Hussein is
one of an estimated 14,000 people detained by the U.S. military
worldwide - 13,000 of them in Iraq. They are held in limbo where few
are ever charged with a specific crime or given a chance before any
court or tribunal to argue for their freedom.
In
Hussein's case, the military has not provided any concrete evidence to
back up the vague allegations they have raised about him, said Curley and
other A.P. executives.
The
military said Hussein was captured with two insurgents, including Hamid
Hamad Motib, an alleged leader of al-Qaeda in Iraq. "He has close
relationships with persons known to be responsible for kidnappings,
smuggling, improvised explosive device (IED) attacks and other attacks
on coalition forces," according to a May 7 e-mail from U.S. Army Maj.
Gen. Jack Gardner, who oversees all coalition detainees in Iraq.
"The
information available establishes that he has relationships with
insurgents and is afforded access to insurgent activities outside the
normal scope afforded to journalists conducting legitimate
activities," Gardner wrote to A.P. International Editor John
Daniszewski.
Hussein
proclaims his innocence, according to his Iraqi lawyer, Badie Arief
Izzat, and believes he has been unfairly targeted because his photos
from Ramadi and Fallujah were deemed unwelcome by the coalition forces.
That
Hussein was captured at the same time as insurgents doesn't make him
one of them, said Kathleen Carroll, A.P.'s executive editor.
"Journalists
have always had relationships with people that others might find
unsavory," she said. "We're not in this to choose sides, we're to
report what's going on from all sides."
A.P.
executives in New York and Baghdad have sought to persuade U.S.
officials to provide additional information about allegations against
Hussein and to have his case transferred to the Iraqi criminal justice
system. The A.P. contacted military leaders in Iraq and the Pentagon, and
later the U.S. ambassador to Iraq, Zalmay Khalilzad.
The A.P. has
worked quietly until now, believing that would be the best approach.
But with the U.S. military giving no indication it would change its
stance, the news cooperative has decided to make public Hussein's
imprisonment, hoping the spotlight will bring attention to his case and
that of thousands of others now held in Iraq, said Curley.
One of
Hussein's photos was part of a package of 20 photographs that won a
Pulitzer Prize for breaking news photography last year. His
contribution was an image of four insurgents in Fallujah firing a
mortar and small arms during the U.S.-led offensive in the city in
November 2004.
In what
several A.P. editors described as a typical path for locally hired staff
in the midst of a conflict, Hussein, a shopkeeper who sold cell phones
and computers in Fallujah, was hired in the city as a general helper
because of his local knowledge.
As the
situation in Fallujah eroded in 2004, he expressed a desire to become a
photographer. Hussein was given training and camera equipment and hired
in September of that year as a freelancer, paid on a per-picture basis,
according to Santiago Lyon, A.P.'s director of photography. A month
later, he was put on a monthly retainer.
During the
U.S.-led offensive in Fallujah in November 2004, he stayed on after his
family fled. "He had good access. He was able to photograph not only
the results of the attacks on Fallujah, he was also able to photograph
members of the insurgency on occasion," said Lyon. "That was very
difficult to achieve at that time."
After
fleeing later in the offensive, leaving his camera behind in the rush
to escape, Hussein arrived in Baghdad, where the A.P. gave him a new
camera. He then went to work in Ramadi which, like Fallujah, has been a
center of insurgent violence.
In its own
effort to determine whether Hussein had gotten too close the
insurgency, the A.P. has reviewed his work record, interviewed senior
photo editors who worked on his images and examined all 420 photographs
in the news cooperative's archives that were taken by Hussein, said Lyon.
The
military in Iraq has frequently detained journalists who arrive quickly
at scenes of violence, accusing them of getting advance notice from
insurgents, Lyon said. But "that's just good journalism. Getting to
the event quickly is something that characterizes good journalism
anywhere in the world. It does not indicate prior knowledge," he said.
Out of
Hussein's body of work, only 37 photos show insurgents or people who
could be insurgents, said Lyon. "The vast majority of the 420 images
show the aftermath or the results of the conflict - blown up houses,
wounded people, dead people, street scenes," he said.
Only four photos show the wreckage of still-burning U.S. military vehicles.
"Do we
know absolutely everything about him, and what he did before he joined
us? No. Are we satisfied that what he did since he joined us was
appropriate for the level of work we expected from him? Yes," said
Lyon. "When we reviewed the work he submitted to us, we found it
appropriate to what we'd asked him to do."
The A.P.
does not knowingly hire combatants or anyone who is part of a story,
company executives said. But hiring competent local staff in combat
areas is vital to the news service, because often only local people can
pick their way around the streets with a reasonable degree of safety.
"We want
people who are not part of a story. Sometimes it is a judgment call. If
someone seems to be thuggish, or like a fighter, you certainly wouldn't
hire them," said Daniszewski. After they are hired, their work is
checked carefully for signs of bias.
Lyon said
every image from local photographers is always "thoroughly checked and
vetted" by experienced editors. "In every case where there have been
images of insurgents, questions have been asked about circumstances
under which the image was taken, and what the image shows," he said.
Executives
said it's not uncommon for A.P. news people to be picked up by coalition
forces and detained for hours, days or occasionally weeks, but never
this long. Several hundred journalists in Iraq have been detained, some
briefly and some for several weeks, according to Scott Horton, a New
York-based lawyer hired by the A.P. to work on Hussein's case.
Horton
also worked on behalf of an Iraqi cameraman employed by CBS, Abdul
Ameer Younis Hussein, who was detained for one year before his case was
sent to an Iraqi court on charges of insurgent activity. He was
acquitted for lack of evidence.
A.P.
officials emphasized the military has not provided the company concrete
evidence of its claims against Bilal Hussein, or provided him a chance
to offer a defense.
"He's a
Sunni Arab from a tribe in that area. I'm sure he does know some nasty
people. But is he a participant in the insurgency? I don't think that's
been proven," said Daniszewski.
Information
provided to the A.P. by the military to support the continued detention
hasn't withstood scrutiny, when it could be checked, said Daniszewski.
For example, he said, the A.P. had been told that Hussein was involved with the kidnapping of two Arab journalists in Ramadi.
But those
journalists, tracked down by the A.P., said Hussein had helped them after
they were released by their captors without money or a vehicle in a
dangerous part of Ramadi. After a journalist acquaintance put them in
touch with Hussein, the photographer picked them up, gave them shelter
and helped get them out of town, they said.
The journalists said they had never been contacted by multinational forces for their account.
Horton said
the military has provided contradictory accounts of whether Hussein
himself was a U.S. target last April or if he was caught up in a
broader sweep.
The
military said bomb-making materials were found in the apartment where
Hussein was captured but it never detailed what those materials were.
The military said he tested positive for traces of explosives. Horton
said that was virtually guaranteed for anyone on the streets of Ramadi
at that time.
Hussein
has been a frequent target of conservative critics on the Internet, who
raised questions about his images months before the military detained
him. One blogger and author, Michelle Malkin, wrote about Hussein's
detention on the day of his arrest, saying she'd been tipped by a
military source.
Carroll
said the role of journalists can be misconstrued and make them a target
of critics. But that criticism is misplaced, she said.
"How can
you know what a conflict is like if you're only with one side of the
combatants?" she said. "Journalism doesn't work if we don't report
and photograph all sides."
Intellpuke: You can read this article by Associated Press national
writer Robert Tanner in context here:
http://www.guardian.co.uk/worldlatest/story/0,,-6087437,00.html