U.S. government seeks justice in Iraqi court

Photo By Sgt. Frank Vaughn | Spc. Byron W. Fouty, 19, of Waterford, Mich., was one of seven Soldiers from 4th Battalion, 31st Infantry Regiment, 2nd Brigade Combat Team, 10th Mountain Division killed as a result of an ambush near Yuisfiyah, Iraq, May 12, 2007. Initially reported missing, Fouty's remains were recovered July 9, 2008 approximately 20 miles south of the site of the ambush.  

BAGHDAD, IRAQ

03.22.2009

Story by Sgt. Frank Vaughn 

Multi-National Division-Central

CAMP VICTORY, Iraq – Representatives from the U.S. Army filed a formal complaint in the Central Criminal Court of Iraq, March 11, in an effort to bring 12 captured suspects to justice for their roles in an ambush near Yusifiyah, Iraq, on May 12, 2007, that resulted in the deaths of seven American Soldiers.

Lt. Col. Richard Ruffcorn, director of intelligence and officer-in-charge of the Missing and Captured operations cell for 10th Mountain Division, appeared at the CCCI to file the complaint.

"According to Iraqi law, someone must be present to file the complaint in person before suspects can be formally charged," said Ruffcorn, a native of Omaha, Neb. "After all of our efforts to locate [the missing Soldiers], I considered it an honor to stand on behalf of their families."

According to an earlier report, a terrorist group known as the Islamic State of Iraq, suspected of ties to al-Qaida in Iraq, claimed responsibility for the ambush on elements of 4th Battalion, 31st Infantry Regiment, 2nd Brigade Combat Team, 10th Mountain Division.

Three of the seven killed - Staff Sgt. Alex Jimenez, Spc. Byron Fouty and Pfc. Joseph Anzack - were reported captured by insurgents in the aftermath of the attack. The body of Anzack, of Torrance, Calif., was recovered from the Euphrates River on May 23, 2007. Jimenez and Fouty remained missing for more than a year following the recovery of the remains of Anzack.

After an exhaustive investigation in which MISCAP cooperated with multiple U.S. government agencies, including the Federal Bureau of Investigation and the Defense Intelligence Agency, as well as analysts from U.S. Central Command, the remains of Jimenez and Fouty were discovered on July 9, 2008 after Coalition forces were led by al-Qaida leaders to a location approximately 20 kilometers south of the site of the 2007 ambush.

"Finding these Soldiers would not have happened without the cooperation of many different agencies and people," said Ruffcorn. "It took everyone involved to make this happen."

Now that the missing Soldiers have been recovered, efforts are now focused on bringing their attackers to justice.

Lt. Col. Mike Ryan, staff judge advocate for 10th Mountain Division, said the Iraqi government has been very cooperative in this effort.

"The new security agreement between Iraq and coalition forces places suspects detained by us under Iraqi jurisdiction," said the Oklahoma City native. "However, we are allowed to file formal complaints with the Iraqi court system to start the process of prosecution."

Ryan said that the Iraqi judicial system works similarly to that of the U.S.

"The process begins with an investigative judge who hears the complaint and evaluates evidence to determine if the case warrants prosecution," said Ryan. "This is similar to what a magistrate does in the U.S."

If an investigative judge determines there is enough evidence to proceed with a case, it is referred to a trial court for further disposition. Under Iraqi law, a panel of three judges presides over trials and examines witnesses personally, Ryan said.

Now that the 12 suspects in this case have been formally charged, they must await trial. The date for trial has not been set, but Ryan said he expects it to start sometime in the next several months.

Ruffcorn said this process is a tremendous sign of cooperation between coalition forces and the Iraqi government.

"After spending so much time, effort and, frankly, emotion finding Jimenez and Fouty, I'm proud to see the Iraqi government stepping up to bring their killers to justice," he said. "There are definitely people in the Iraqi government who are dedicated to seeing their government succeed."

• Date Taken: 03.22.2009
• Date Posted: 03.22.2009 14:17
• Story ID: 31463
• Location: BAGHDAD, IQ