Files to be opened in Iraq death

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British military files into the death of an Iraqi man are to be handed over to his family's lawyers.

Phil Shiner, solicitor for Baha Mousa's father, won access to the documents at a High Court hearing.

He is confident the papers contain the evidence needed to persuade Defence Minister Des Browne to call a full public inquiry into the death.

Mr Mousa was detained in UK military custody in Basra when he died with 93 separate injuries in September 2003.

Thousands of pages

Mr Shiner labelled the court order a "breakthrough" in the case that could help to finally establish "what went wrong and who was responsible".

His law firm, Public Interest Lawyers, is acting on behalf of the 26-year-old hotel worker's father, Daoud Mousa, an Iraqi police colonel.

A court martial into the death was held in Wiltshire earlier this year.

Seven soldiers accused of the abuse of Iraqi civilians or involvement in the death of the 26-year-old were cleared of all allegations.

Mr Shiner has maintained that "a closing of ranks" meant that no one had yet been held responsible for Mr Mousa's death.

He said the documents in question, of which there thousands of pages, include transcripts of e-mails and other correspondences that were cited during the court martial but never made public.

Extraordinary lengths

Wednesday's court ruling did not give the Ministry of Defence a deadline to hand over the files, which fill at least 20 arch levers.

Mr Shiner called the court order a 'breakthrough'

The MoD will now vet the material to remove details that are considered matters of national security before complying with the order, a process that Mr Shiner said is cause for worry.

"They have gone to extraordinary lengths not to give me them," he said, adding that the information is crucial if he is to participate in a review of the case ordered by Defence Secretary Des Browne. "They've got a lot to hide."

In June, the House of Lords ruled that human rights laws applied in the case of detained Iraqi civilians, like Mr Mousa, and the UK was obliged to conduct an independent investigation into his death.

That ruling prompted Mr Browne to announce an urgent review into the court martial proceedings to decide if a further inquiry is required under Articles 2 and 3 of the European Convention on Human Life, which protect the right to life and prohibit torture and inhuman and degrading treatment.

Mr Shiner was invited to take part in the review on behalf of Daoud Mousa.

Mr Shiner said: "The fact I now have this material plus the transcript of the daily court proceedings should now make it possible to prove beyond doubt that the Secretary of State must call a public inquiry over Mr Mousa's death."