When the Iraqi officials suddenly announced that journalist, Muntader al-Zeidi, would not be allowed to appear in open court and could not see his family for eight days, there was widespread speculation that he had been beaten. Now an investigating judge has found that he has signs of a severe beating with bruises on his face and around his eyes.
Al-Zaidi has asked President al-Maliki for a pardon saying “It is too late to reverse the big and ugly act that I perpetrated.” In the meantime, he has become an international celebrity after his footwear protest.
What is most alarming is that, if Iraqi police beat a person in such a high-profile case, one can imagine the lack of deterrence that they feel in normal cases.
For the most recent story, click here.
Patty C,
Thanks for the link.
“it may send him for trial under a clause in the Iraqi penal code that makes it an offence to try to murder Iraqi or foreign presidents.”
“The sentence for such a crime could be up to 15 years jail, Birqadr said.”
_____________________________________________________________________
As a nonprofessional at law, I would say that 15 years is very unjust.
Sally, December 17, 2008 at 10:00 am
“Of course they were expressing their opinions and I don’t see a DAMN thing wrong with it. The man deserved the ass kicking”
–
Patty C, December 17, 2008 at 5:29 pm
“Sally was only expressing my own view and likely others, as well.
You are correct FFLEO. The two are separate incidents.
As you point out, this is not being heard in a US court, but under Iraqi law, nor being viewed as a simple assault, but ‘aggression against a president’ to which the defendant pleaded guilty.
http://in.reuters.com/article/worldNews/idINIndia-37062720081216
… ‘ “Al-Zaidi was brought today before the investigating judge in the presence of a defence lawyer and a prosecutor,” said Abdul Satar Birqadr, spokesman for Iraq’s High Judicial Council. “He admits the action he carried out.”
The court decided to keep Zaidi in custody and, after the judge has completed his investigation, it may send him for trial under a clause in the Iraqi penal code that makes it an offence to try to murder Iraqi or foreign presidents.
The sentence for such a crime could be up to 15 years jail, Birqadr said.
Zaidi’s brother said on Tuesday that the reporter was hit on the head with a rifle butt and had an arm broken in the chaos that broke out after he threw his shoes at Bush and was leapt on by Iraqi security officers and U.S. secret service agents. …’
Here’s the thing, and I can’t believe I’m saying this, but Bush seems to be a bigger man here than most of the people calling for this poor Journalists “punishment”.
Bush brushed it off as a non starter.
I wonder why so many others cannot.
How upset are you that this guy was beaten in custody? How much more should the guy suffer do you feel for this act? Should the Iraqi’s mirror US practices of a slap on the wrist for such essentially non violent protest. (it’s not violent if harm wasn’t intended nor delivered).
Do you think we went to war and 4000 Americans (and counting) died so Iraq could set up a government that brutally punishes the least inklings of political dissent with harsh prison sentences that far exceed the nature of the offense?
Is that the “freedom” you feel we spent so many American’s arms, legs and lives on fighting to deliver to them?
Here’s a story that’s probably worth following:
Police Get The Wrong House In Galveston, Allegedly Assault 12-Year-Old Girl
Dispatched to arrest two WHITE prostitutes, the police arrest a 12-year old BLACK girl two blocks away from where they’re supposed to be and rough her up badly enough that she needs to be hospitalized. Three weeks later the police appear at the girl’s school, WHERE SHE’S AN HONORS STUDENT and arrest her for assaulting them.
The girl and her father, who was also charged with assaulting the officers, are suing. Despite the fact that a prima facie case exists against the cops for assault, no charges have been filed.
The way things are in Police State America, who would bet on the cops ever facing any consequences over this travesty? I wouldn’t.
I understand that this is Iraqi law. But you asked “someone with a legal background” to explain it to us *all*. You didn’t ask for an Iraqi attorney to explain it however so I assume you expected a response from an attorney doctored in US law.
As for Iraqi law, Iraq is an occupied country so Iraqi law’s pretty much what we tell them it is right now, for better or for worse. We set up the government there, not them. Oh sure they voted. They voted for the leaders we said they could vote for. So Iraqi “law” is clearly subservient to US law and in the US the guy would get no more than a slap on the wrist.
But never mind all that. I’m more interested in what “you” think he should get for this heinous act of tossing a smelly shoe in the direction of mr Bush.
