Ex-soldier admits he tortured Iraqi prisoner to death for 'banter'

Ex-soldier admits he tortured an Iraqi prisoner to death for ‘banter to pass the time’ as harrowing testimony reveals obese father-of-two pleaded for mercy while being forced to adopt stress positions in 40C heat – but squaddie is granted immunity

• The Black Watch private described the suffering he inflicted on the captive
• Raises alarming questions about effectiveness of military’s judicial system

A former soldier yesterday revealed how he tortured an Iraqi prisoner to death for ‘banter’, in what is believed to be the first admission of its kind.

The Black Watch private described the suffering he inflicted on the captive knowing he will not face further criminal investigation.

The shocking case raises further alarming questions about the effectiveness of the British military’s judicial system and the competence of its police officers.

For many years entirely innocent Iraq veterans faced intrusive inquiries and re-investigations into abuse allegations which prevented them getting on with their lives. 

But yesterday it emerged the retired soldier who callously mistreated a prisoner is untouchable by any court in this country or the International Criminal Court (ICC).

The Black Watch private described the suffering he inflicted on the captive knowing he will not face further criminal investigation (file image of a sentry from the Black Watch)

For many years entirely innocent Iraq veterans faced intrusive inquiries and re-investigations into abuse allegations which prevented them getting on with their lives. But yesterday it emerged the retired soldier who callously mistreated a prisoner is untouchable by any court in this country or the International Criminal Court (ICC) (file image)

The legal order granting him immunity and anonymity was signed off in 2021 by Suella Braverman while she was attorney general. 

The squaddie, appearing before the Iraq Fatality Investigations (IFI) judicial inquiry into the deaths of civilians in UK custody, was identified by his cypher ‘SO89’ as he described the ordeal of Mousa Ali on May 13, 2003.

In temperatures above 40C (104F), SO89 – with colleague SO103 – forced Mr Ali to complete exercises while carrying 25kg (55lb) jerry cans and to adopt stress positions. 

Such mistreatment of prisoners is considered torture under international law and is also illegal under UK law.

He told the inquiry how Mr Ali, who was in his 50s and morbidly obese, pleaded for mercy as he repeatedly collapsed and had to be dragged to his feet. 

SO89 had taken it entirely upon himself to torture the Iraqi, having received no orders other than to guard him at Camp Stephen in Basra.

Mr Ali, a married father-of-two was arrested by British soldiers after a rifle was found at his house – but he was not considered a threat to UK forces. 

Remarkably, SO89 said putting Mr Ali through such an ordeal was ‘banter, to pass the time’. 

Speaking via a virtual link to the IFI hearing, he said: ‘He was a big boy, maybe the exercises didn’t help. Stress position was his default position, always starting and finishing in it. He was getting more out of breath.

‘He kept falling down, exhausted. I lifted him back on to his feet on a couple of occasions. There was nothing other than him being sweaty which would make me think something was wrong.

‘It was to pass the time. It was, let’s have a bit of fun. We mucked him about, it was banter.’

The shocking case raises further alarming questions about the effectiveness of the British military’s judicial system and the competence of its police officers

Mr Ali slumped to his side and foam emerged from his mouth. He was declared dead by the regimental medical officer, with the cause of death logged as ‘unknown’. 

His body was taken to hospital where a death certificate on May 15, 2003, gave ‘heart failure’ as the cause of death. There was no post-mortem examination.

When questioned by the Royal Military Police, SO89 failed to mention the brutal exercise session. Asked why, he told Dame Anne Rafferty, the retired judge leading the inquiry: ‘Maybe they didn’t ask me the question.’

The IFI website states the inquiry ‘is not concerned with determining civil or criminal liability’, adding: ‘The Inspector requests undertakings from the Attorney General and the Prosecutor of the ICC that witnesses will not be prosecuted on the basis of any self-incriminating evidence they provide.’

SO89 left the Army in 2005 – neither he nor SO103 were ever charged. 

A Ministry of Defence spokesman said the ‘event in question has been examined through multiple criminal investigations’ with no prosecutions due to ‘insufficient evidence’, adding: ‘We are committed to improving procedures. 

‘We have also undertaken reviews of Service Policing and the Service Justice System with work being taken forward on a number of reforms to ensure justice in the Armed Forces is effective.’

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