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IRAQ WARS
UN eases Saddam-era sanctions against Iraq
by Staff Writers
United Nations (AFP) June 27, 2013


Verdict in US Marine war crimes case overturned
Washington (AFP) June 27, 2013 - A US Marine sentenced to 11 years in prison for the 2006 murder of an Iraqi civilian has had his conviction overturned after a military court ruled his rights had been violated.

Sergeant Lawrence Hutchins, 29, was jailed six years ago after a court martial found him guilty of orchestrating the murder of a 52-year-old Iraqi man in the town of Hamdania.

Hutchins was convicted of leading an eight-strong squad which kidnapped the father of 11 from his home in a night-time raid, frogmarched him to a ditch and shot him.

The group then placed an AK-47 and a shovel beside the dead man's corpse to make it look as if he had been shot while planting a roadside bomb.

Several soldiers involved in the incident, who received lesser sentences for their roles in the killing, had implicated Hutchins.

However the US military's highest court, The Court of Appeals for the Armed Forces, tossed out Hutchins's conviction after agreeing his constitutional rights had been violated early in the investigation.

Lawyers for Hutchins argued investigators had erred when the Marine was held in solitary confinement without access to a lawyer for seven days.

Hutchins later signed a confession on May 19, 2006, following his detention, a submission used to secure his conviction.

However the military court ruled the confession had been obtained illegally and quashed the verdict.

"We therefore reverse the decision of the CCA (Navy-Marine Corps Court of Criminal Appeals), set aside the findings and the sentence, and return the case to the Judge Advocate General of the Navy," the court ruled.

"It was an error for the military judge to admit the statement made by Hutchins on May 19, 2006.

"Notwithstanding the other evidence of Hutchins's guilt, there is a reasonable likelihood that the statement contributed to the verdict."

The US Marines must now decide whether to re-try Hutchins or appeal the decision to the Supreme Court.

The case has seen various twists and turns since Hutchins's conviction. His original sentence of 15 years was slashed to 11 years, and the conviction was overturned once before in 2010 but later reinstated.

The UN Security Council on Thursday eased sanctions against Iraq imposed after Saddam Hussein's 1990 invasion of Kuwait amid a significant thaw between the neighbors.

The council lifted the threat of action linked to the search for Kuwaitis and property missing since the invasion ordered by the former dictator.

Iraq's Foreign Minister Hoshyar Zebari called the unanimous council vote a "landmark" in Iraq's efforts to restore its international image.

An international coalition ended the occupation of Kuwait in 1991 and a US-led invasion toppled Saddam in 2003. Iraq was ordered, however, to pay compensation and to help find more than 600 Kuwaitis missing since the invasion.

Kuwait backed resolution 2107 under which the missing people and property will now be handled under Chapter VI of the UN Charter, which calls for a peaceful resolution of disputes.

They had previously been dealt with under Chapter VII of the charter, which allows for sanctions and military intervention to enforce council demands.

The sanctions threat remains for Iraq's payment of war compensation. The UN also still has an arms embargo against Iraq under Chapter VII.

Iraq was ordered to pay just over $52 billion to its neighbor. Iraq says it still owes about $11 billion and that the debt will be fully paid in 2015.

The resolution acknowledged "the importance of Iraq achieving international standing equal to that" before the 1990 invasion and also welcomed Iraq's "demonstration of its commitment to the full implementation of its outstanding obligations."

UN leader Ban Ki-moon called for the sanctions to be eased in a recent report. He said both governments have shown "statesmanship and respect" in their efforts to heal the war wounds.

Zebari paid tribute to the Kuwaiti government for its "support and assistance" to get the sanctions regime changed and vowed to increase cooperation with Kuwait.

"All the negative aspects of relations between the two countries have become another page of the past and we shall focus on the present and the future," he said.

Zebari said the council vote "will be a landmark, a milestone, in the history of the relationship between Iraq and the international community."

US Secretary of State John Kerry also called the Security Council vote a "milestone decision" in a statement which congratulated both countries on overcoming the acrimony of the past two decades.

"It's testament to the commitment of two neighbors to a new relationship," said Kerry, who was in Kuwait on Wednesday and who offered US support to their efforts "to build further confidence and cooperation, strengthen their relationship, and enhance regional stability."

Kuwait is maintaining demands that Iraq account for more than 600 Kuwaitis who went missing in the conflict. The remains of 236 have so far been found. It is also demanding efforts by Iraq to return national treasures and archives.

Regular flights between Baghdad and Kuwait started this year however, and Kuwait's Prime Minister Sheikh Jaber Mubarak al-Sabah went on a surprise one-day visit to Baghdad this month in a key sign of the thaw.

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