WHY SHOULD THIS BE HAPPENING?

Two Iraqis who stand accused of murdering two British prisoners of war have been granted thousands of pounds in legal aid so that they can fight being handed over to Iraqi authorities to face trial.

Faisal Al-Saadoon and Khalaf Mufdhi are accused of killing Staff Sergeant Simon Cullingworth and Sapper Luke Allsopp in cold blood at the beginning of the Iraq war in 2003.

The British government wants to hand the Iraqis over to the Iraqi government for trial but the couple’s British lawyer has initiated a High Court challenge on the basis that such a trial would breach his clients’ human rights.

The two Iraqis are currently being held in British custody in Iraq. If their lawyer’s challenge is successful, they would be brought to the UK to face trial and senior British government figures are worried that they will claim political asylum if they are tried in Britain.

SSgt Cullingworth and Spr Luke Allsopp, both of the 33 Engineer Regiment, were travelling as part of a convoy when they were attacked by militiamen in Al Zubayr in southern Iraq in March 2003.

Half of the company managed to escape but SSgt Cullingworth and Spr Allsopp were taken to a Ba’ath party headquarters and then onto an Iraqi intelligence base where they were shot dead. Photos of the dying soldiers, surrounded by a mob of Iraqis, were later shown on Arabic TV station al-Jazeera.

The judicial review of the Iraqis’ case has been launched by the company Public Immunity Lawyers. The couple’s lawyer, Mr. Phil Shiner, confirmed that the review was being funded by legal aid and will claim that if his clients were to face trail in Iraq, it would be a breach of their human rights under Article 3 of the European Convention of Human Rights.

Shiner said: “The IHT (Iraqi Higher Tribunal) have a track record of sentencing people to death and we, the UK, have a policy of not handing over people to a jurisdiction if there is a risk of the death penalty being applied.”

Senior members of the Ministry of Defense, the Foreign Office and the Ministry of Justice have been given assurances “at the highest level” that the two Iraqis will receive a fair trial and fair treatment.

Margaret Cullingworth, 83, the mother of Simon Cullingworth, (pictured above) said: “They should be tried and brought to justice in their own country. It was a horrible crime. We could have accepted it if they had been killed in battle but they were prisoners and were murdered.

“We do have confidence in the UK authorities and believe they will do the right thing. Simon’s widow has been left to bring up the children on her own and she has found it very hard - we all have.”

BNP NEWS TEAM

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