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01 December 2011
Issue: 7492 / Categories: Case law , Law reports , In Court
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Human rights—Inhuman or degrading treatment—Effective investigation

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R (on the application of Mousa) v Secretary of State for Defence and another [2011] EWCA Civ 1334, [2011] ALl ER (D) 160 (Nov)

Court of Appeal, Civil Division, Lord Justice Maurice Kay VP, Sullivan and Pitchford LJJ, 22 Nov 2011

The Iraq Historic Allegations Team (IHAT), set up to investigate allegations of ill-treatment of Iraqi detainees by members of the British armed forces, does not have the requisite independence to comply with the investigatory obligation under Art 3 of the European Convention on Human Rights.

Michael Fordham QC, Dan Squires and Rachel Logan (instructed by Public Interest Lawyers) for the claimant. James Eadie QC, Philip Havers QC and Kate Grange (instructed by the Treasury Solicitor) for the Secretary of State. David Wolfe for the Equality and Human Rights Commission as intervener.

The defendant secretary of state established a team, the Iraq Historic Allegations Team (IHAT), to investigate allegations of ill treatment by members of the British armed forces against detainees in Iraq during the period 2003 to 2009 with a view to the identification and punishment of any

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