Britain cited in soldier's Iraq death

LONDON, May 18 (UPI) -- British judges have rejected an attempt to throw out a ruling that holds the government responsible for inadequate safeguards in soldier deaths, observers said.

On Monday, three judges considering the case of Pvt. Jason Smith, who died in Iraq while serving with the British Army, dismissed an attempt by the Ministry of Defense to reverse a lower court ruling that found the government liable for Smith's 2003 death from heatstroke, citing human rights laws, The Times of London reported.

The lower court had found the Defense Ministry failed to take proper action to safeguard Smith's life by not removing him from action although he had shown signs of not being able to adjust to Iraq's heat, thus making it liable under Article 2 of the European Convention on Human Rights, which safeguards the right to life, The Times said.

The British government fought the ruling, fearing it will open the way for lawsuits in cases where faulty or inadequate equipment is found to have contributed to a solider's death, the newspaper reported.