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| Version 0 | Version 1 |
|---|---|
| Britain hands suspects to Iraqis | Britain hands suspects to Iraqis |
| (10 minutes later) | |
| Britain has handed over two Iraqis accused of murdering UK soldiers to the Iraqi authorities despite a European Court injunction against the decision. | Britain has handed over two Iraqis accused of murdering UK soldiers to the Iraqi authorities despite a European Court injunction against the decision. |
| The European Court of Human Rights had put an "eleventh-hour" freeze on the transfer of Faisal Al-Saadoon,56, and Khalaf Mufdhi, 58, held in Basra. | The European Court of Human Rights had put an "eleventh-hour" freeze on the transfer of Faisal Al-Saadoon,56, and Khalaf Mufdhi, 58, held in Basra. |
| Their lawyer said they would face execution if they were handed over. | Their lawyer said they would face execution if they were handed over. |
| Both are accused of murdering Staff Sgt Simon Cullingworth and Sapper Luke Allsopp in Iraq in March 2003. | Both are accused of murdering Staff Sgt Simon Cullingworth and Sapper Luke Allsopp in Iraq in March 2003. |
| Phil Shiner of Public Interest lawyers, a civil rights campaigning group opposing the transfer, said the men's families had been told to prepare for the handover. | Phil Shiner of Public Interest lawyers, a civil rights campaigning group opposing the transfer, said the men's families had been told to prepare for the handover. |
| Appeal | Appeal |
| Lawyers for the two accused had earlier argued that allowing them to stand trial in Iraq would violate both the European Convention on Human Rights and the 1998 Human Rights Act. | Lawyers for the two accused had earlier argued that allowing them to stand trial in Iraq would violate both the European Convention on Human Rights and the 1998 Human Rights Act. |
| But three Court of Appeal judges had ruled that after midnight on Wednesday, when the UN mandate for British forces in Iraq expires, Iraqi police could go to the British compound in Basra and remove the prisoners. | But three Court of Appeal judges had ruled that after midnight on Wednesday, when the UN mandate for British forces in Iraq expires, Iraqi police could go to the British compound in Basra and remove the prisoners. |
| On Tuesday, a judge in Strasbourg granted an interim injunction preventing the transfer until further notice. | On Tuesday, a judge in Strasbourg granted an interim injunction preventing the transfer until further notice. |
| However, Defence Secretary John Hutton said the Court of Appeal had ruled the men did not fall within the "jurisdiction" of the European Convention on Human Rights. | |
| Mr Hutton said it would be a "breach" of "international law obligations" if UK continued to detain the men. | Mr Hutton said it would be a "breach" of "international law obligations" if UK continued to detain the men. |
| He said: "The European Court of Human Rights at Strasbourg has asked the UK to retain custody in Iraq of Mr Al Saadoon and Mr Mufdhi when we have no legal power to do so. | He said: "The European Court of Human Rights at Strasbourg has asked the UK to retain custody in Iraq of Mr Al Saadoon and Mr Mufdhi when we have no legal power to do so. |
| "Compliance with Strasbourg requests would normally be a matter of course but these are exceptional circumstances. | "Compliance with Strasbourg requests would normally be a matter of course but these are exceptional circumstances. |
| "We cannot comply with requests to act in a manner which the UK Court of Appeal has held to be a breach of our international legal obligations. | |
| "The only lawful action open to the UK was to transfer these individuals to the Iraqi authorities." | "The only lawful action open to the UK was to transfer these individuals to the Iraqi authorities." |
| 'Seriously troubled' | 'Seriously troubled' |
| In October 2006 a coroner ruled that the two soldiers were unlawfully killed by Iraqi military intelligence. | In October 2006 a coroner ruled that the two soldiers were unlawfully killed by Iraqi military intelligence. |
| The two men were ambushed by militia, taken to an Iraqi military compound and shot. | The two men were ambushed by militia, taken to an Iraqi military compound and shot. |
| The Court of Appeal judges dismissed claims that Mr Al-Saadoon and Mr Mufdhi's human rights would be infringed by being handed over to the Iraqi authorities to stand trial. | The Court of Appeal judges dismissed claims that Mr Al-Saadoon and Mr Mufdhi's human rights would be infringed by being handed over to the Iraqi authorities to stand trial. |
| Before their case reached the Court of Appeal it was rejected by two High Court judges who ruled they could be tried in Iraq, but said they were "seriously troubled" owing to the risk of execution. | Before their case reached the Court of Appeal it was rejected by two High Court judges who ruled they could be tried in Iraq, but said they were "seriously troubled" owing to the risk of execution. |
| Mr Hutton said Iraq's government had made assurances that the men would be treated humanely. | Mr Hutton said Iraq's government had made assurances that the men would be treated humanely. |
| "Throughout this case, the Ministry of Defence has acted in the interests of justice and in the interests of the families of the two murdered soldiers. | "Throughout this case, the Ministry of Defence has acted in the interests of justice and in the interests of the families of the two murdered soldiers. |
| "We should all welcome the fact that the Iraqi courts will now be able to establish the facts and for the course of justice to be followed, " he said. |