Article: Britain must obey the rule of law over Iraqis detained without trial

LEGAL OPINION

Two Iraqis have been held without trial by the British Army for five years. Why is this any different from Guantanamo Bay?, asks Phil Shiner, of Public Interest Lawyers

In 2003, two Iraqis, Faisal al-Saadoon and Khalaf Mufdhi, were arrested on suspicion of involvement in the killing of two British soldiers. Both men have since been held without charge or trial in clear breach of the right to due process protected by Article 5 European Convention on Human Rights (ECHR).

Further, the British government now intends to hand over the men to the Iraqi Higher Criminal Tribunal where they will face trial for "war crimes" in respect of these killings. If convicted, they face the death ...

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