The Spanish foreign and defence ministries' files on the shelling of the
Palestine Hotel contain no new information about the death of Telecinco cameraman José Couso. The lawyer acting for Reporters Without Borders and Couso's widow accuses the Spanish government of inaction and has requested the files of Spain's intelligence agency as well as US government files on the case.
A lawyer acting for Reporters Without Borders and the widow of José Couso, a Spanish cameraman killed in Baghdad in April 2003, today accused the Spanish government of "failing to take any action" to press the US authorities for a thorough investigation into the circumstances of Couso's death and who was responsible.
The lawyer, Leopoldo Torres Boursault, said this was evident from the Spanish foreign and defence ministries' files on Couso's death. At his request, these were submitted on 12 February to the judge handling the criminal case in Spain, Guillermo Ruíz Polanco, in which three US military personnel are accused of Couso's "murder" and "war crimes."
As the foreign and defence ministry files contained no new information, Torres said he had asked the judge to request the files of Spain's National Centre for Intelligence (CNI) and the files of the Greek intelligence services, since Greece was European Union president for the first half of 2003 and, as such, represented Spanish interests in Iraq in the absence of Spanish diplomatic personnel.
Torres has made a similar request for the files on the Couso case of the US State, Justice and Defence Departments, using the provisions of a November 1990 treaty between the United States and Spain for mutual assistance in criminal matters.
He has also asked these three US departments to inform the Spanish judge of any investigation or any judicial, criminal, military, administrative or disciplinary proceedings that have been initiated in connection with Couso's death, and the names of the persons who are the subject of any such investigation or proceedings.
Couso worked for the Spanish commercial TV station Telecinco. He was killed when a US tank fired a shell at the Palestine Hotel, which was housing several hundred journalists who were covering the war in Iraq. A US army enquiry concluded on 12 August that the tank's crew had followed rules and acted in self-defence.
The Spanish lawsuit was filed on 27 May by Couso's brother, David Couso. It names three soldiers with the 64th armoured regiment of the US army's third infantry division : Sgt Gibson, who fired the shot, Capt. Philip Wolford, the unit's commander, and Lt. Col. Philip de Camp, the regiment's commander, who gave the order to fire.
A judge with Spain's main criminal court ruled on 21 October that the case could be heard in Spain. Reporters Without Borders officially associated itself with the case on 13 November, together with Couso's widow, Lola Jiménez.