Dear Secretary Rumsfeld:
The Committee to Protect Journalists wishes to express its grave concern
about the continuing detention of Iraqi journalists by the U.S. military
in Iraq. U.S. forces have routinely detained Iraqi reporters or photojournalists
since the March 2003 invasion of Iraq. In several cases, individual
journalists have been held for weeks or months without charge or due
process.
In 2005 alone, CPJ has documented seven cases in which reporters, photographers,
and cameramen were detained for prolonged periods without charge or
the disclosure of any supporting evidence. These detentions have involved
journalists working for CBS News, Reuters, The Associated Press, and
Agence France-Presse, among others. At least three documented detentions
have exceeded 100 days; the others have involved detentions of many
weeks. In at least five cases documented by CPJ, the detainees were
photojournalists who initially drew the military's attention because
of what they had filmed or photographed.
In several cases, U.S. military officials have voiced suspicions that
some Iraqi journalists collaborated with Iraqi insurgents and had advance
knowledge of attacks on coalition forces. But the military has never
provided evidence to substantiate any claims, despite repeated inquiries
over many months, and nearly all of the journalists detained on such
suspicions have been released without charge.
Today, at least four detainees remain in U.S. custody. They include:
• Abdul Ameer Younis Hussein,
CBS News. Hussein, an Iraqi cameraman working for CBS News, was
taken into custody after being wounded by U.S. forces' fire on April
5 while he filmed clashes in Mosul in northern Iraq. CBS News reported
at the time that the U.S. military said footage in the journalist's
camera led them to suspect he had prior knowledge of attacks on coalition
forces. AFP also cited U.S. officials as saying the journalist "tested
positive for explosive residue." No charges have been made public and
the evidence used to hold him remains classified. The New York Times
reported this month that the U.S. military referred Hussein's case to
Iraqi justice officials who reviewed Hussein's file but declined to
prosecute him. Nevertheless, Hussein remains in U.S. custody today.
U.S. military officials, meanwhile, have stuck to vague accusations
that Hussein was "engaged in anti-coalition activity," and that he had
been "recruiting and inciting Iraqi nationals to violence against coalition
forces and participating in attacks against coalition forces." Military
officials have yet to provide any evidence to support these accusations.
• Ali Mashhadani, Reuters.
Mashhadani, a freelance photographer and cameraman for Reuters news
agency, has been held incommunicado and without explanation by U.S.
forces since August 8. Mashhadani was taken from his home in Ramadi
during a general sweep of the neighborhood by U.S. Marines who became
suspicious after seeing pictures on his cameras, Reuters quoted his
family as saying. He is being held in Abu Ghraib Prison. Reuters reported
last month that a US-Iraqi Combined Review and Release Board (CRRB)
had determined that Mashhadani posed a "threat" and ordered his continued
detention. U.S. officials told Reuters that Mashhadani would be denied
access to counsel or family for 60 days, but would be granted a review
of his case within 180 days. Officials have yet to substantiate the
basis for his continued detention.
• Majed Hameed, Al-Arabiya, Reuters.
Hameed, a reporter working with the Dubai-based broadcaster Al-Arabiya
who also freelances for Reuters, was arrested along with several other
men at a gathering after the funeral of a relative on September 15 in
Anbar province. Both Reuters and Al-Arabiya have said his arrest appears
connected to footage found on his camera by U.S. troops. U.S. officials,
however, have not specified the basis for his detention. According to
Al-Arabiya, Hameed is being held at a U.S. facility in western Anbar
province.
• Samir Mohammed Noor, Reuters.
Reuters reported this week that its freelance television cameraman Noor
was arrested by Iraqi troops at his home in the northern town of Tal
Afar in May 2005 and has been ordered detained indefinitely by the CRRB,
which oversees detentions in Iraq. A U.S. military spokesman told the
news agency that Noor was determined to be "an imperative threat to
the coalition forces and the security of Iraq" and his case would be
reviewed within six months U.S. officials have not said what he is accused
of. Reuters said he was being held at camp Bucca, in southern Iraq.
Journalists have a professional duty to cover events in Iraq including
the actions of the U.S. military. Their proximity to the battlefield
and the presence of photographs of the insurgency should not be used
as the basis for indefinite detention. At the very least, the media
organizations that employ journalists should be contacted as part of
the review process. We find these open-ended, unsubstantiated detentions
an unacceptable interference in the work of media professionals. They
threaten to undermine the ability of the media to report on events in
Iraq, especially as international news organizations rely heavily on
Iraqi journalists to work in frontline newsgathering. Moreover, by holding
journalists for weeks or months without charge and on the basis of secret
"evidence," the United States, which has publicly committed its support
for democracy and human rights in Iraq, sends a troubling message to
Iraqis that it is not accountable for its actions. It is noteworthy
that even Iraqi officials have taken exception to the detentions. Earlier
this month Justice Minister Abdul Hussein Shandal criticized prolonged
detentions by the U.S. military and expressed concerns that journalists
were not being afforded appropriate protections in reporting on events
in Iraq.
We call on you to ensure that the U.S. military cease the use of these
detentions at once and that officials credibly explain the basis for
the detentions of those currently being held, or release them immediately.
Sincerely,

Ann Cooper
Executive Director