Thursday, January 01, 2009

UK turns Iraqi suspects over to Baghdad

LONDON (AP) - Two men accused of killing British soldiers have been turned over to Iraqi authorities in defiance of Europe's top human rights court, Britain's defense secretary said Wednesday.

Faisal al-Saadoon and Khalaf Mufdhi are now in Iraqi custody and face trial for war crimes, British Defense Secretary John Hutton said in a statement. The pair, former members of Saddam Hussein's Baath Party, are alleged to have killed Staff Sgt. Simon Cullingworth and Sapper Luke Allsopp after the pair were captured in an ambush during the opening days of the Iraq War. Photographs of the dying soldiers, surrounded by an Iraqi mob, were broadcast on the Arabic television channel, al-Jazeera.

British forces in southern Iraq arrested Mufdhi and al-Saadoon in April and November 2003 respectively, holding them at the city's airport as senior Baathists. British investigators later linked them to the killings, and the case was referred to Iraqi authorities for prosecution in late 2005.

Lawyers for al-Saadoon and Mufdhi have fought against any move to have the two tried in their home country, arguing that they might be tortured and face the death penalty.

But a British court ruled that the transfer was lawful. Hutton said he had no choice but to defy the European Court of Human Rights because Britain would lose the legal authority to hold the Iraqis in the new year, when its U.N. mandate expires.

"The European Court of Human Rights at Strasbourg has asked the U.K. to retain custody in Iraq of Mr. al-Saadoon and Mr. Mufdhi when we have no legal power to do so," Hutton said. "Compliance with Strasbourg requests would normally be a matter of course but these are exceptional circumstances."

Phil Shiner, an attorney who has fought to keep the men out of Iraqi hands, said the move is vindictive.

"The relevant public servants dealing with this case appear to enjoy the prospect of my clients being hung," he said.

Britain's military did not say when the men were transferred to Iraqi custody or give any indication as to their current whereabouts.

MyWay

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