THE HOT JOINTS » Spain

Madrid Train Bombers Aquitted In Spain

Chris Jones — Thu, 17 Jul 2008 17:46:32 +0000

This is what happens when you treat terrorism like a law enforcement matter and use civilian courts.

A Spanish court absolved four men and upheld the acquittal of a fifth on Thursday in the convoluted legal proceedings relating to the 2004 Madrid commuter train bombings that killed 191 people in the deadliest attack by Islamic militants on European soil.

The rulings followed appeals of some of 21 convictions by a lower court after a five-month trial that ended in October. Seven other people were acquitted at that time.

Most dramatically, the court on Thursday upheld the acquittal of one of the bombing’s accused masterminds, Rabei Osman, an Egyptian, who was found guilty in 2006 in Italy of belonging to a terrorist organization.

Mr. Osman was arrested in Italy in June 2004, but disputed prosecution evidence citing wiretaps in which he was purported to have said he had conceived the idea of the attacks.

After all the dust settled, 3 of the 4 masterminds of the horrific Madrid train bombings were aquitted. The only person who wasn’t aquitted was the guy who provided the explosives and he only received a 4-year sentence.

Terrorism experts said that verdict illustrated the difficulty of building a solid case against suspected Islamists when they belong to a diffuse group with local foot soldiers and no formal structure.

It’s a mistake to rely on a civilian legal system to try complex terror cases. Denial of habeas corpus rights, indefinite detention at a secret military facility, and eventually a military tribunal, is the correct way to handle these killers.

It’s inconceivable that 3 of the 4 masterminds of such a savage attack were acquitted. Those men are responsible for 191 deaths and more than 1,800 injured when they blew up four commuter trains simultaneously in Madrid, Spain on March 11, 2004.

(hat tip to Michelle)

Spanish Parliament To Grant Rights To Apes

Chris Jones — Thu, 26 Jun 2008 02:15:10 +0000

A new resolution that extends rights to apes has been submitted to the Spanish parliament and is expected to become law.

The new law will grant apes the right to life and freedom, and it will mark the first time that any national legislature has granted such rights to any non-human.

Once the new law goes in to effect, it will be illegal to keep apes for circuses, television commercials, or filming. The estimated 315 apes that are currently being kept in Spanish zoo’s will be allowed to remain there, but drastic improvements in living conditions for the animals will be required.

Any type of medical testing on apes will also be banned in Spain, although the Spanish government says it’s not aware of any such testing currently being done on apes in Spain.

As over-the-top as some of this sounds, I don’t really think it’s such a bad idea. I think this new law goes a bit far, but I certainly don’t think banning apes from performing in circuses is a bad thing.

The intelligence of apes is absolutely astounding and the way humans typically treat them is very unfortunate. I realize that for the human race to continue we have to be able to test new drugs on something. Apes are our closest living relatives, so it simply has to be done.

Outside of what must be done in the name of medical science, I think we should treat apes and other primates with more respect than we have in the past.

Spanish Judge Indicts 3 U.S. Soldiers

Chris Jones — Fri, 27 Apr 2007 21:08:38 +0000

MADRID, Spain (AP) – A judge indicted three U.S. soldiers Friday in the 2003 death of a Spanish journalist who was killed when their tank opened fire at a hotel in Baghdad. Sgt. Shawn Gibson, Capt. Philip Wolford and Lt. Col. Philip DeCamp were charged with homicide in the death of Jose Couso and “a crime against the international community.” This is defined under Spanish law as an indiscriminate or excessive attack against civilians during war.

At the time of the incident, all were from the 3rd Infantry Division, based in Fort Stewart, Ga. Judge Santiago Pedraz asked U.S. authorities to notify them of the indictment.

Couso, who worked as a cameraman for the Spanish TV network Telecinco, died on April 8, 2003, after a U.S. Army tank crew fired a shell at the Palestine Hotel, where many journalists were staying. Taras Portsyuk, a Ukrainian cameraman for Reuters, was also killed.

Following the incident, then-Secretary of State Colin Powell said the troops responded after drawing hostile fire from the hotel. He said a U.S. review of the incident found the use of force was justified.

According to the five-page indictment, DeCamp ordered the shot, and Wolford then authorized Gibson to carry it out.

“The people indicted knew and were aware that the Palestine Hotel was occupied by civilians, without there being a proved threat (sniper or otherwise) against themselves or the U.S troops, therefore, the tank shot that caused the death of Mr. Couso would constitute an attack, retaliation, or violence threat or act aimed at terrifying journalists,” the indictment said.

DeCamp, who is now an adjunct professor of mathematics at the College of William and Mary in Williamsburg, Va., did not immediately return a telephone message left at his home. The school said he retired from the Army in July 2005.

Pedraz has issued several arrest warrants against the three, but the United States has made clear it will not hand them over.

The three men still run the risk of arrest under a Spanish-issued international warrant should they travel to any country that has an extradition treaty with Spain.

Under Spanish law, a crime committed against a Spaniard abroad can be prosecuted here if it is not investigated in the country where it was allegedly committed.

In a separate case in Italy that has strained relations between Washington and Rome, former Spc. Mario Lozano, 37, of New York City went on trial in absentia earlier this month for the shooting death of an Italian intelligence agent at a checkpoint in Iraq two years ago.

The agent, Nicola Calipari, was shot March 4, 2005, on his way to the Baghdad airport shortly after securing the release of a kidnapped Italian journalist, Giuliana Sgrena. Sgrena and another agent who was driving the car were wounded.

Lozano, who was indicted in February on charges of murder and attempted murder, has defended his actions in comments to the U.S. media, saying he had no choice but to fire. He says he flashed a warning light signaling the vehicle to stop and that he shot first at the ground, and then at the car’s engine.

The judge has adjourned the proceedings until May 14 for technical reasons.

Also in Italy, prosecutors in February indicted 26 Americans, all but one believed to be CIA agents, accused of kidnapping a Muslim cleric in Milan in 2003.

Osama Hassan Mustafa Nasr, suspected of recruiting fighters for radical Islamic causes, was flown to Egypt as part of the CIA’s extraordinary rendition program, and he was held in a prison where he has said he was tortured.

The 26 Americans have left Italy, and U.S. official have said they would not be turned over for prosecution even if Rome requests it. The trial is expected to start in June.

Resistance to the war in Iraq ran high in both Spain and Italy.

Spain was the scene of major protests before and during the early months of the U.S.-led invasion, with huge demonstrations in Barcelona and Madrid.

[Breitbart]

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