AP: Iraqi Panel Launches Own Rape-Slay Probe

[Eugene]

Iraqi Panel Launches Own Rape-Slay Probe


Tuesday August 22, 2006 10:46 AM

By HAIDER FATHI

Associated Press Writer

MAHMOUDIYA, Iraq (AP) - An Iraqi investigative panel has launched
an independent probe into the rape and murder of a 14-year-old girl
allegedly by American soldiers currently in U.S. custody, who will
be tried in absentia if necessary, an official said Tuesday.

The investigation started Thursday and was expected to take one week,
said chief prosecutor Adnan Mahmoud of the criminal court in Mahmoudiya,
where the March 12 assault took place.

-snip-

"We will do our best to try and get those soldiers to stand trail in an
Iraqi court. If not we will try them in absentia," said Mahmoud, who is
joined on the panel by Mahmoudiya's mayor, police chief and the
hospital's head doctor.

The Iraqi investigation was promised by Prime Minister Nouri al-Maliki,
who said he wanted the soldiers to be handed over to Iraq for a trial here.
The U.S. is not expected to do that.

-snip-

Full article: http://www.guardian.co.uk/worldlatest/story/0,,-6030314,00.html

[rodeodance]

1. they are saying the immunity does not appy in this case

.....U.S. officials have offered assurances that the case will be pursued in U.S. courts vigorously and that the soldiers will be punished if convicted. Still, the case has increased demands for changes in an agreement that exempts U.S. soldiers from prosecution in Iraqi courts.

Mahmoud said the immunity does not apply in this case.

``The accused U.S. soldiers were not involved in military action when they committed the crime, so they should not enjoy immunity given to U.S. soldiers,'' he said.

``We are trying to keep this case under the spotlight as long as possible so that it is not forgotten and the criminals are able to get away,'' he said.

Once the investigation is over, the panel will present a report to the Iraqi Cabinet, which will decide the next course of action, he said. The panel is interviewing witnesses and has inspected the house where the deaths occurred.

The soldiers accused of rape and murder - Spc. James P. Barker, Sgt. Paul E. Cortez, Pfc. Jesse V. Spielman and Pfc. Bryan L. Howard - could face the death penalty if they are convicted by a court-martial. Another soldier, Sgt. Anthony W. Yribe, is accused of failing to report the attack but is not alleged to have been a direct participant.