We must remember that the case is under the Iraqi judiciary’s jurisdiction and all bets are off regarding his fate under U.S. Law.
From the linked report:
“…could face from two to seven years’ imprisonment for hurling his footwear at the U.S. President and for calling Bush a dog.”
Yea, just be sure to put on your “justice is blind” masks as you explain to me how in normal courtrooms across the country a FIRST TIME offender, who is gainfully employed, not considered a threat to the community and who tossed a “shoe” as a political protest would get anymore than a slap on the wrist and a token fine.
“Only the most petty individuals would consider this a “crime” worth anything more than a “don’t do it again” from the authorities.”
____________________________________________________________________
Would someone with a legal background please explain to us *all* why the above excerpted comment should not be a basis for administering criminal law.
This is a ‘blawg’ that considers legal issues and I am here more to learn about the law than to criticize it, although I have abundant criticisms. Those among us who are actual ‘attorneys at law’ (please, no imposters need reply) can help us understand the legal intricacies of law so that we can all become better and more informed citizens.
I understand the difference. It doesn’t take a lawyer to explain that the beating was not a specified punishment from the court. It also doesn’t take a lawyer to explain the need for a judge to consider additional or unusual circumstances or for a little compassion from the court. Nor does it take a lawyer to explain that a first timer being tried on a simple assault case usually doesn’t mandate jail time.
There’s a point where reasonable people look at a situation and say “hey, the guys suffered enough”. He threw a shoe. Not a hand grenade.
Only the most petty individuals would consider this a “crime” worth anything more than a “don’t do it again” from the authorities.
Waynebro,
The beatings, *if* they occurred in jail, are a criminal act by the jailers and as such have no legal bearing on the simple assault that initially occurred. Those 2 acts must be separated.
I will let the lawyers explain the difference.
Former Federal LEO
1, December 19, 2008 at 1:45 pm
“Count me among the numbers of people worldwide who call for this man’s release, but only after a fair punishment for the simple assault of which he is guilty.”
After being beaten in his cell, what further punishment would you prescribe as being “fair” for a guy who merely tossed a shoe at Bush?
After all. The Bush administration predicted the Iraqi’s would be “tossing flowers” and granted his shoe may not be as aromatic as a flower, but at least they knew they’d be tossing something.
Just showing the sole of your shoe has great derogatory significance in Arab culture. Yet another example of how little ‘we’ knew before barging into Iraq with our magnanimous ‘gift’ of democracy…
Welcome to the ‘New and Improved’ Iraq, Mr. Bush.
http://news.bbc.co.uk/2/hi/middle_east/7783325.stm
i am just sick.
Count me among the numbers of people worldwide who call for this man’s release, but only after a fair punishment for the simple assault of which he is guilty.
Grant no pardon, just provide justice to deter others who might consider a similar act of ‘assault by shoe tossing’, even if not perpetrated against one of the most hated and reviled leaders the world has ever known, Mr. George Walker Bush, 43rd President of the United States of America.
It is amazing that this man was beaten for the severe crime of throwing his shoes. I wonder what “punishment” would have been issued if he had landed any of his shoes? Our President should be calling for this man’s release and calling for an investigation into the beatings. Of course, I don’t expect that to happen. George W. is too busy trying to sanitize his dismal record for the last 8 years. And why should he try to claim that the treatment was harsh when Bush and Co. have authorized the torture of our prisoners and over 100 detainees died while under our control, with no outcry or consequences as of yet.
Speaking of speaking out–this is horrifying. I read about his “so called apology” yesterday and it turned my stomach. An apology after being tortured? Michael Moore has some numbers to call for this man’s release and fair treatment on his website.
Sign Petition Calling for Iraqi Journalist
Muntadar al-Zaidi’s Release | Call the
White House (202 456-1111) and Iraqi
Embassy in Washington (202 742-1600)
Sally, December 17, 2008 at 10:00 am
“Of course they were expressing their opinions and I don’t see a DAMN thing wrong with it. The man deserved the ass kicking”
–
Patty C, December 17, 2008 at 5:29 pm
“Sally was only expressing my own view and likely others, as well. ”
release this man, and drop ALL charges.
and make goddamn sure, he keeps his job.