treatment. These two are amongst what Mr Ownes calls a “long list” of those who “escaped” questionable justice. Therefore, they escaped charges’ consequently, justice is not satisfied, for the court is reluctant in holding soldiers accountable. This injustice was mirred thorugh a cynical attitue to Al

---

20. Frank W. Kiel, Medical Malpractice Claims Against the Army, 75 Mil. L. Review 1 (1977).
21. 15 february 2017, the colonal and three of his men cleared over the abuse of detained Iraqi’s, uk, the guardian
22. https://www.theguardian.com/news/2018/jun/07/british-troops-war-crimes-iraq-historic-allegations-team
23. Criminal court act.
24. Steven morris britains first war criminal jailed the guardian.

Dig deeper into Enhancing Organisational Productivity Through Equality with our selection of articles.

Matairi’. He amongst Mousa was abused. When the Judge noticed his nervous state in cross examination, he called for a break at 3:15pm. All the QC’s sensed a struggle from Matri’s. However, Mr Cox with high malice spoke “ I was enjoying myself”. The inauspicious comment clearly indicates the lack of justice administered by those in superior positions; the verbal comments is a mere reflection of the physical torture administered by the british soldiers. Although the Iraqi victims came to the UK in hope for justice, little did they know, they were victimised yet again, differently, to a foreign legal system. A further attitude reveals the lack of justice given as a recent article shown light on Trooper Ben Griffin is under an “injunction for threatening to speak out about prisoner abuse”Clearly the MOD want to silence soldiers for speaking against the military. This implies there is a consensus not to shame soldiers by prosecuting them; therefore, this restricts liability and capacity for Iraqi victims to gain access to justice.

In conclusion, today’s rulings mean that anyone in custody abroad by the British army, will be protected by the human rights act. Therefore, they will have the right to life, which baha mousa did not have and aright not to be tortured and a right to have access to a fair trial. The times covers the development of Edward Heath’s government who banned “methods of conditioning in 1972”. As such, This essay cannot justify the many people suffering injustice today. Nevertheless, it is conclusive that the lack of punishments of the perpetrators compared to the severity of the crime committed to victims is reasonable to conclude there is a lack of justice received by victims.

---

25. https://www.thetimes.co.uk/article/techniques-of-the-troubles-outlawed-in-1972-rzpgkffhh6r