Iraq trial for UK death suspects

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Two Iraqis accused of killing two British soldiers can be tried by Iraqi authorities despite a "real risk" they could face the death penalty.

Faisal Al-Saadoon and Khalaf Mufdhi are accused of murdering Staff Sgt Simon Cullingworth and Sapper Luke Allsopp.

The High Court has ruled it is lawful for them to be transferred from British custody and tried by an Iraqi court.

The men can remain in British military hands in Basra until a deadline on Monday to appeal the ruling.

Lord Justice Richards and Mr Justice Silber ruled the government can lawfully hand the suspects over to the Iraqi Higher Tribunal for trial, despite the risk they could face the death penalty.

'Difficult issues'

But they ordered the government not to remove them "outside British custody" before Monday at 1600 GMT to give their lawyers time to appeal.

Lord Justice Richards said the court had found it would be "wholly inappropriate" to stop Defence Secretary John Hutton handing the men over as it would "involve a breach of UK international obligations and an interference with the sovereignty of Iraq".

But he said the decision was made "notwithstanding that on our view they could face the real risk of the death sentence if convicted".

"We are seriously troubled by that conclusion. We regard the issues in the case as difficult and important."

Lawyers for the men have argued allowing them to stand trial in Iraq would violate both the European Convention on Human Rights and the 1998 Human Rights Act.

The Ministry of Defence, the Foreign Office and the Ministry of Justice say they have been given assurances at the "highest level" that both men will receive a fair trial and treatment, whatever the outcome of the case.

Phil Shiner, the solicitor representing Mr Al-Saadoon and Mr Mufdhi, said he was disappointed by the decision, but would appeal.

TV pictures

The murder of Staff Sgt Cullingworth, 36, and Sapper Allsopp, 24, both members of 33 Engineer Regiment (Explosive Ordnance Disposal), caused anger in the UK, with then Prime Minister Tony Blair saying the two men had been executed by the Iraqi Army.

The soldiers were travelling as part of a convoy which was ambushed by Fedayeen militiamen on the outskirts of the town of Al Zubayr in southern Iraq on 23 March, 2003.

While half the convoy escaped, Staff Sgt Cullingworth, who was married with two sons, and Sapper Allsopp were taken to a local Baath party headquarters and then to an Iraqi intelligence base, where they were shot dead.

Photographs taken of the soldiers at the compound as they lay dying, surrounded by a baying mob, were later shown on the Arabic TV channel al-Jazeera.

The soldiers' graves were discovered a month later and their bodies were exhumed.

One of the families of the dead men has written to the Iraqi court and asked for clemency in the event that the former Iraqi soldiers are found guilty.