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Spanish court lifts indictment against US soldiers (2nd Roundup)

May 13, 2008, 14:15 GMT

Madrid - Spain's National Court on Tuesday lifted the indictment of three US soldiers for the death of Spanish cameraman Jose Couso, who was killed when a US tank fired at a Baghdad hotel where journalists were staying in April 2003 during the Iraq war. The court said there was not sufficient evidence to continue the investigation, accepting the stance of prosecutors who had argued that Couso was killed within the framework of an act of war. The Couso family, however, pledged to present new evidence, witnesses and to appeal against the ruling to the Supreme Court. A National Court judge had earlier indicted Sergeant Thomas Gibson, who fired on the hotel, Lieutenant Colonel Philip de Camp, who gave the order to fire, and Captain Philip Wolford, the commander of the unit. The soldiers, who were not extradited by the United States, faced up to 15 years for a premeditated killing and for a crime against the international community. The court said the killing was not intentional, that the soldiers may have believed they were firing on an enemy, that they did not intend to terrorize civilians, and that their act could not be regarded as excessive. One of the three judges taking the decision, however, voted against the other two, arguing that a war situation had to include norms to protect civilians. The court will now decide whether to shelve the case definitively or whether the pursue the investigation. Jose Couso's brother Javier accused Spanish judges of giving in to pressure by the US army, adding that the family would take the case to European courts if necessary. Couso, who worked for the television station Telecinco, and a Ukrainian Reuters cameraman were killed in the attack. The United States has maintained that the soldiers acted appropriately in circumstances of war.

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