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British forces accused of torture and murder as inquiry opens

Sunday 07 March 2010
by Paddy McGuffin
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The long-awaited public inquiry into the alleged torture and murder of up to 20 Iraqis by British troops in Iraq gets under way on Tuesday.

In May 2004 following a fire-fight known as the battle of Danny Boy in Maysan province, south-east Iraq, it is alleged that up to 20 prisoners, including the named claimant Hamid al-Sweady, were tortured and murdered at the British base Camp Abu Naji.

The Ministry of Defence denies the allegations, made by the family of Mr Sweady and nine other men who claim they were tortured at the base, insisting the 20 men were killed on the battlefield.

But lawyers for the claimants argue that post mortem examinations of the bodies showed signs of mutilation and point-blank executions.

Defence Secretary Bob Ainsworth was forced to announce the establishment of the Sweady inquiry last November after scathing condemnation of the government's failure in its duty of disclosure by the High Court.

In a damning judgement the court found that the Royal Military Police's attitude to disclosure was "lamentable" and condemned the "persistent and repeated failure by the Secretary of State (Mr Ainsworth) to comply with his duties of disclosure."

In announcing the inquiry Mr Ainsworth claimed there was "no credible evidence" to support the allegations.

Responding to the announcement and the Defence Secretary's claims in November, Phil Shiner from Public Interest Lawyers, who is representing the claimants, said: "The Secretary of State has been forced into this position because key evidence which was withheld from the court strongly supported the complaints.

"This is why the court was moved to condemn the Secretary of State and his witnesses so strongly.

"The Secretary of State should therefore refrain from attempting to pre-judge the inquiry's outcome. My clients now hope to get what has long been denied them by the military - the truth."

The inquiry, which is to be chaired by Sir Thayne Forbes, a retired High Court judge, is to be held at Finlaison House in central London.

It is the second such inquiry to be established into allegations of torture and murder by British troops in Iraq.

A public inquiry into the 2003 death in British custody of hotel worker Baha Mousa in Basra is currently in progress.

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