U.S. military taking AP photographer to court

updated 7:06 p.m. ET Nov. 19, 2007

NEW YORK - The U.S. military plans to seek a criminal case in an Iraqi court against an award-winning Associated Press photographer but is refusing to disclose what evidence or accusations would be presented.

An AP attorney on Monday strongly protested the decision, calling the U.S. military plans a "sham of due process." The journalist, Bilal Hussein, has already been imprisoned without charges for more than 19 months.

A public affairs officer notified the AP on Sunday that the military intends to submit a written complaint against Hussein that would bring the case into the Iraqi justice system as early as Nov. 29. Under Iraqi codes, an investigative magistrate will decide whether there are grounds to try Hussein, 36, who was seized in the western Iraqi city of Ramadi on April 12, 2006.

Dave Tomlin, associate general counsel for the AP, said the defense for Hussein is being forced to work "totally in the dark."

The military has not yet defined the specific charges against Hussein. Previously, the military has pointed to a range of suspicions that attempt to link him to insurgent activity.

The AP rejects all the allegations and contends it has been blocked by the military from mounting a wide-ranging defense for Hussein, who was part of the AP's Pulitzer Prize-winning photo team in 2005.

Soon after Hussein was taken into custody, the AP appealed to the U.S. military to either release him or bring the case to trial — saying there was no evidence to support his detention. However, Tomlin said that the military is now attempting to build a case based on "stale" evidence and testimony that has been discredited. He also noted that the U.S. military investigators who initially handled the case have left the country.

The AP says various accusations have been floated unofficially against Hussein and then apparently been withdrawn with little explanation.

Tomlin said the AP has faced chronic difficulties in meeting Hussein at the Camp Cropper detention facility in Baghdad and its own intensive investigations of the case — conducted by a former federal prosecutor, Paul Gardephe — have found no support for allegations that he was anything other than a working journalist in a war zone.

'Grave concerns' about his rights
"While we are hopeful that there could be some resolution to Bilal Hussein's long detention, we have grave concerns that his rights under the law continue to be ignored and even abused," said AP President and CEO Tom Curley.

"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. At this point, we believe the correct recourse is the immediate release of Bilal."

Bilal Hussein / AP file This is one of Hussein's photographs. In it, suspected insurgents hold weapons in the streets of Ramadi, Iraq, in October 2005 following reported clashes between gunmen and Iraqi security forces in the early morning hours.

Calls for his freedom have been backed by groups such as the Committee to Protect Journalists.

Tomlin said it remains unclear what accusations, evidence and possible witnesses will be presented by military prosecutors in Baghdad.

"They are telling us nothing ... We are operating totally in the dark," said Tomlin, who added that the military's unfair handling of the case is "playing with a man's future and maybe his life."

Although it's unclear what specific allegations may be presented against Hussein, convictions linked to aiding militants in Iraq could bring the death penalty, said Tomlin.

U.S. military officials in Iraq did not immediately respond to AP questions about what precise accusations are planned against Hussein.

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