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Old 04-09-2008, 10:49 PM  
Taco John Taco John is offline
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US Military uses U.N. Security Council mandate to detain prisoner Iraq has freed

AP Photographer Granted Iraqi Amnesty
from The Associated Press

BAGHDAD April 9, 2008, 04:49 pm ET An Iraqi judicial committee has dismissed terrorism-related allegations against Associated Press photographer Bilal Hussein and ordered him released nearly two years after he was detained by the U.S. military.

Hussein, 36, remained in custody Wednesday at Camp Cropper, a U.S. detention facility near Baghdad's airport.

A decision by a four-judge panel said Hussein's case falls under a new amnesty law. It ordered Iraqi courts to "cease legal proceedings" and ruled that Hussein should be "immediately" released unless other accusations are pending.

The ruling is dated Monday but AP's lawyers were not able to thoroughly review it until Wednesday. It was unclear, however, whether Hussein would still face further obstacles to release.

U.S. military authorities have said a U.N. Security Council mandate allows them to retain custody of a detainee they believe is a security risk even if an Iraqi judicial body has ordered that prisoner freed. The U.N. mandate is due to expire at the end of this year.

Also, the amnesty committee's ruling on Hussein may not cover a separate allegation that has been raised in connection with the case.

AP President Tom Curley hailed the committee's decision and demanded that the U.S. military "finally do the right thing" and free Hussein.

In response to a question from the AP, Pentagon spokesman Bryan Whitman said it "will be up to officials in Iraq" on whether to release Hussein. The decision, he said, will be "based upon their assessment as to whether he remains a threat."

Under Iraq's 2-month-old amnesty law, a grant of amnesty effectively closes a case and does not assume guilt of the accused.

Hussein has been held by the U.S. military since being detained by Marines on April 12, 2006, in Ramadi, about 70 miles west of Baghdad. Throughout his incarceration, he has maintained he is innocent and was only doing the work of a professional news photographer in a war zone.

The amnesty committee's decision covers various allegations by the U.S. military against Hussein, including claims he was in possession of bomb-making material, conspired with insurgents to take photographs synchronized with an explosion and offered to secure a forged ID for a terrorist evading capture by the military.

The committee may still be reviewing a separate allegation that Hussein had contacts with the kidnappers of an Italian citizen, Salvatore Santoro, whose body was photographed by Hussein in December 2004 with two masked insurgents standing over Santoro with guns.

Hussein was one of three journalists who were stopped at gunpoint by insurgents and taken by them to see the propped-up body. None of the journalists witnessed his death, said Santiago Lyon, AP's director of photography. The AP wrote a story about the incident at the time.

The AP said a review of Hussein's work and contacts also found no evidence of any activities beyond the normal role of a news photographer. Hussein was a member of an AP team that won a Pulitzer Prize for photography in 2005, and his detention has drawn protests from rights groups and press freedom advocates such as the Committee to Protect Journalists.

"The Amnesty Committee took only a few days to determine what we have been saying for two years. Bilal Hussein must be freed immediately," said Curley, the AP's president.

"The U.S. military has said the Iraqi process should be allowed to work. It has, and the military must finally do the right thing by ending its detention of a journalist who did nothing more than his job. Bilal's imprisonment stands as a sad black mark on American values of justice and fairness," Curley added.

The U.S. military referred the case in December to an investigating judge, who reviewed the evidence and submitted his findings to the Central Criminal Court of Iraq to determine whether the case should go to trial.

In February, however, parliament approved a law providing amnesty to those held for insurgency-related offenses including detainees such as Hussein who have never been convicted.

The committee from the Iraqi Federal Appeals Court ruled Monday that allegations against Hussein were covered by the Anti-Terrorist Law and were subject to the amnesty law.

The order was sent to the Iraqi public prosecutor, but it was unclear if it had been received.

A lawyer for the AP was provided a copy of the order, but Wednesday was a public holiday in Iraq and government offices were closed.

