Sgt. Joshua W. Soto, 25, an infantryman with Delta Company, 77th Armor Regiment, 4th Brigade Combat Team, 1st Armored Division, and native of San Angelo, Texas, was killed when an IED exploded near his vehicle.
Maj. Darrin Rosha, chief of operational law for the Staff Judge Advocate of Multi-National Division-South, said the three suspects, including the alleged triggerman in the incident, were captured by Iraqi Police following the attack. Rosha also said the three suspects have confessed to the attack and are currently working with officials to pinpoint several other people who may have also been party to the incident.
Capt. David Peterson, chief of rule of law for the SJA, MND-S, said the three are being adjudicated by the local court system in Muthanna Province rather than having to go through the Central Criminal Court of Iraq in Baghdad, which has previously been the standard for cases such as this.
“There is a move to transfer cases for local prosecution at the provincial level where the incidents actually happened when it is practical to do so,” the Sartell, Minn. native said. “This makes it much easier to coordinate with witnesses in getting them to the courthouse and saves time away from their families and jobs. It also shortens the time for cases to be processed and lessens the likelihood of witness intimidation in these cases.”
This effort to try cases at the provincial level in Iraq whenever possible has come about partially as a result of cooperation between U.S. and Iraqi officials, according to Peterson.
“The role of Provincial Reconstruction Teams and brigade-level judge advocates in helping the Iraqis develop their rule of law has been relationship-based,” Peterson said. “There has been a lot of hard work between them and local officials to develop trust and that has been instrumental in assisting them with their efforts.” Peterson also said the Iraqis have their own system and U.S. officials merely serve as advisors.
“The PRTs and brigade judge advocates give suggestions on developing the Iraqi legal system and they are eager to learn,” Peterson said. “PRTs and brigade judge advocates have initiated programs to bring judges and police together in the provinces in a cooperative fashion in order to help them understand how to obtain solid cases to withstand judicial scrutiny. However, the work is done within the Iraqi system and they decide how to use the suggestions they are given.”
The case currently being processed in Muthanna Province is an important step in testing the strength of Iraqi rule of law as it now exists, according to Rosha.
“This is a watershed case,” the Owatonna, Minn. native said. “If they are successful this will promote the application of the rule of law to these kinds of crimes at the local level. This is a crucial step. Iraqis are developing a fair, uniform system of law across the provinces.”
CONTINGENCY OPERATING BASE BASRA, Iraq – Three suspects are in the custody of Iraqi officials following an improvised explosive device attack in Muthanna Province, Iraq, June 16 that resulted in the death of one American Soldier.