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UK: Zahid Mubarek campaign setback

01 March 2002

The family of Zahid Mubarek, who was beaten to death in his cell by a known violent racist, Robert Stewart, has suffered a setback in their campaign for a public inquiry into the murder. The court of appeal has overturned a ruling in the lower court that ordered the Home Secretary to hold a public inquiry into the "systemic failures" which led to the murder.
Mr Justice Hooper had found that the right to life guaranteed by the European Convention on Human Rights at Article 2 required the Home Office to carry out an independent investigation into the killing, to be conducted in public, with legal representation for the Mubarek family, disclosure to them of relevant documents, and the right to cross-examine witnesses, (see Statewatch vol 10 no 2, vol 11 no 5).
In the court of appeal, Lord Woolf, Lord Justice Laws and Lord Justice Dyson ruled that a public inquiry was not necessary and that no violation of Article 2 had occurred. They held that it had already been established that the prison service was at fault, an inquiry into this had been held, and the family invited to be involved; the cause of death had been established by Stewart's conviction for murder and there was no basis for prosecuting any member of the prison service. There were no "factual unknowns" which would hinder the family in bringing a civil claim for damages. "What remains to be investigated?" the judges asked.
Zahid Mubarek's uncle, Imtiaz Amin, said "The judgement is not answering any of the questions we want answers to. Why was Zahid sharing a cell with such a racist individual? How was such a premeditated murder allowed to happen?"
The Mubarek family intend to appeal to the House of Lords.

Guardian 16.4.02; 1990 Trust, 16 April 2002.