Britain's highest court to hear Malaysia massacre case

[webfact]

Britain's highest court to hear Malaysia massacre case
Agence France-Presse
LONDON

LONDON: -- Survivors of the 1948 killings of 24 villagers in Malaysia by British troops are to argue for a public inquiry in Britain's highest court on Wednesday, lawyers said.

The legal challenge will be brought by the relatives of those killed in the incident dubbed the "Batang Kali massacre", which occurred during the so-called Malayan Emergency when Commonwealth forces fought a communist-inspired revolt.

The 24 men were killed after British soldiers entered the Batang Kali rubber plantation in the British protectorate, Selangor state, and rounded up and interrogated villagers.

The British government at the time said that the villagers were suspected insurgents and had been trying to escape, but lawyers for the families argue the men may have been deliberately executed.

"I have travelled here to stand before the most senior judges in (the) UK. I want to let them know the struggle and hardship that my beloved mother suffered after the death of my Dad during the massacre," said Lim Ah Yin, who was 11 years old at the time, in a statement.

"I am 78 years old and I am determined to see the long overdue justice be done for my beloved father."

The case has ramifications for Britain’s duty to investigate historical cases involving British troops, including during the Northern Irish conflict popularly known as The Troubles.

Lawyers for the families will argue that Britain has a responsibility to commission an independent inquiry under the European Convention on Human Rights, even though the convention was signed after the incident took place.

Critics however have argued against applying European human rights law to military operations.

In a letter to newspaper The Times this month, seven former chiefs of defence staff criticised "the creeping legal expansion on to the battlefield", arguing that "war demands different norms and laws than the rest of human activity."

Britain’s Ministry of Defence has called the killings a "deeply regrettable incident," and previous calls for an inquiry have failed.

Nevertheless, a lawyer for the families said it was not too late for the law to "demand answers from the state".

"Plainly, the bullets that killed half the inhabitants of Batang Kali can never return to their barrels and the time has long since passed when any soldier who fired them might be prosecuted," said John Halford of Bindmans LLP.

"After all, those killed were British subjects living in a British Protected State. They, and their families, have a right to meaningful British justice."


-- (c) Copyright AFP 2015-04-22

[Jonmarleesco]

'"After all, those killed were British subjects living in a British Protected State. They, and their families, have a right to meaningful British justice."' Yet they live in a country whose own current-day human rights record is nothing to write home about.

[Bignose]

For generations there have been murders, massacres, rape's and every other despicable crime committed in the name of some cause during conflict, we would be hard pushed to find a country "innocent" and who have not been involved at some time.

While it is true that the soldiers concerned would probably have long passed and be beyond the court's jurisdiction, it is important that a major principle be maintained!

A sense of justice must be maintained, what cause or objective is worth fighting for if we are to ignore one of the basic fundamentals?

All too often these events happen on the orders of superiors, if they do not have prior knowledge then there would probably be knowledge "after the fact" and collusion in dealing with the aftermath and consequences. As society matures and progresses, with the onset of the information society that we now live in this is totally unacceptable. Acts of inhumanity and cruelty can never be justified or excused, no matter what the cause or conflict.

If as a society we are to progress and grow, crimes like this no matter how many years ago must be fully aired and investigated, not just to lay blame at the feet of the squadie who pulled the trigger, but at the hierarchy who either ordered it or allowed it to happen...

[Lopchan]

'"After all, those killed were British subjects living in a British Protected State. They, and their families, have a right to meaningful British justice."' Yet they live in a country whose own current-day human rights record is nothing to write home about.

So what? Yes Malatsia's Human rights are questionable. Usually questioned by the "world powers and upholders of blah blah blah" INCLUDING BRITAIN which has an abysmal record of its own. They should be held accountable, especially considering they and their subjects get on their soap box to preach about other countries! Just a question, you wouldn't be a Brit by any chance?

[cookee68]

They were killed because they believed them to be insurgents etc, in Malaysia you can be killed just because they believe you gave up your Muslim faith, it is all about compensation, every country hides its past, for good or bad,

[WitawatWatawit]

They were killed because they believed them to be insurgents etc, in Malaysia you can be killed just because they believe you gave up your Muslim faith, it is all about compensation, every country hides its past, for good or bad,

"... in Malaysia you can be killed just because they believe you gave up your Muslim faith, ..."

What rubbish. Think before you write. Malaysia is a moderate Muslim country.