MoD secures ban on Iraq abuse case documents

The Ministry of Defence succeeded today in blocking the release of former attorney general Lord Goldsmith's advice about whether human rights law applied to British troops in Iraq.

Lawyers for Iraqi detainees allegedly abused by UK soldiers argued the advice was relevant and should be published.

But Sir William Gage, chairman of the ongoing public inquiry into the death of Iraqi hotel worker Baha Mousa in British military custody, ruled it should remain secret.

Lord Goldsmith's advice on whether the European Convention on Human Rights (ECHR) applied to UK operations in Iraq is contained in seven documents dated between February 16 and April 16 2003.

The MoD argued in submissions to the Baha Mousa inquiry that the papers were covered by legal professional privilege, which protects communications between lawyers and their clients.

But lawyers for Mr Mousa's family and other Iraqis detained along with him said the advice was important because the ECHR made it clear that prisoner-handling techniques employed by British troops in Iraq should not have been used.

Lord Goldsmith summarised his position when he gave evidence to the Chilcot Inquiry into the Iraq war in January this year.

He said: "There were other issues in relation to our responsibilities, which really meant soldiers' responsibilities towards Iraqi detainees or members - civilian members.

"For example, did the European Convention of Human Rights apply to activity or at least some activity in relation to Iraq?

"It is not a part of Europe, but that was a question which I did have to advise, and then we got on to the question of treatment of detainees.

"Fundamentally, my advice was that the obligations about the proper treatment of people, which are contained in the European Convention, did apply in relation to detainees.

"Subsequently, I became involved in issues where there were allegations that detainees had not been treated properly, and, indeed, I authorised certain prosecutions as a result."

He stressed: "I gave advice on the application of the European Convention to certain aspects of the conduct, advising those standards did need to be complied with."

Sir William read the seven documents drawn up by the former attorney general before giving his ruling today.

He said: "In my opinion the documents which form the advice remain confidential and I cannot direct that any of them be produced by the MoD.

"I should add that if there were one single document which incorporated the advice in substantially the same terms as enunciated by Lord Goldsmith to the Chilcot Inquiry I would have directed that it be disclosed."

The inquiry is investigating allegations that British soldiers beat to death hotel receptionist Mr Mousa, 26, in Basra, southern Iraq, in September 2003.

It has heard the troops used "conditioning" methods on Iraqi prisoners such as hooding, sleep deprivation and making them stand in painful stress positions with their knees bent and hands outstretched.

These techniques were outlawed by the Government in 1972 after an investigation into interrogation in Northern Ireland.

Then-prime minister Edward Heath told MPs that any future Government wanting to authorise conditioning would probably have to ask Parliament for the powers to do so.

The inquiry is currently looking at who in the chain of command told British soldiers serving in Iraq in 2003 they could use these banned methods.

Lord Goldsmith, the Government's chief legal adviser at the time, insisted the authorisation did not come from him.