By IRNA,
London : Britain’s high court has blocked the handover of the last Iraqi prisoners held in the custody of UK troops pending the outcome of a final appeal on December 29.
Public Interest Lawyers (Pil) said Tuesday that they had won a Court of Appeal injunction in London, preventing the immediate transfer of Faisal al-Saadoon and Khalaf Mufdhi, who are accused of killing two British soldiers.
Last Friday, the high court ruled that the two prisoners could be transferred to the Iraqi Higher Tribunal in Baghdad to try them on allegations of war crimes, but also noted that there was a “real risk” they would face the death penalty if handed over.
The two-day appeal is taking place just before the expiry of the current UN mandate for British operations in Iraq at the end of the year.
The allegations against al-Saadoon, aged 56, and Mufdi, aged 58, relate to the deaths of Staff Sergeant Simon Cullingworth and Sapper Luke Allsopp just after the invasion of Iraq in March 2003.
Pil, which has acted for many Iraqi victims of alleged abuse by British troops, challenged the transfer on the basis that they risked facing an unfair trial and possible mistreatment and execution in violation of the European Convention of Human Rights.
Its solicitor Daniel Carey said that the granting of the appeal recognised the “importance of ensuring British compliance with domestic and international law whilst the negotiations with the Iraqi government over the British presence in Iraq continue.”
“In our view, the protection of persons detained and held by the British Government from the death penalty should override any issues of political expediency as the expiry of the UN mandate nears,” Carey said.
The case comes as the Iraqi parliament delayed a vote on a new mandate to allow British troops to remain in the country after the expiry of the current UN resolution on December 13.