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First British Conviction in Iraq Prisoner Abuse Case |
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Written by Andrew Davidson
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Tuesday, 01 May 2007 |
LONDON - In a landmark ruling, Britain's first war criminal, Corporal Donald Payne was sentenced to one year in prison for inhuman treatment of Iraqi civilians.
The incident in question occurred in Basra in 2003. The 36-year-old Payne was also dismissed from the Army.
Payne who belongs to the Queen's Lancashire Regiment was found guilty of abusing Iraqi civilians at a hotel in Basra. One of the abused Baha Musa died from asphyxiation during his detention. Musa also had 93 other injuries on his body. He became Britain's first official war criminal as he pleaded guilty to abuse charges.
Six other soldiers including the unit commander Lieutenant Colonel Jorge Mendonca were charged in the abuse case, but convictions were not brought against them. Witnesses recounted horrible facts saying the abuse was authorized by British brigade headquarters in Iraq.
The judge said Mendonca and his staff were absolved from blame in the incident because they were under the impression the abuse was sanctioned by their own commanders. However Payne's lawyer said his client was being made a "sacrificial lamb" while the other got away scot-free.
Musa was hotel receptionist who was detained along with a group of Iraqis. He was blindfolded for 36 hours and suffered brutal beatings. Britain has already tried British troops on two other occasions, but has failed to bring convictions against them.
However Payne was found not guilty of manslaughter charges by the judge. "We are clear that Cpl Payne would not have committed this offence but for the exceptional position in which he was placed, being required to condition the prisoners under his supervision," Mr Justice Stuart McKinnon said at the sentencing.
General Sir Richard Dannatt, the chief of the British Army said the Payne trial threw light on many uncomfortable facts. "The facts are that a number of civilians were arrested by the army on September 14th 2003 and detained in our custody," he said in a statement. "One of them, Mr Baha Musa, died after being held in army detention; post mortem examination show that he had suffered asphyxiation and some 93 injuries to his body."
However he acknowledged the end of the trial did not mean closure for the incident as it was yet to be determined who cause Musa's death. The trial has lasted for six months and has allegedly cost £20 million.
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