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| Europe |
| Spanish court upholds ruling against three US soldiers |
| 2007-05-25 |
| A Spanish court on Thursday upheld an indictment against three U.S. soldiers in the death of a Spanish journalist in Iraq, rejecting an appeal filed by national prosecutors. Spain's National Court had filed the indictment in April, charging the three American soldiers with homicide and a crime against the international community - defined under Spanish law as an indiscriminate or excessive attack against civilians during war time. The national prosecutors' office challenged the indictment last week, arguing that the firing of a tank shell that killed TV cameraman Jose Couso in April 2003 had not been a crime, but rather an accident of war. Judge Santiago Pedraz - the same judge who issued the April 27 indictment - threw out the appeal on Thursday. In Spain it is investigative magistrates, rather than prosecutors, who file criminal charges. In Thursday's ruling, Pedraz said the three Americans had used indiscriminate and excessive force when they opened fire from their tank at Baghdad's Palestine Hotel, where many journalists including Couso were staying. Pedraz said there was no evidence of a sniper or a spotter at the hotel, and that even if there had been a spotter, the firing of a 120-millimeter caliber tank shell would have been a devastating and disproportionate response. "The collateral damage that would be produced was predictable, that is the death and injury of those staying at the hotel," Pedraz said. Pedraz has issued several arrests warrants against the three soldiers, but the United States has said it would not hand them over. The soldiers still run the risk of arrest under a Spanish-issued international warrant should they travel to any country that has an extradition accord with Spain. |
| Posted by:Seafarious |
| #13 We can play Bullshit too. Make up some charge against the judge and present the warrant to the Spanish Ambassador on TV. |
| Posted by: 3dc 2007-05-25 22:40 |
| #12 Pedraz said the three Americans had used indiscriminate and excessive force So they come to Spain for ... what? A show trial? The judge has already said they're guilty. So get on with the sentencing, dildo-breath! Quit posturing, unless you want to run for Congress. |
| Posted by: Bobby 2007-05-25 17:01 |
| #11 Pedraz has shown he has no judgement - the Spaniards should demand his removal. Barring that, hardball politics. We demand removal of Spanish embassies and ambassadors. Recall our own. Time to rethink any military/political exchanges |
| Posted by: Frank G 2007-05-25 15:13 |
| #10 Coll a bit please. Judge Pedraz is Spanish equivalent of 9th circuit. He is nuts and every one knows it. And on last resoprt he depends on the executicve to have his rulings enforced... |
| Posted by: JFM 2007-05-25 13:52 |
| #9 The US could put an end to this in 30 seconds - just say that due to Spain's "unprecedented" behavior, the US will withdraw from NATO in 30 days, and remove all US Forces from Germany, Spain, Italy, Netherlands, Belgium, and Portugal, unless unilateral reciprocal treaties replace the NATO treaty. The US has several active military installations in Spain. Withdrawing from them would be difficult, but not impossible. Relocate those bases to the Portuguese Azores Islands and Eastern Europe, where we would be welcome. Pull that $3-$4 Billion the US spends in Spain every year, and spend it somewhere with fewer stupid people. |
| Posted by: Old Patriot 2007-05-25 13:45 |
| #8 "...and raising the price for the arrogant and outrageous behavior of this despicable "judge" will only reinforce the lesson." Alas, this country doesn't seem to have much stomach for making anybody pay a price for anything anymore-- whether an idiot Spanish judge laying bogus criminal charges on our soldiers, or Mookie and his band of orcs, or the Mad Mullahs, or the lying Leftist propagandists in the media, or Democrats bent on fucking up the war, the Casper Milquetoast in the White House gives them a pass. This is what Bush 41's "kinder, gentler America" has reaped. |
| Posted by: Dave D. 2007-05-25 11:22 |
| #7 In the end this pointless since those three sodies will enver step foot on Spanish soil. They won't be going to Spain, that's true. However, there is still a danger if they were reassigned or transit any EU country. The soldiers still run the risk of arrest under a Spanish-issued international warrant should they travel to any country that has an extradition accord with Spain. I think that's any EU nation, correct? |
| Posted by: Steve 2007-05-25 11:01 |
| #6 If we had a legislature or administration, there could be some fitting response: harsh meeting with the Spanish ambassador, suspension of joint training and exchanges, cancellation of any port calls, suspension of visa waiver for Spanish nationals - and I'd tell State I want four more high-profile measures as options, so identify them. A civil suit against the agency employing the deceased photographer would be good (basis? since when did the court system in the US operate on the basis of reality or common sense?) What, you say that this would unfairly punish a country that is not hostile to us, or damage our relations even when the national govt. is trying to quash this outrage? Hmmm. No sale. Anyone with a brain in Spain knows the merits in this case, and raising the price for the arrogant and outrageous behavior of this despicable "judge" will only reinforce the lesson. But, alas, we have no congress or administration at the moment, so .... |
| Posted by: Verlaine 2007-05-25 10:51 |
| #5 On Sunday tehre will be regional elections in Spain and thsee are seen as an important test of support to Zapatero. Just a coincidence. |
| Posted by: JFM 2007-05-25 10:33 |
| #4 This is mind-boggling, a justice court arguing about a "disproportionate" response in wartime. So, to kill a sniper and or a spotter, you must use a rifle, presumably of the same caliber? And perhaps read him his right before? Fire warning shots? Incredible. And completely futile : empty gestures and moral posturing. |
| Posted by: anonymous5089 2007-05-25 07:13 |
| #3 Pandering to the anti-US crowd. In the end this pointless since those three sodies will enver step foot on Spanish soil. |
| Posted by: Charles 2007-05-25 02:09 |
| #2 FU Spaniard turncoats. These guys should have a medal for eliminating journos from the battlespace. I keep waiting for a video posting of a JDAM direct hit on an Al-Jiz transmission van with the warbler on the mike standing out front taking the shock wave before everything fades to black. |
| Posted by: Woozle Elmeter2970 2007-05-25 00:52 |
| #1 Bomb Spain. Seriously. |
| Posted by: Iblis 2007-05-25 00:16 |