• Thanks for stopping by. Logging in to a registered account will remove all generic ads. Please reach out with any questions or concerns.

US army officer convicted for former Iraqi general's death

big bad john

Banned
Banned
Inactive
Reaction score
0
Points
360
http://news.xinhuanet.com/english/2006-01/22/content_4086322.htm


US army officer convicted for former Iraqi general's death

www.chinaview.cn 2006-01-22 00:17:41

    WASHINGTON, Jan. 22 (Xinhuanet) -- A low-ranking U.S. army officer was found guilty of negligent homicide, but not guilty on the more serious charge of murder of an Iraqi general during an interrogation in 2003, local media reported on Sunday.After 6-1/2 hours of deliberation until late Saturday night, a military jury of six U.S. army officers convicted Chief Warrant Officer Lewis Welshofer Jr. in charges resulting from the suffocation death of former Iraqi Maj. Gen. Abed Hamed Mowhoush.Welshofer is the highest-ranking U.S. army officer charged with killing a detainee in Iraq.

    According to court papers, Mowhoush, a formal aide to former Iraqi leader Saddam Hussein, was placed head-first in a sleeping bag as Welshofer covered his mouth and sat on his chest during a fatal interrogation in November 2003.

    Prosecutors accused Welshofer of using harsh techniques to try to get information of Saddam from Mowhoush, describing them as "torture."

    However, the military jury only convicted Welshofer of negligent homicide, a minor charge that carries a maximum penalty of three years in prison.

    The jury also found Welshofer guilty of negligent dereliction of duty, a conviction that could bring another three months in prison. He also faces dishonorable discharge.

    U.S. human rights groups said the trial was shocking, not only because of what Welshofer did, but also what the U.S. military authorized to treat the detainees.

    The U.S. military has so far conducted some 400 investigations into the cases of prisoner abuses, but most of the U.S. military personnel found guilty or punished in those cases were soldiers.Welshofer is the highest-ranking U.S. army officer charged with killing a detainee in Iraq so far. Enditem


http://edition.cnn.com/2006/LAW/01/22/suffocation.case.ap/index.html



Army officer guilty in Iraqi general's death
Convicted of negligent homicide at detention camp

Sunday, January 22, 2006 Posted: 1350 GMT (2150 HKT)


Chief Warrant Officer Lewis Welshofer Jr. showed no reaction when verdict was read.RELATED
• Group: U.S. tortures on purpose
YOUR E-MAIL ALERTS

Central Intelligence Agency (CIA)
Iraq
or Create Your Own
Manage Alerts | What Is This? FORT CARSON, Colorado (AP) -- An Army officer was found guilty of negligent homicide late Saturday in the death of an Iraqi general at a detention camp, but was spared a conviction of murder that could have sent him to prison for life.

A panel of six Army officers also convicted Chief Warrant Officer Lewis Welshofer Jr., 43, of negligent dereliction of duty. He was acquitted of assault after six hours of deliberations.

Welshofer was accused of putting a sleeping bag over the head of Iraqi Maj. Gen. Abed Hamed Mowhoush, sitting on his chest and using his hand to cover the general's mouth while asking him questions in 2003.

Welshofer, who stood silently and showed no reaction when the verdict was announced, faces a dishonorable discharge and up to three years in prison for negligent homicide and three months for negligent dereliction of duty. Sentencing was scheduled for Monday.

If convicted of the original murder charge, he could have been sentenced to life in prison.

The defense had argued a heart condition caused Mowhoush's death, and that Welshofer's commanders had approved the interrogation technique.

"What he was doing he was doing in the open, and he was doing it because he believed the information in fact would save lives," attorney Frank Spinner said.

Spinner said he was disappointed with the verdict and would decide after sentencing whether to appeal.

"The verdict recognizes the context in which these events took place," he said. "It was a very difficult time in Iraq. There was confusion, and they were not getting clear guidance from headquarters."

Welshofer and prosecutors left without commenting.

