Mousa, Regina (on The Application of) v Secretary of State for Defence and Another: Admn 21 Dec 2010

Application for judicial review of the Secretary of State’s refusal to order an immediate public inquiry into allegations that persons detained in Iraq at various times between 2003 and 2008 were ill-treated in breach of article 3 of the European Convention on Human Rights by members of the British Armed Forces.
Held: Judicial review was refused. Anticipating that anoter inquiry was to look at related issues, it was not unlwaful for the Secretary of State to await the outcome of that inquiry before deciding on a public inquiry. The ‘wait and see’ approach was legally permissible. ‘The core fact-finding exercise already under way through IHAT is liable to impact on the systemic issues’; that the Baha Mousa and Al-Sweady Inquiries overlap with the issues in the present case; that civil claims may provide further answers; and that the ‘very heavy resource implications’ merit ‘real weight’.
Richards LJ, Silber J
[2011] ACD 32, [2011] UKHRR 268, [2010] EWHC 3304 (Admin)
Cited by:
Appeal fromMousa, Regina (on The Application of) v Secretary of State for Defence and Another CA 22-Nov-2011
The claimant sought a public inquiry into allegations of systematic ill treatment by UK soldiers in Iraq. He now appealed against refusal of an inquiry, the court having found it permissible for the Secretary of Styate to await the outcome of . .

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Updated: 03 March 2021; Ref: scu.427397