By Vivek Thiagarajan
Impunity Watch Senior Desk Officer, Middle East

UNITED STATES- The U.S. military has recommended charges against an Iraqi photographer employed the Associated Press for being linked to insurgents.  Bilal Hussein was part of the AP photo group that won a Pulitzer prize in 2005.

Bilal Hussein has been held by the US military without charges for the last 19 months.  The military has refused to inform Hussein of his alleged conduct or present its for holding Hussein.

Pentagon press secretary Geoff Morrell cited that “new evidence has come to light” regarding Hussein, which caused the government to formally bring charges now.  (AP)  However, the government has remained silent regarding the exact charge crimes.   Instead, Morrell stated that the military has “convincing and irrefutable evidence that Bilal Hussein is a threat to stability and security in Iraq as a link to insurgent activity” and asserted that Hussein was “a terrorist operative who infiltrated the AP.”  (AP)

However, the AP has rejected the Government’s assertions of convincing and irrefutable evidence.  The Associate General Counsel for the AP responded, “That’s what the military has been saying for 19 months, but whenever we ask to see what’s so convincing we get back something that isn’t convincing at all.”  (AP)

AP President and CEO Tom Curly asserted that Hussein should be immediately released, because Hussein has been denied due process of law.  “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.”  (Reuters)

Hussein’s defense lawyer has also raised the difficulty of creating a viable defense.  The classified evidence against Hussein is inaccessible for the defense lawyer until the trial, which handicaps the defense lawyer.  However, even if Hussein wins the case and is released it does not bar the defense military from further detaining Hussein as a security risk.

For more information, please see:

AP- US Plans Case Against AP photographer- 20 November 2007

Reuters- US seeks charges against AP photographer in Iraq- 19 November 2007

CNN- News photographer in Iraq accused of insurgent ties- 19 November 2007

BBC News- Iraq reporter faces terror charge- 20 November 2007