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Divisional Court gives views on form of new inquiries into ill-treatment and killings in Iraq

DATE: 02 Oct 2013

On 2 October 2013 the Divisional Court (Sir John Thomas (President QBD), Silber J) gave a further judgment in R (ALI ZAKI MOUSA & ORS) v SECRETARY OF STATE FOR DEFENCE (No.2) [2013] EWHC 2941 (Admin).

Following the Court’s earlier decision in the same matter ([2013] EWHC 1412 (Admin)) the Court gave its views on the form that inquiries, it had ruled were necessary to comply with the Secretary of State for Defence's investigative duties under the  European Convention on Human Rights 1950, should take.

The claimants in the proceedings are: (i) 135 Iraqis alleging that they were subjected to torture and inhuman and degrading treatment across the 6-year period of the UK’s involvement in Iraq, from the start of combat operations in March 2003 until the UK withdrawal in December 2008; and (ii) 38 Iraqis alleging that a relative was unlawfully killed by British forces in Iraq.

James Maurici QC was part of a four-strong counsel team that acted for the claimants (led by Michael Fordham QC) and instructed by Public Interest Lawyers.

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