By Polly Johnson
Senior Desk Officer, Europe

STRASBOURG, France – The European Court for Human Rights ruled last week that Britain failed in its responsibility to investigate civilian deaths in Iraq after the 2003 invasion of the country.

Rejecting the United Kingdom’s argument that the British troops were not subject to the European Convention for Human Rights because they were beyond its jurisdiction, the court in Strasbourg, Europe’s highest court, found that British soldiers in Iraq remained bound by the convention in “exceptional circumstances,” which extended to the acts of British soldiers in Iraq.

The case was brought by the Birmingham-based firm Public Interest Lawyers on behalf of Iraqis who said British troops inflicted torture, rape, and death upon their relatives between 2003 and 2006. The Strasbourg ruling overturned a 2007 ruling by the House of Lords, which ruled that there was no UK jurisdiction for the deaths of Iraqi civilians.

The landmark ruling may open the door for Iraqis seeking justice for abuses that occurred under British patrol.

The case involved six deaths that occurred in the Basra area of Iraq between May 2003 and June 2004. Basra at the time was under British patrol. Four victims were shot, while a fifth victim died after being beaten and forced into a river in which he drowned.

The sixth death involved Baha Mousa, who died at a British military base. His father, who identified his son’s body, said Mousa was covered in blood and bruises and had a broken nose.

In its decision, the Court wrote: “[T]he United Kingdom assumed authority and responsibility for the maintenance of security in (southeastern) Iraq. In those exceptional circumstances, a jurisdictional link existed between the United Kingdom and individuals killed in the course of security operations carried out by British soldiers during the period May 2003 to June 2004.”

The relatives of those who died, apart from Mousa, were awarded £15,200 each in damages, and £44, 700 in costs and expenses. Mousa’s family has already been awarded £575,000 in compensation.

Phil Shiner, part of the team at Public Interest Lawyers said of the ruling: “This is a monumental judgment . . . and an important day for our clients, many of whom can now force what the MoD has long-denied them – a public inquiry uncovering the truth about what the British army did to them and their loved ones.”

The Ministry of Defense said: “We are disappointed by these Strasbourg judgments and we will consider them in detail before deciding on our next steps.”

For more information, please see:

BBC News – Court ruling ‘paves way for UK Iraqi abuse hearings’ – 7 July 2011

Belfast Telegraph – Human rights ruling on Iraq troops – 7 July 2011

CNN – Court: Britain obligated to probe civilian deaths in Iraq – 7 July 2011

Guardian – Iraq abuse ruling by European court says UK failed human rights role – 7 July 2011

Telegraph – British troops in Iraq had a duty under human rights laws, European court rules – 7 July 2011