Solicitor Sophie Warner has been on secondment to the Ministry of Defence acting as Solicitor to the Inquiry and Assistant to the Inspector for the Iraq Fatality Investigations. She discusses Monday’s publication of their final report into the deaths of Radhi Nama, Mousa Ali and Ahmed Jabbar Kareem Ali.
The Iraq Fatality Investigations, a non-statutory public inquiry chaired by the Inspector Dame Anne Rafferty, was established under R (Ali Zaki Mousa and others) v Secretary of State for Defence (No. 2) [2013] EWHC 1412 (Admin) and is tasked with investigating allegations of the unlawful killing of civilians by members of the British Forces during the Iraq War.
This report represents the conclusion of the Iraq Fatality Investigations’ ninth Investigation into civilian deaths and records the Inspector’s conclusions into:
- The deaths of Radhi Nama and Mousa Ali who died on 8 May 2003 and 13 May 2003, respectively. Both Radhi Nama and Mousa Ali had been detained at Camp Stephen (a British Military base) following search operations by British Forces and died shortly after their detention. These deaths were investigated together due to the overlap in location and personnel, as well as the short passage of time between their deaths.
- The death of Ahmed Jabbar Kareem Ali who died on 8 May 2003. Part 1 of this Investigation was undertaken by Sir George Newman who concluded that Ahmed Ali drowned in the Shatt al Basra Canal after being detained for looting by British Forces and forced into the Canal whilst in their custody. Part 2 of this Investigation sought to ascertain whether there was a practice of ‘wetting’ looters in post-war Iraq as a method of deterrence against undertaking such activities and whether the chain of command had knowledge of any such behaviour.
The publication of this report marks not only the conclusion of these Investigations, but also the UK’s obligations under Article 2 of the European Convention on Human Rights to hold adequate and effective investigations into civilian deaths where credible allegations of unlawful killing by British Forces existed. No further cases will be referred to the Iraq Fatality Investigations and the inquiry will now close.
It is hoped that the conclusion of (1) these Investigations, (2) the inquiry’s tenure and (3) the UK’s legal duty to investigate matters that took place during the Iraq War will bring closure to the families and friends of the deceased Iraqi civilians, as well as the British military witnesses, all of whom who have had to reflect on, and whose evidence to the inquiry is founded in, difficult times.
The Iraq Fatality Investigations’ final report, which records the Inspector’s conclusions about the immediate and wider circumstances of the deaths of Radhi Nama and Mousa Ali, and whether there was a concerted practice of wetting looters in Iraq that the chain of command were aware of, can be read in full here and the Arabic translation of the findings and conclusions can be accessed here. The Written Ministerial Statement by Louise Sandher-Jones (Minister for Veterans and People) which accompanied the report when it was laid before Parliament can be accessed here.
