Defence chiefs face a multi-million pound compensation bill as hundreds of Iraqis await settlement on torture claims.
The Government has already shelled out a mammoth £10.5 million of taxpayer’s cash in the past year to 204 Iraqis who complained they were mistreated by British forces. But that figure looks to be eclipsed with hundreds more claims in the pipeline.
The foreign nationals are seeking settlements after five years of British military presence in Iraq.
The floodgates have opened since Iraqis became aware that they are able to bring proceedings against the UK authorities after the European Court of Human Rights ruled their detention was not necessary.
The staggering number of cases being brought against the Ministry of Defence means funds which could pay for weapons and equipment are being dished out to settle legal claims.
On average, each Iraqi detained has been handed around £50,000. The MOD “tariff” has seen each successful claimant getting at least £1,500 for being held by troops for just a few hours. Those detained for three years can get their hands on £115,000.
Lord Astor, the Parliamentary Under-Secretary of State for the Ministry of Defence, has admitted the department is “grappling with rapidly increasing” claims.
At the House of Lords he said: “Legal developments are creating uncertainty and imposing costs which may have an impact on how our Armed Forces are able to train and operate.
“One direct consequence is that the Ministry of Defence has been grappling with rapidly increasing numbers of legal claims arising from operations, together with escalating costs, largely as a result of these legal developments and the increasing willingness of individuals to litigate.”
In 2011/12, the MoD paid out £8.2m to Iraqis who claimed they were detained or tortured. And with costs set to spiral even further, former chiefs of defence staff urged Defence Secretary Philip Hammond to act.
They’re warning that a flood of legal claims against the Ministry of Defence is affecting Britain’s ability to win wars.
Their calls came after a report by the Policy Exchange think tank said that European human rights legislation has eroded safeguards drawn up by Parliament to ensure commanders can take decisions during battles without worrying they could be subject to legal claims.
But human rights groups have said the number of complaints will continue to grow if, as they claim, there was systematic abuse by the British military in Iraq.
“The application of human rights law to the conduct of British troops abroad must be welcome as a matter of principle and policy,” said Lutz Oette, of REDRESS, an organisation which seeks justice for torture survivors.
“To suggest that respecting rights abroad is too costly or undermines the effort of troops sends the wrong message.
“It ignores the rights of victims and does little to instil confidence that the UK truly adheres to the rule of law at home and abroad.”
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