US Plans Case Against AP Photographer
By BRIAN MURPHY
NEW YORK (AP) - The U.S. military plans to seek a criminal case in an Iraqi court against a Pulitzer Prize-winning Associated Press photographer from Fallujah but is refusing to disclose what evidence or accusations would be presented.
An Associated Press attorney on Monday strongly protested the decision, calling the U.S. military plans a "sham of due process." The journalist, Bilal Hussein, has already been imprisoned without charges for more than 19 months.
A public affairs officer notified the AP on Sunday that the military intends to submit a written complaint against Hussein that would bring the case into the Iraqi justice system as early as Nov. 29. Under Iraqi codes, an investigative magistrate will decide whether there are grounds to try Hussein, 36, who was seized in the western Iraqi city of Ramadi on April 12, 2006.
A public affairs officer notified the AP on Sunday that the military intends to submit a written complaint against Hussein that would bring the case into the Iraqi justice system as early as Nov. 29. Under Iraqi codes, an investigative magistrate will decide whether there are grounds to try Hussein, 36, who was seized in the western Iraqi city of Ramadi on April 12, 2006.
Dave Tomlin, associate general counsel for the AP, said the defense for Hussein is being forced to work “totally in the dark.”
The military has not yet defined the specific charges against Hussein. Previously, the military has pointed to a range of suspicions that attempt to link him to insurgent activity.
The AP rejects all the allegations and contends it has been blocked by the military from mounting a wide-ranging defense for Hussein, who was part of the AP’s Pulitzer Prize-winning photo team in 2005.
Soon after Hussein was taken into custody, the AP appealed to the U.S. military to either release him or bring the case to trial — saying there was no evidence to support his detention. However, Tomlin said that the military is now attempting to build a case based on “stale” evidence and testimony that has been discredited. He also noted that the U.S. military investigators who initially handled the case have left the country.
“While we are hopeful that there could be some resolution to Bilal Hussein’s long detention, we have grave concerns that his rights under the law continue to be ignored and even abused,” said AP President and CEO Tom Curley.
“The steps the U.S. military is now taking continue to deny Bilal his right to due process and, in turn, may deny him a chance at a fair trial. The treatment of Bilal represents a miscarriage of the very justice and rule of law that the United States is claiming to help Iraq achieve. At this point, we believe the correct recourse is the immediate release of Bilal.”
Reporting from the point of view of the insurgents- is this tantamount to abetting the enemy? The military appears to think so. Watch this space.
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