- The Ministry of Defence has been accused of "buying
off" families of Iraqi civilians in whose deaths British troops have
been involved by making them sign waivers in exchange for compensation
payments and "charitable donations".
-
- Figures released to The Independent on Sunday by the
MoD last week reveal that so far $14,000 (£7,600) has been paid in
official compensation for incidents including deaths in military custody
as well as shootings during demonstrations. But the MoD also admits paying
"charitable donations" of $24,350 to families up to 13 March
this year, the latest figure available.
-
- The "donations" are described as ad hoc payments
to cover funeral expenses and help with hardship, but - as with official
compensation - the recipient must sign a declaration accepting the money
as "full and final settlement". Both types of payment come with
an apology, but no admission of guilt or liability.
-
- A senior researcher at Amnesty International, who interviewed
families in Basra in March, said: "There could be more fatalities
than those on the public record, because families have accepted these payments."
-
- Calling the system "a buy-off" and "contrary
to natural justice", the Liberal Democrat Defence spokesman, Paul
Keetch, said: "They have to sign a form saying ... they won't take
any further action against the British government. We need a proper system
that can identify what's gone wrong."
-
- Amnesty International has made similar complaints, and
wants the MoD to provide more information on what the payments cover. There
are accusations that the pay-offs are being abused to silence victims'
families, particularly those judged powerful enough to exact revenge.
-
- Although no British troops have yet been charged over
Iraqi civilian deaths, the MoD confirmed that eight prosecutions are pending
against British soldiers, five of which involve deaths. One is the case
of Baha Mousa, the Basra hotel receptionist allegedly kicked to death last
September by members of the Queen's Lancashire Regiment, revealed in the
IoS in January.
-
- The Attorney General, Lord Goldsmith, also announced
last week that four members of the Royal Regiment of Fusiliers would be
tried at a court martial. The case centres on photographs which are said
to show Iraqi inmates being forced to perform sexual acts on each other,
and a naked prisoner, bound and gagged, suspended in a net from a forklift
truck.
-
- An Amnesty official said the "going rate" for
a death appeared to be about $1,400. But after the death of Baha Mousa,
whose father is an Iraqi police colonel, the family was offered much more.
"In the Baha Mousa case [a] British military official apologised and
gave his father, Col Mousa, $3,000 and said he would make subsequent payments,"
said the official. "He then offered Col Mousa another $5,000, saying
it would be the final payment. But Col Mousa refused to accept this. The
military were hoping the family would not take it any further. The other
people were only given $2,000 or $1,500. Col Mousa was offered $8,000 because
his case got a lot of publicity and he is a senior police officer."
-
- Phil Shiner, a Birmingham lawyer bringing several cases
against the MoD on behalf of Iraqi civilians, said: "There's an element
[of buying people off] if you look at the efforts that were made with Col
Mousa. When they offered him a lot more, they were definitely getting him
to sign away his rights. They knew, it seems, that Mousa had them bang
to rights, and they were trying to shut him up."
-
- If it was an attempt to silence him, it failed - Col
Mousa is expected to travel to Britain early next month to attend a High
Court action brought against the MoD.
-
- The compensation payments issue will be discussed at
a meeting of Britain's leading human rights lawyers next month. In a development
that will worry ministers, figures such as Gareth Peirce, Louise Christian,
who handled the cases of Camp X-Ray Britons, and Imran Khan, who handled
the Stephen Lawrence case, are preparing to mount "well-aimed legal
challenges" to the British compensation and justice system in Iraq.
Amnesty also alleges that the official claims procedure is difficult and
complicated.
-
- In a report last month, it said: "Many families
whose relatives have been killed by UK forces are not advised of the procedures
for applying for compensation. In several cases UK forces provided wrong
information, suggesting families can only apply for compensation from a
future Iraqi government or determining themselves that compensation is
not payable."
-
- An MoD spokesman said the armed forces minister, Adam
Ingram, would provide a comprehensive response to Amnesty's allegations
"in the near future".
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- © 2004 Independent Digital (UK) Ltd http://news.independent.co.uk/uk/legal/story.jsp?story=533359
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