Soldiers given immunity in Iraqi death probe

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http://uk.news.yahoo.com/4/20081015/tuk-soldiers-given-immunity-in-iraqi-dea-dba1618.html

Soldiers given immunity in Iraqi death probe


Soldiers have been granted immunity from prosecution at the public inquiry into the death of an Iraqi civilian in British military custody.

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Attorney General Baroness Scotland agreed that witnesses' own evidence could not be used against them in criminal proceedings, including courts martial.

But they could still be prosecuted if other people come forward to the inquiry with credible information about how hotel receptionist Baha Mousa died in 2003.

Inquiry chairman Sir William Gage made an opening statement about how the investigation will be run when it formally begins next year.

He said he had successfully asked Baroness Scotland for a promise that witnesses could not incriminate themselves by giving oral or written evidence to the inquiry.

Inquiry secretary Lee Hughes stressed after the hearing: "It isn't a guarantee against prosecution... It's only your own evidence that can't be used against you."

Sir William has not decided whether to seek a similar guarantee from the Ministry of Defence that no "administrative action" will be taken against witnesses who are "Crown servants".

Mr Mousa, 26, was working as a receptionist at Basra's Ibn Al Haitham hotel in September 2003 when it was raided by British forces looking for weapons.

The soldiers found assault rifles and pistols in a safe.

Hotel staff insisted they were used for security but Mr Mousa and several of his colleagues were taken to the British military base at Darul Dhyafa.

While in the custody of the former Queen's Lancashire Regiment, the receptionist was beaten to death, sustaining 93 separate injuries, including fractured ribs and a broken nose.

Mr Mousa's 22-year-old wife had died of cancer shortly before his detention, meaning his two young sons, Hussein and Hassan, were left as orphans.

Seven soldiers faced a court martial at Bulford Camp in Wiltshire on war crimes charges relating to the receptionist's death. All but one were cleared on all counts in March last year.

The Ministry of Defence agreed in July to pay £2.83 million in compensation to the families of Mr Mousa and nine other Iraqi men mistreated by British troops.
 
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