Q&A: Baha Mousa inquiry

Mr Mousa's family has received compensation from the MoD

A public inquiry has opened in London into the death of an Iraqi civilian who died while in British army custody in Basra in 2003.

Questions remains about the death of Baha Mousa, who suffered multiple injuries, and the treatment of others held with him.

Who was Baha Mousa?

Baha Mousa was a 26-year-old hotel receptionist, whose wife had recently died of cancer, aged 22. He was arrested, along with nine other Iraqis, at the Haitham Hotel in Basra on 14 September 2003 by members of the 1st Battalion The Queen's Lancashire Regiment (QLR). Rifles, bayonets and suspected bomb-making equipment were found at the scene. Mr Mousa was held at a temporary detention centre with the other civilians, under suspicion of being an insurgent.

What do we know about his death?

Mr Mousa died two days after his arrest. A post-mortem examination found he had suffered asphyxiation and at least 93 injuries to his body, including fractured ribs and a broken nose. At a High Court hearing in 2004, his father Daoud Mousa said he had been "horrified" by the state of his son's body and had burst into tears when asked to identify it. At the same hearing, a fellow detainee claimed soldiers had competed to see who could kick them the furthest.

What investigations have taken place?

A six-month court martial - the most expensive in British history - concluded in April 2007 after an initial investigation by the Royal Military Police. Six members of the QLR, now the Duke of Lancaster's Regiment, were cleared of abusing civilian detainees, but a seventh admitted inhumane treatment. Cpl Donald Payne, 36, was jailed for a year and dismissed from the Army, becoming the UK's first convicted war criminal under the International Criminal Court Act.

TIMELINE OF KEY EVENTS 14 Sep 2003 Baha Mousa and nine other Iraqis arrested at Haitham Hotel in Basra by members of the 1st Battalion The Queen's Lancashire Regiment 16 Sep 2003 - Mr Mousa dies in British army custody in Iraq with multiple injuries 30 April 2007 - Cpl Donald Payne jailed for a year and dismissed from the Army for inhumanely treating civilian detainees 27 March 2008 - MoD admits breaching the human rights of Mr Mousa and others 14 May 2008 - Defence Secretary Des Browne announces public inquiry to be held into Mr Mousa's death 10 July 2008 - MoD agrees to pay £2.83m compensation to mistreated detainees 13 July 2009 - Public inquiry begins in London Inquiry opens into Iraqi's death

What action followed?

In March 2008, the Ministry of Defence admitted breaching the human rights of the detainees held in Basra. At that time, Defence Secretary Des Browne admitted "substantive breaches" of parts of the European Convention on Human Rights that protect the right to life and prohibit torture. Two months later he announced a public inquiry was to be held into Mr Mousa's death. It followed a long legal battle by his father.

Did Britain compensate the families?

In July 2008 the Ministry of Defence agreed to pay £2.83m to those who were mistreated in Basra. The payout followed "mediation" with the Iraqis' lawyers. The money was divided between eight surviving men, Mr Mousa's family and the brother of a 10th man who was mistreated but later died in an unrelated incident.

What need is there for an inquiry?

Des Browne said the court martial had highlighted further important questions that needed to be answered, and the inquiry was important to "reassure the public that we are leaving no stone unturned". Lawyers for Mr Mousa's relatives say other alleged cases of mistreatment should be examined. They want the British army's "conditioning techniques" scrutinised, particularly its use of hooding, stressing, food and water deprivation, sleep deprivation and noise.

What are the inquiry's aims?

Primarily it will examine the death of Mr Mousa and the treatment of others detained with him. It will focus on the history of the Army's detention policies, the arrests and detention, the Army's training and chain of command and make future recommendations.

What immunity will witnesses have?

The inquiry has no power to judge any person's criminal or civil liability. Any soldiers giving evidence will be immune from disciplinary action even if it suggests they have lied or withheld information previously. Their own testimony also cannot be used to decide whether to prosecute them, but evidence from other witnesses could still lead to criminal proceedings.

Who is in charge?

Mr Browne invited Sir William Gage to lead the inquiry. He was called to the Bar in 1963, appointed Queen's Counsel in 1982 and made a High Court judge in 1993. In 2004 he became a member of the Court of Appeal, from which he retired last November. He will act independently but report to the defence secretary.

How long will the inquiry take?

The hearings are expected to take about a year, including several breaks, with Sir William publishing his report and recommendations in autumn 2010.