Spanish Judge Issues Warrants for Three U.S. Soldiers

[Fly Navy]

Spain can go fvck themselves. If we so much as give an inch to them on this, I will be appalled. If you go to a war zone, expect to be in danger, especially if you're near a fight.

http://www.foxnews.com/story/0,2933,172713,00.html

 

[TheBubba]

It's a fvcking warzone... stuff like that will happen. Granted it'd been better if no one had died.

However, one must assume that war correspondants know that there's the possibility they could be killed when they take the assignment.

 

[Red2]

What do expect from a Socialist government that allowed themselves to be bullied by terrorists?

 

[Fly Navy]

What do expect from a Socialist government that allowed themselves to be bullied by terrorists?

Many say Spain won't exist in its current form in the next 50 years or something.

 

[Brett327]

This is exactly why the Bush admin rightly refused participation in the International Criminal Court. Just one more way the lowly serf nations can take pot shots at the HFMIC.

Brett

 

[supplywife]

That makes me want to puke...I agree with you all...thanks for posting the article!!

 

[openbah]

He issued the arrest order because of a lack of judicial cooperation? Our Secretary of State said a review of the incident found that the use of force was justified. What more does he want? Fvck him and fvck Spain for letting him do this.

 

[Whalebite]

America.......Fu&k yea!

 

[Nebula.Nebulae]

First of all, sorry for including Spanish quotes, but I just wanted to include a few things from the Spanish press...

First, it is true that there was a rewiew of the incident, but what was being asked was for an independent investigation too (common in Spain when the military is concerned). In these terms, Judge Pedraz had asked for documentation and statements from the military men involved:

"Pedraz recuerda que ha cursado dos peticiones de auxilio judicial a los Estados Unidos, una el 21 de abril de 2004 solicitando documentación y la otra el pasado 6 de junio pidiendo que se tomara declaración a los militares imputados 'o bien que se autorizara el desplazamiento de una comisión judicial española hasta territorio estadounidense para la ejecución de esas declaraciones'." From EFE.

These request did not received any answer, not even a rejection. That is why the warrant was issued as the last resource...

In any case, the public prosecutor ("fiscal") is going to asked for the revocation of the order (I am not sure of the name in English, in Spanish would be "recurrir"), since assumed that the legal terms are not satisfied:

"La Fiscalía de la Audiencia Nacional recurrirá mañana el auto alegando falta de jurisdicción, falta de competencia y falta de "título extradicional".
Fuentes del ministerio público consultadas por EFE explicaron que el juez carece de competencia para investigar la muerte de un ciudadano español "producida en el ámbito de un conflicto bélico" y añadieron que no existe ningún delito de persecución internacional sobre el que sustentar la orden de detención." From EFE.

That is, the order is most probably null from the international agreements. Not only the soldiers cannot be extradited if in the US, but even if they travel to other countries in a militar contingence. The question was open about if they could be arrested in other countries if traveling as civilians... But again, according to the agreements, it should not happen...

Note: I do not agree with the terms of the resolution from Judge Pedraz, but I always support an independent investigation in these situations. And if the situation involved nationals from other countries, collaboration with them should always be provided, or at least, not ignored...

 

[Lawman]

This is exactly why the Bush admin rightly refused participation in the International Criminal Court. Just one more way the lowly serf nations can take pot shots at the HFMIC.

Brett

Hand over your national soverignty and be governed and judged by a community abroad that would like nothing better then to see you suffer. Yeah sounds like a great idea doesnt it Brett.

*Gameshow host voice*
"Ok Now its time to spin the wheel of Justice and find out which countries Judicial Model we will be using in your trial.........."Iran!...."

 

[TurnandBurn55]

The term 'judge' is a mistranslation. In the Spanish judicial system, he's more closely equivalent to a DA. In any case, it doesn't really matter because the National Court is unlikely to uphold it...

Just one a$$hole in a country with a fair number of socialist cooks running around. Let's not forget Aznar and the PP were about as pro-American as any of our allies in the Iraq buildup. If Zapatero and the PSOE get kicked out in the next election (something which looks increasingly likely as their economy goes into stall mode), this sort of thing will be an aberration rather than the norm...