Iraqi doctor who treated torture victims wins right to stay in United Kingdom

An Iraqi doctor who has been accused of crimes against humanity after treating prisoners who were tortured by Saddam Hussein's regime has been granted UK asylum. 

 

The court ruled that the 54-year-old doctor had little choice in treating the torture victims. He could either treat their injuries with the unintended result of making them physically able to endure more torture, or leave them to suffer or die from their injuries. 

 

Initially, the doctor identified as MAB, was refused asylum in the UK because of his connection to the military intelligence agency, Al-Istikhbarat. 

 

It was acknowledged that MAB was not being accused of directly torturing victims, but he was denied refugee protection on the grounds of "crimes against humanity". 

 

In 2015, the case was taken to an immigration tribunal where the court ruled in MAB's favour after he successfully argued that he was complicit in these acts but had acted under duress.

 

This decision was challenged again in 2017 by the home secretary at the time, Theresa May. It was argued that as a doctor within the regime, he had treated prisoners and victims who he knew might face another bout of torture.

 

The tribunal said: "He assisted those who committed torture by providing medical aid to them. He also provided medical aid to victims in the knowledge that in the ordinary course of events some of them would suffer further torture."

 

The case has now been taken to the Court of Appeal where three Judges have ruled in the medic's favour. The appeal court said: "If it is sufficient to be complicit in torture that the torture of some patients 'may' have ceased if treatment had not been given, then the logical consequence is that no patients should have been treated.

 

They added" "the only way to avoid complicity in such circumstances would be to refuse all treatment… That would be a perverse conclusion and in clear contravention of a doctor's duty of care."

 

As a result, the doctor was granted asylum and permitted to practice in the UK.

 

E&K Solicitors

Rusholme