During the trial, prosecutor Maj. Tiernan Dolan described a rogue interrogator who became frustrated with Mowhoush's refusal to answer questions and escalated his techniques from simple interviews to beatings to simulating drowning, and finally, to death.

"He treated that general worse than you would treat a dog and he did so knowing he was required to treat the general humanely," Dolan said.

Welshofer used his sleeping bag technique in the presence of lower ranking soldiers, but never in the presence of officers with the authority to stop him, Dolan said.

The treatment of the Iraqi general "could fairly be described as torture," Dolan said.

In an e-mail to a commander, Dolan said, Welshofer wrote that restrictions on interrogation techniques were impeding the Army's ability to gather intelligence. Welshofer wrote that authorized techniques came from Cold War-era doctrine that did not apply in Iraq, Dolan said.

"Our enemy understands force, not psychological mind games," Dolan quoted from Welshofer's message. Dolan said an officer responded by telling Welshofer to "take a deep breath and remember who we are."

The defense urged jurors to consider conditions in Iraq at the time of the interrogation: Soldiers were being killed in an increasingly lethal and increasingly bold insurgency. Welshofer had to make some decisions on his own because guidance was lacking and other techniques weren't working, Spinner said.

Officials believed Mowhoush had information that would "break the back of the whole insurgency," said defense attorney Capt. Ryan Rosauer. They also thought Mowhoush helping to bring foreign fighters into Iraq from across the Syrian border, he said.

Several prosecution witnesses, including one whose identity is classified and who testified in a closed session, had been granted immunity in exchange for their cooperation, Spinner noted. Two soldiers who were initially charged with murder in the case also were given immunity.

Copyright 2006 The Associated Press. All rights reserved.This material may not be published, broadcast, rewritten, or redistributed.


 
I want to say that was a slip of proffesionalism but I can't say for sure. What interests me is how when the western world sees an atrocity commited by the terrorists on tape they talk about "It was horrible etc etc" But when they see or hear of something a western soldier has commited proverbial crap smites the fan. But my bets are a lapse in coherrent thinking, that or the Maj. Gen. was good at keeping his mouth shut.
 
Funny. Why didn't he just say he personally found the Armys reg's too "quaint" ? and henceforth decided to pursue using his own
unique discretion which sounds like he did anyway. I gather the impromptu techniques were not from the book, thus perhaps he must not have realized a worse case scenario ensuing from his actionsi.e. prisoner dying, charges laid, etc .

Im curious about one or two things..of 200 investigations, how does that stack up against past US military incursions
in the last century
and of the 200.... how many resulted in charges laid? How many Not Guilty verdicts reached?

--

edit: woohoo-- first post :army:




 
http://www.washingtonpost.com/wp-dyn/content/article/2006/01/23/AR2006012301967.html


Army Interrogator Reprimanded in Iraqi's Death

By Josh White
Washington Post Staff Writer
Tuesday, January 24, 2006; Page A02

A military jury in Colorado issued a reprimand last night to an Army interrogator who was convicted of negligent homicide for using an aggressive technique on an Iraqi general who died during questioning. Jurors decided not to impose any prison sentence for what originally was charged as a murder.

The lenient sentence for Chief Warrant Officer Lewis E. Welshofer Jr., 43, implies that jurors thought the interrogator should not face serious punishment in connection with the death of Maj. Gen. Abed Hamed Mowhoush, a high-ranking Saddam Hussein loyalist who was believed to have engineered insurgent attacks in northern Iraq along the Syrian border. After Mowhoush's capture in November 2003, Welshofer shoved him into a sleeping bag, wrapped him in a cord and straddled him in a last-ditch effort to get



Lewis Welshofer was fined $6,000 but not sentenced to prison time. (Jerilee Bennett - AP)

News From Iraq
Saddam Hussein Trial Delayed Until Sunday
Army Interrogator Reprimanded in Iraqi's Death
Iraqi Shiite Cleric Pledges to Defend Iran
New Judge Tapped for Hussein Trial
Professionals Fleeing Iraq As Violence, Threats Persist
More News

U.S. Fatalities

Portraits of U.S. service members who have died since 2001.

