Ministers lose Iraqi death appeal

Baha Mousa died in custody after being arrested in Basra

The government has failed to overturn a court ruling that an "independent and effective" inquiry must be held into an Iraqi's death in British custody.

But the High Court ruled it was too early for a decision on any new inquiry as a military investigation had not yet reached its conclusion.

Baha Mousa's family say he was beaten to death by UK troops in 2003.

The families of five other Iraqis shot while not in UK custody failed in their bids to force independent inquiries.

The Mousa family won a High Court challenge last year against the government's refusal to hold an independent inquiry.

SIX IRAQI DEATHS September 2003: Baha Mousa, 28, dies in custody August 2003: Hazim al-Skeini, 23, allegedly shot while unarmed 24 August 2003: Waleed Muzban shot while driving home 27 August 2003: Policeman Raid al Musawi shot while delivering petitions November 2003: Muhammad Salim, 45, allegedly shot during a raid on his home 10 November 2003: Hanan Schmailawi hit by machine gun fire while eating with her family Impact of Mousa judgement

Lawyers for Mr Mousa's family and five other men who died in southern Iraq had argued that the British government's failure to adequately investigate their deaths breached the European Convention on Human Rights (ECHR).

But Ministry of Defence (MoD) lawyers argued the area was outside European jurisdiction.

A ministry spokesman said later that "although the UK was an occupying power in southern Iraq, it did not have the required degree of control" for the ECHR to apply.

The judges supported the MoD's view with respect to the five Iraqis killed while not in UK custody, and rejected the five families' appeals.

Courts martial

In the case of Mr Mousa, the judges said it would be "premature" to conclude the MoD was in breach of the ECHR before the outcome of the ministry's own investigations is known.

The government... have acted shamefully Phil Shiner Mousa family lawyer

Mr Mousa, 28, was arrested with eight men at a hotel in Basra, southern Iraq, in September 2003 and was allegedly beaten to death while in custody.

A ministry spokesman pointed out several soldiers are facing courts martial over the incident after an investigation by the Royal Military Police.

Last December, two High Court judges ruled that UK jurisdiction could extend to a UK-run prison, but did not apply "to the total territory of another state".

They said that, as Mr Mousa was in custody when he died, his case was covered by the ECHR, but the other five Iraqis' cases failed as they were at home, walking in the street or driving when they died.

Military conduct

Phil Shiner, lawyer for the Mousa family, labelled Wednesday's judgement as a "landmark" ruling.

Speaking outside the High Court, he said the decision paved the way for independent investigations into "many cases involving death and torture in situations where Iraqis have been deprived of their liberty".

He told BBC News the government had acted "shamefully" in trying to "avoid the consequences of what our troops have done".

The government "should hold an independent investigation into how the military have conducted themselves in these investigations", he said.

The MoD confirmed it would appeal against the judges' decision on the Mousa case in the House of Lords.

All five families of the other Iraqis have also been given leave to appeal to the House of Lords.