AP PHOTOGRAPHER HELD BY U.S. IN IRAQ FOR LAST 18 MONTHS WITHOUT SPEEDY AND FAIR TRIAL

Graham Bowley of The New York Times reports today that the U.S. military is planning to accuse an AP photographer, winner of a Pulitzer prize in 2005, of assisting insurgents before an Iraqi court.

Bowley writes:

"The American military is sending an Iraqi photographer for The Associated Press it accuses of aiding the insurgency into Iraq’s criminal justice system, according to American authorities and The A.P. The photographer, Bilal Hussein, was part of an 11-member team that won a Pulitzer Prize for breaking news photography in 2005. He has been detained without charge since April 2006."

Has the U.S. military ever heard of the rule of law? The Sixth Amendment to the U.S. Constitution* guarantees the right of an accused to a fair and speedy trial. Some might say that this protection of the U.S. Constitution does not apply to persons, non-citizens, accused in places outside the U.S., such as Iraq. That the Sixth Amendment's protections apply only to Americans. But even if the U.S. Constitution does not apply, doesn't everyone enjoy this right as a "human right," as a matter of fairness under the rule of law? If police or the army arrest someone, shouldn't the person be given a fair and speedy trial in conformity with basic human rights, no matter where he lives and no matter what citizenship he or she holds?

Mr. Hussein has been held without a trial and without a hearing for over 19 months. The handling by the U.S. of his case is a legal disgrace and a violation of basic human rights.

*The Sixth Amendment reads:

"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence."