Supeme Court orders José Couso case be reopened

Supeme Court orders José Couso case be reopened
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By h.b. - Jul 26, 2010 - 5:57 PM
The Telecinco cameramen died in Bahgdad in April 2003

José Couso - EFE archive

The Spanish Supreme Court has ruled that the barrage of friendly fire, from a United States tank which killed the Spanish Telecinco Cameraman, José Couso, and the Russian reporter, Taras Protsyuk, when in the Palestine Hotel in Baghdad, is chargeable criminally.

The judge has supported the appeal placed by the Couso family against the decision of the National Court to archive the case, and has ordered it be re-opened.

The Spanish court considered the war strategy named ‘shock and awe’ consisted of acts such as bombing people and protected assets which caused the cameraman’s death and that the person who directed the war operations can be charged with a crime. The court considered that Couso was protected by his state as a journalist.

‘The penal responsibility is purely personal, but cannot arise from mere political or logistical support for combat operations’ according to the court.

José Couso died on April 8 2003 when the US tank opened fire on the hotel, despite it being known to house the press corp. The United States claimed that there were snipers inside the building.

The resolution from the magistrate, Francisco Monterde, is the second time that the Supreme Court has ordered Couso’s death to be investigated, and said that the facts constitute a crime and break the norms of International Human Rights.

The National Court ruled in March 2006 that the case should be closed saying it was ‘an act of war, against an incorrectly identified enemy’, and also claimed a lack of jurisdiction on the case against the three US soldiers in the tank concerned, Sergeant Thomas Gibson, Captain Philip Wolford and Lieutenant Colonel Philip de Camp.

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