The amnesty committee or any Iraqi institution cannot force the U.S. military to release or turn over any of the estimated 23,000 detainees it holds in Iraq. But a provision in the amnesty law states that the Iraqi government "is committed to take the necessary measures to move the arrested people" from U.S. control.

"The detention of Bilal Hussein has been a terrible injustice, and we are relieved that his ordeal might finally come to an end after nearly two years behind bars," said Joel Simon, executive director of the Committee to Protect Journalists.

Sylvia Smith, president of the National Press Club in Washington, called the amnesty ruling "a long-overdue decision."

"The next step is to free him," she said.

http://www.npr.org/templates/story/s...oryId=89502879
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Old 04-09-2008, 10:59 PM   #2
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Originally Posted by Taco John View Post
U.S. military authorities have said a U.N. Security Council mandate allows them to retain custody of a detainee they believe is a security risk even if an Iraqi judicial body has ordered that prisoner freed. The U.N. mandate is due to expire at the end of this year.
Get back to me at the end of this year when the mandate expires, and I'll tell you why the UN and their expiration dates don't matter in the least to me.
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Old 04-09-2008, 11:05 PM   #3
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Play with international fire, and get burnt by it. All we do is legitimize these world bodies when we go to war using their resolutions as backing, and then cite their mandates to justify what our own Constitution wont allow us to do.
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Old 04-09-2008, 11:19 PM   #4
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Play with international fire, and get burnt by it. All we do is legitimize these world bodies when we go to war using their resolutions as backing, and then cite their mandates to justify what our own Constitution wont allow us to do.
What is it that makes you mistakenly believe that our own Constitution won't allow us to detain insurgents and their sympathizers in a foreign land where we are involved in a military action?
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Old 04-09-2008, 11:36 PM   #5
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Originally Posted by patteeu View Post
What is it that makes you mistakenly believe that our own Constitution won't allow us to detain insurgents and their sympathizers in a foreign land where we are involved in a military action?
If under our Constitution what was he charged with and I believe he is entitled to a fair and speedy trial. Unless we have proof he was an enemy combatant in which case he should be charged and held under the terms of the Geneva Accords. Seems like we have failed on all fronts.
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Old 04-10-2008, 12:35 AM   #6
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If under our Constitution what was he charged with and I believe he is entitled to a fair and speedy trial. Unless we have proof he was an enemy combatant in which case he should be charged and held under the terms of the Geneva Accords. Seems like we have failed on all fronts.
He's not a common criminal picked up on the streets of Omaha. He's been detained in a combat zone for working with the enemy.
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Old 04-10-2008, 02:25 AM   #7
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Originally Posted by patteeu View Post
What is it that makes you mistakenly believe that our own Constitution won't allow us to detain insurgents and their sympathizers in a foreign land where we are involved in a military action?

Show me where in the Constitution our government is permitted to detain insurgents and their supposed sympathizers in a foriegn land without having to face due process. This man was set free by the soverign government in the land in which he was detained. What is it that makes you mistakenly believe that the Constitution gives us any jurisdiction in the legal matters of the lands that we imperialistically occupy?
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Old 04-10-2008, 02:27 AM   #8
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He's not a common criminal picked up on the streets of Omaha. He's been detained in a combat zone for working with the enemy.
Then try him. We're not ****ing Nazis.

We're Americans.

We have a Constitution.

This man is an Iraqi citizen who has been granted freedom by his government. Show me where in the Constitution we have the right to detain him indefinitely without due process. It doesn't exist. Our founders never intended our government to do such things.
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Old 04-10-2008, 02:54 AM   #9
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What am I doing? This is much simpler than asking you to find what's not there.

You are of the groundless belief that our government has the Constitutional authority to detain insurgents and their supposed sympathizers in a foriegn land without having to face due process.

So here's a simple question:
If what you say is true, then why is our government relying on UN mandates in order to make their case?

