In 1972, a Belfast man was tortured into confessing to the murder of a British soldier. His family has been awarded £350,000 in damages as a result.
The High Court ruled that Liam Holden was subjected to waterboarding techniques while in military custody and that his treatment led to a confession.
A decade ago, his conviction for the assassination of Private Frank Bell was overturned.
Mr. Holden, the last person in the United Kingdom to be executed by hanging, passed away in September at the age of 68.
His death sentence was commuted, and he was released from prison 17 years into a 40-year sentence; the remainder of his time was served on license.
Before falsely confessing to shooting Private Bell, he insisted he was hooded, waterboarded, and had a gun pointed at his head.
In 2012, Mr. Holden’s murder conviction was ultimately overturned, and he was awarded £1 million for losses incurred due to a miscarriage of justice.
Soldiers acted with malice.
In the Ministry of Defence damages case, the judge ruled Friday that Mr. Holden truly thought he would be murdered. (MoD).
The Ministry of Defense was held liable for his malicious prosecution and misfeasance in public office. As paratroopers had wrongfully and fraudulently induced him to make the admission.
The judge stated, “The plaintiff was subjected to waterboarding; he was hooded; Also he was driven in a car flanked by soldiers to a location where he believed he would be murdered.”
“A pistol was placed to his head, and he was threatened with execution.
“In the circumstances alleged, the plaintiff’s hooding constitutes inhuman and degrading treatment in violation of Article 3 of the [European Convention on Human Rights],” he stated.
The judge stated that although the soldiers had an “honest belief” that they were acting lawfully. They knew their actions would cause harm to Mr. Holden and “acted in bad faith”
The judge stated that their actions had significant psychological effects on Mr. Holden.
The Holden family and their counsel said this was the first court ruling on waterboarding during The Troubles.
Following the verdict, the family expressed both regret and relief.
“What he endured should never have occurred… it is now abundantly clear that he was innocent.”
‘Like I was suffocating’
Mr. Holden described his treatment by soldiers following his detention during a previous court proceeding.
He reported being pinned to the floor and having a towel positioned over his face.
“They began slowly pouring a bucket of water through the towel,” he explained.
“My first feeling was cold, followed by struggling to breathe and sucking water through my mouth and nostrils.
It was as though you were suffocating.
He stated that up to four interrogation and waterboarding sessions were conducted.
Mr. Holden was then hooded, hauled from his seat, and transported to a loyalist neighborhood in Belfast.
“While driving, one of the soldiers tapped my knee with a gun and said, ‘This is for you,'” he testified.
“They dragged me out of the car and into a field, put a gun to my head, and threatened to shoot me if I didn’t confess to shooting the soldier.”
Mr. Holden was asked by his attorney how he had responded to the alleged threat. He replied, “I simply stated, ‘I shot the officer.’
“[I] told a lie about where I shot him, where I obtained the weapon, where I dumped the weapon, and how I escaped.”
Mr. Holden recounted terrifying visions to a 2016 forensic psychiatrist.
His son Samuel said his criminal record prevented him from working, leaving the nation, and “living a normal life.”
