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Attempts to prevent media allegations of army abuse lifted

The Guardian, 1st February

The high court has condemned the Ministry of Defence’s attempt to silence allegations reported by the Guardian of serious abuse of Iraqis by British soldiers. Lord Justice Moses described the MoD’s actions in the case as ‘barmy’, with no foundation in law.

In their effort to stop the media from releasing the names of soldiers allegedly involved, the terms of the gagging order were made particularly broad, also preventing the repetition of details of the alleged torture. ‘There is nothing unusual in this case in relation to the disclosure of the identity of someone who is being investigated and where there remains the possibility of future criminal proceedings’, maintained Moses. He added that there was nothing to suggest that publication of the names would endanger those involved.

The alleged incident, now confirmed, occurred after a gun battle between British soldiers from the Princess of Wales’s Royal Regiment and Iraqi insurgents. Allegations of the ill-treatment of 31 Iraqi civilians held in Amara, south-east Iraque, include torture, abuse, mutilations and executions. More than 20 were allegedly returned in body bags, some with evidence of gouged-out eyes, asphyxiation, hanging and injuries to the genitals according to hospital workers and Dr Adel Salid Majid, director of the hospital in Majar al-Kabir where seven of the corpses were left.

The judge criticised the Royal Military Police special investigation branch for taking so long to make their own investigations. ‘It is not fair on them [the soldiers] as well as on everybody else.’ He added that the possibility of any prosecution is ‘far too remote’. The demand for an independent inquiry is now expected to be heard by a high court this April.

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