Spanish judge charges US soldiers with murder

MADRID, Apr 27 (Reuters) A Spanish High Court judge charged three US soldiers with murder today over the death of a Spanish television cameraman in the shelling of his Baghdad hotel in 2003.

Investigating judge Santiago Pedraz alleged that Jose Couso, a cameraman with Spanish television station Telecinco, was the victim of an act of violence carried out ''with the aim of terrorising journalists''.

He noted that US forces in Baghdad had fired on premises housing two Arabic broadcasters, Al Jazeera and Abu Dhabi Television, the same day.

Couso and Reuters Television cameraman Taras Protysuk were killed on April 8, 2003, when a US tank opened fire on the Palestine Hotel, the headquarters for foreign media in the Iraqi capital during the US invasion.

''Those charged knew the Palestine Hotel was a civilian zone, and had no proof it presented a threat to themselves or American troops,'' Pedraz said in the five-page indictment.

A US military investigation found that the tank crew acted within their rules of engagement.

It said that they believed they were firing at an Iraqi ''spotter'' directing fire at U.S. forces the day before the fall of Baghdad and were not aware journalists were at the hotel.

The United States has said it will not extradite the three men, Lieutenant-Colonel Philip De Camp, Captain Philip Wolford and Sergeant Thomas Gibson of the 3rd Infantry Division's 4th Battalion 64th Armor Regiment.

The soldiers cannot be tried in their absence under Spanish law but they run the risk of arrest in countries that have extradition treaties with Spain and are the subject of international arrest warrants.

The Supreme Court ordered the High Court to reopen the case in December after it had initially ruled that Spain had no jurisdiction to try the soldiers.

REUTERS AGL PM2306