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Iraqi POW Left to be Killed by His Own

The LA Times has more on the death of the Iraqui POW that has resulted in two marines being charged with negligent homicide. The U.S. says the marines didn't actually kill the Iraqui POW themselves. But, if true, what they did do is inexcusable:

The prisoner reportedly was left alone with other prisoners after being interrogated by U.S. military and intelligence-agency personnel and was later found dead. Officials say Paulus and Hernandez should have known that the prisoner might be killed by his own countrymen unless he was given special protection.

They will be tried under the Uniform Code of Military Justice. The maximum punishment for negligent homicide is three years and a dishonorable discharge. "It is the least severe charge that can be levied against someone accused of causing the death of another."

Here's our detailed post from yesterday describing the charges and incident.

Of the six other marines charged with beating and mistreating prisoners, one of them, Lance Cpl. William S. Roy, has an excellent defense attorney, Donald Rehkoph, who has done a yeoman's job as co-chair of the Military Law Committee of the National Association of Criminal Defense Lawyers (NACDL) in battling the proposed rules for military tribunals. Rehkoph blames the military for not providing adequate training to reservists on how to handle prisoners:

"In the rush to war with Iraq, providing the mandatory training to reservists seems to have had little if any priority with the Pentagon," Rehkopf said. Roy, 34, is a sheriff's deputy in central New York.

We would think a sheriff's deputy knows better than to kick and punch prisoners, but we'll wait until more becomes known before passing judgment.

Back to the original incident: The U.S. is holding 2,000 prisoners at the Whitehorse detention facility near Nasiriyah.

When the Iraqi prisoner was found dead at the camp near Nasiriyah, the U.S. Central Command took the unusual step of announcing that a criminal investigation had been launched by the Naval Criminal Investigation Service.

"The Iraqis are looking at us very closely and are very quick to criticize," said retired Marine Col. Fred Peck. "It's important for us to treat the people in our custody humanely and with respect. The Marine Corps is very strict about these things and won't tolerate any kind of mistreatment."

The prisoner had been captured May 3 and sent to Nasiriyah on June 3. Two days later, he complained of being sick and was suffering from diarrhea; he was found dead the next day in a common area open to all prisoners. No cause of death has been announced. Officials have declined to say whether the man was a soldier or a government official, although they said he was not among the top 50 officials being sought.

So, are these reservists being used as scapegoats so the U.S. can assert to the Iraqis that we're monitoring abuses seriously? Or did these reservists step over the line, and if so, how far over the line and where was the line drawn? We'd like to see the regulations in place for treatment of the Iraqi prisoners at Whitehorse and other detention facilities. And, we'd like to hear more from Rehkoph, when he is able to provide more information.

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