• War in Iraq | Map: 2,000 Deaths
• Operation Enduring Freedom

Iraq in Transition
Photos, graphics, live discussions and the latest headlines on Iraq's parliamentary elections and new constitutional government.

Full Report: Iraq Elections 


Who's Blogging?
Read what bloggers are saying about this article.
A Lie a Day
Delusional Duck
People Search In


Full List of Blogs (3 links) »


Most Blogged About Articles
On washingtonpost.com | On the web

him to talk. The general stopped breathing during the session.

Welshofer's attorney argued during a week-long court-martial that the interrogator was operating with confusing guidance from officials in Baghdad -- who desperately wanted to gather intelligence about the insurgency -- and that he had sought approval for the "claustrophobic" technique from superiors, who knew he was using it.

Originally, Welshofer and three other soldiers were charged with murder in Mowhoush's death, and Welshofer faced the possibility of life in prison. Murder charges were dropped against the other soldiers, and Welshofer was convicted of the lesser offense of negligent homicide, which could have carried a three-year sentence, and negligent dereliction of duty. Jurors opted for no prison time and imposed a $6,000 fine and restricted him to work, his place of worship and barracks for 60 days, the Associated Press reported.

The decision provides a stark contrast to punishments meted out to some of the military police soldiers who worked at the Abu Ghraib prison and were convicted of abusing detainees, none of whom died in custody. For example, former corporal Charles A. Graner Jr. was sentenced to 10 years in prison for abuse; former staff sergeant Ivan L. "Chip" Frederick II was sentenced to 8 1/2 years; and former private first class Lynndie R. England, who posed with naked detainees in notorious photographs, received three years.

Welshofer was convicted Saturday after a trial that highlighted the abusive treatment of Mowhoush, who was considered a significant catch for U.S. troops. Welshofer testified he used the sleeping-bag technique after officials in Baghdad told interrogators that the U.S. military was going to get tough on detainees. The soldier's supervising officer in Iraq approved the use of the sleeping bag, according to court testimony.

In the days before his death, Mowhoush was severely beaten by a group of Iraqi paramilitaries who were working with the CIA at the military base near Qaim, nicknamed "Blacksmith Hotel."

Welshofer asked jurors not to separate him from his family by sending him to prison. "I deeply apologize if my actions tarnished the soldiers serving in Iraq," the AP quoted Welshofer as saying at yesterday's hearing.

Researcher Julie Tate contributed to this report.


 
http://news.bbc.co.uk/2/hi/south_asia/4657978.stm


Court-martial convicts US soldier 

Rights groups have made a number of abuse allegations
A US court-martial in Afghanistan has found an American soldier guilty of mistreating two prisoners at a military base in Uruzgan province.
James R Hayes was found guilty of one count of conspiracy to maltreat and two counts of maltreatment, a statement from the US military in Kabul said.

His punishment includes four months in prison in Kuwait.

Another soldier faces a court-martial over the same incident which took place last July.

His trial is due to start on Monday.

QUICK GUIDE


Afghanistan


The US military says the detainees did not require medical attention.

Human rights groups have often accused US forces of abusing Afghans held at US detention centres in the country.

No pay

Specialist Hayes was accused of punching detainees in the chest, arms and shoulders.

The US military said his punishment would comprise:


reduction in rank to private

total forfeiture of all pay and allowances for four months

confinement for four months.
"The command takes this matter very seriously," Marine Lt Col Bob Fifer said in a statement issued to journalists on Saturday.

'Discredit'

A third soldier is also facing "non-judicial punishment for allegedly having knowledge of the abuse and not reporting it through the unit's chain of command", the army said on Friday.

The charges against the soldiers came in October close on the heels of accusations that US forces burned the bodies of Taleban fighters, an act considered sacrilege in Islam.

At least eight prisoners have died in US custody since 2001.

In September, a US military interrogator was sentenced to five months in prison for assaulting a detainee in Afghanistan who later died.

Five other US soldiers have been convicted following the deaths of two prisoners at the military base at Bagram, outside Kabul, in 2002.


 
Back
Top