Iraqi suspects lose handover case

Sapper Luke Allsopp and Staff Sgt Simon Cullingworth were killed in Iraq

Two Iraqis being held by British troops over the alleged murders of two British soldiers have lost an appeal against being handed to Iraqi authorities.

The appeal for Faisal Al-Saadoon and Khalaf Mufdhi, currently being held in Basra, was heard by three judges at the Court of Appeal in London.

The judges dismissed claims that the men's human rights would be infringed.

The Ministry of Defence said Iraq's government had made assurances the men would be treated humanely.

The appeal court judges also rejected claims the possible sentence of hanging was an act of torture contrary to international law.

Two High Court judges had earlier ruled Mr Al-Saadoon and Mr Mufdhi could be tried in Iraq, but were "seriously troubled" due to the risk of execution.

The men are accused of murdering Staff Sgt Simon Cullingworth and Sapper Luke Allsopp in Iraq in March 2003.

We are pleased the Court has respected the sovereignty of the new democratic Iraq, which British Forces have fought for so tirelessly and courageously for five years. MoD spokesman

The two soldiers were ambushed by militia, taken to an Iraqi military compound and shot.

In October 2006 a coroner ruled that the two men were unlawfully killed by Iraqi military intelligence.

Lawyers for the two accused had argued that allowing them to stand trial in Iraq would violate both the European Convention on Human Rights and the 1998 Human Rights Act.

But the three appeal judges ruled that after midnight on Wednesday, when the UN mandate for British forces in Iraq expires, Iraqi police could go to the British compound in Basra and remove the prisoners.

The BBC's John Andrew said the Iraqi men's lawyers are now seeking an injunction from the European Court of Human Rights in Strasbourg, to prevent any handover before all possible avenues of appeal have been exhausted.

An MoD spokesman said: "Throughout this case, the Ministry of Defence has acted in the interests of justice and in the interests of the families of the two murdered soldiers.

"We are pleased the court has respected the sovereignty of the new democratic Iraq, which British Forces have fought for so tirelessly and courageously for five years.

"The court has found that these Iraqi suspects are in Iraqi jurisdiction and should be tried in an Iraqi court.

"The ruling makes clear that the European Convention on Human Rights does not apply."