Global Policy Forum

Relatives of 12 Iraqi prisoners who were allegedly killed by British troops in Iraq today won the right to challenge the government's refusal to hold independent inquiries into the deaths.

The decision paves the way for the families to present their evidence at a judicial review of the government's stance, which is likely to take place in either June or July, and claim compensation for the deaths. It could also result in criminal prosecutions against British troops. Mr Justice Collins, sitting at the high court in London, ruled there was "an arguable case" that should go to a full hearing.

Rabinder Singh QC, acting for the families, was given permission to challenge what lawyers for the relatives are referring to as "a policy decision", outlined in a letter of March 26, not to hold independent inquiries into the deaths in "post-war" Basra. Mr Singh is seeking a declaration that the deaths amounted to a violation of the European convention on human rights (ECHR), and independent inquiries to establish the causes of death.

The case will centre on the obligations of the Ministry of Defence under Article 2 of the ECHR, which protects the right to life. At the full hearing for judicial review, government lawyers are expected to argue that the ECHR, which is enshrined in domestic law by the Human Rights Act, does not cover southern Iraq because it is not under British jurisdiction.

Last week, the armed forces minister, Adam Ingram, told MPs the government did not believe that the human rights convention applied to British soldiers in Iraq. He said: "The best judgement that I have is that the ECHR does not apply."

However, the family lawyers will contend that the British effectively control the area. The families' solicitor, Phil Shiner, of Birmingham-based firm Public Interest Lawyers, said: "If you are an occupying power pursuant to a UN security council resolution, and are responsible for the police and the judiciary, then you have effective control."

After an initial hearing last week, Mr Shriner said he was seeking "proper damages" for the families of the victims who, in some cases, have received ex-gratia payments of between £500 and £1,000 from the MoD.

Announcing his decision, Mr Justice Collins stressed that the permission he had given was limited to whether the ECHR "applied in the circumstances" of the Iraqi cases. "Permission means merely that the point is arguable," he said. But he added that this issue could give rise to the question of criminal proceedings.

He said the issues to be covered should include whether procedural duties arising under Article 2 of the ECHR applied to the British in Iraq, including the duty to investigate whether deaths had occurred unlawfully. The judge went on to consider what arrangements should be made for a speedy hearing of the challenge, including the claims for compensation, and said the case should be heard in June or July.

The first of the 12 cases listed is that of Hazim Jum'aa Gatteh al-Skeini, who was allegedly shot dead by British soldiers when they opened fire in response to shots at a funeral ceremony. Mr Singh told the court that 37 civilian deaths since May last year had been attributed to or blamed on UK forces. After the judge had indicated that he was minded to restrict the number of cases coming to court to the current 12, Mr Singh was given permission to add a 13th.

This was the cases of married father-of-two Baha Mousa, 28. The hotel receptionist died after allegedly being beaten by British troops after being arrested with eight other men at a hotel in Basra last September. His case was one of those highlighted in a leaked Red Cross report on the treatment of prisoners in Iraq, which was published in full yesterday.

The decision to allow a judicial review hearing was not opposed by Phillip Sales, appearing on behalf of the government, who said: "Our main concern is that it be dealt with in an orderly fashion". However, the ruling, which clears the way for fresh allegations of torture by British troops to be made public, comes at a critical time for the government.

The defence secretary, Geoff Hoon, is under intense pressure after admitting he had not been aware of the three-month old Red Cross report until last week. He was also forced to admit that British troops broke the law when they forcibly placed hoods over the heads of captives.

The government was today rocked by another report, this time by human rights group Amnesty International, which accused British soldiers in Iraq of killing several civilians - including an eight-year-old girl - when they posed no apparent threat. It was not immediately clear whether the cases cited by Amnesty overlapped with those before the high court.