Spanish judge persists with U.S. soldier charges

[Eugene]

Source: Reuters

Spanish judge persists with U.S. soldier charges
Reuters - 1 hour 5 minutes ago

MADRID (Reuters) - A judge decided on Thursday to press on
with charges against three U.S. soldiers for killing a Spanish
television cameraman during the invasion of Iraq, denying a state
appeal.

Judge Santiago Pedraz rejected arguments by the state prosecution
service that the soldiers acted in self defence in a war zone when
they shelled Baghdad's Palestine Hotel, killing Telecinco cameraman
Jose Couso, according to a ruling.

Couso and Reuters Television cameraman Taras Protysuk were killed
on April 8, 2003, when a U.S. tank opened fire on the hotel, the
headquarters for foreign media in the Iraqi capital during the U.S.-
led invasion.

-snip-

Read more: http://uk.news.yahoo.com/rtrs/20070524/tpl-uk-spain-usa-cameraman-39349ed.html

[Zywiec]

1. I guess they have a different system as ours

How can a judge bring charges if the prosecuting attorney doesn't believe them?

[Recursion]

2. In France and Spain the judge essentially does the indictment

It's the difference in an accusatorial (US & England) vs. an inquisitorial (France and Spain) model; yet another difference in the Romance and Germanic halves of Europe.

[Zywiec]

3. Thanks for clearing that up.

Then who now presents the case for the state?

[Recursion]

4. I believe the judge appoints a prosecutor

But after that appointment he takes no further action in managing the crown's case

[David__77]

5. Spain is probably the most progressive country in Europe right now.

PSOE, the ruling party, contains a strong faction of real socialists and leftists instead of the faux-leftist-real-rightists like "New Labor," the various ex-communist "socialists" in the east, or even the Italian Left Democrats.

[Igel]

6. On the other hand, being the defendant in a court

where the judge brought the charges and appointed the prosecutor ... :scared:

[David__77]

7. Point taken.

I prefer they be separated. But Spain does not appear to have greater problems with criminal justice than the US certainly.

[Barrett808]

8. k & r