You don't have to answer the question (you won't anyway). But the simple answer is this: because our Constitution doesn't allow it, and so to subvert it, we have to reach into the mandates of the international body to get it accomplished.

Looks like you're not so principled yourself.
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Old 04-10-2008, 09:19 AM   #10
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Originally Posted by Taco John View Post
Show me where in the Constitution our government is permitted to detain insurgents and their supposed sympathizers in a foriegn land without having to face due process. This man was set free by the soverign government in the land in which he was detained. What is it that makes you mistakenly believe that the Constitution gives us any jurisdiction in the legal matters of the lands that we imperialistically occupy?
This isn't a legal matter, it's a matter of war. The constitution describes the Presidential power to command our military forces in the performance of their duties in Article II Section 2:

Quote:
The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States
You've really gone off the deep end since you accepted Ron Paul as your savior.
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Old 04-10-2008, 09:26 AM   #11
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Then try him. We're not ****ing Nazis.

We're Americans.

We have a Constitution.

This man is an Iraqi citizen who has been granted freedom by his government. Show me where in the Constitution we have the right to detain him indefinitely without due process. It doesn't exist. Our founders never intended our government to do such things.
For someone who was so sensitive about name-calling when I used terms like "traitor" and "isolationist", it sure seems hypocritical when you imply that we're acting like "nazis" and describe our administration's actions as "murderous" in the process of supporting the accusation that they are "war criminals".

Our founders not only knew very well that war meant detaining our enemies indefinitely when captured, but also killing them without due process as a matter of course. To believe otherwise demonstrates an absurd lack of understanding (willful or otherwise) of what warfare has meant since the beginning of time.
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Old 04-10-2008, 09:30 AM   #12
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Originally Posted by Taco John View Post
What am I doing? This is much simpler than asking you to find what's not there.

You are of the groundless belief that our government has the Constitutional authority to detain insurgents and their supposed sympathizers in a foriegn land without having to face due process.

So here's a simple question:
If what you say is true, then why is our government relying on UN mandates in order to make their case?

You don't have to answer the question (you won't anyway). But the simple answer is this: because our Constitution doesn't allow it, and so to subvert it, we have to reach into the mandates of the international body to get it accomplished.

Looks like you're not so principled yourself.
Nonsense. The reason they "rely" on UN mandates is simply public relations. It's called diplomacy.
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Old 04-10-2008, 09:33 AM   #13
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Originally Posted by patteeu View Post
This isn't a legal matter, it's a matter of war. The constitution describes the Presidential power to command our military forces in the performance of their duties in Article II Section 2:


You've really gone off the deep end since you accepted Ron Paul as your savior.



This thread title needs to be changed to "School is in session, Professor Patteeu dealing out lessons"
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Old 04-10-2008, 09:35 AM   #14
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All this outrage about Bilal Hussein?

How many photographer have bomb parts and AQ propaganda hiding in their house? Only the guilty ones.
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Old 04-10-2008, 09:36 AM   #15
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Originally Posted by patteeu View Post
This isn't a legal matter, it's a matter of war.
This might be the stupidest thing you've ever said in this forum. EVERYTHING is a legal matter. We operate under a Constitution. You cant just ignore it because you find it inconvenient. I take it back... Apparently you can.


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Originally Posted by patteeu View Post
For someone who was so sensitive about name-calling when I used terms like "traitor" and "isolationist", it sure seems hypocritical when you imply that we're acting like "nazis" and describe our administration's actions as "murderous" in the process of supporting the accusation that they are "war criminals".
So who are you to whine about it?



Quote:
Our founders not only knew very well that war meant detaining our enemies indefinitely when captured, but also killing them without due process as a matter of course. To believe otherwise demonstrates an absurd lack of understanding (willful or otherwise) of what warfare has meant since the beginning of time.
Our founders didn't give our government the authority to hold anyone without due process -- they certainly didn't give our government the authority to unilaterally KILL those they have detained.

You've lost your mind
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