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14 September 2011
Issue: 7481 / Categories: Legal News
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Findings of failure by Baha Mousa inquiry

Gage inquiry accuses Ministry of Defence of “corporate failure”

A year-long inquiry into the death of Baha Mousa has blamed “corporate failure” at the Ministry of Defence (MoD) for the use of banned interrogation techniques.

Mousa, an Iraqi citizen, died with 93 injuries in British Army custody in Basra in 2003.

The inquiry, led by Sir William Gage, found that Mousa died after suffering an “appalling episode of gratuitous violence” by British soldiers.

It found the so-called “five techniques” for interrogation banned by the UK government in the 1970s were used by British forces in Iraq. They include hooding, white noise, sleep deprivation, food deprivation and painful stress positions.

Sir William’s report said a large number of soldiers must have known what was happening to Mousa and his colleagues from the hotel where he was arrested. He criticised the lack of training of soldiers in handling prisoners and blamed the MoD for failing to remind operational forces that the techniques were banned.

Sapna Malik, partner at Leigh, Day & Co, who represents Mousa’s family, said: “Sir William has found that the serious assaults ‘were not perpetrated by just one or two rogue individuals’, but names 19 individual soldiers, including three senior non-commissioned officers.

“In light of the cogent and serious findings we now expect that the military and civilian prosecuting authorities of this country will act to ensure that justice is done.”

Issue: 7481 / Categories: Legal News
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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
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Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
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A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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