This article is from the source 'nytimes' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at http://www.nytimes.com/2012/11/17/world/middleeast/iraq-said-to-release-hezbollah-operative.html

The article has changed 2 times. There is an RSS feed of changes available.

Version 0 Version 1
Iraq Said to Release Hezbollah Operative Against U.S. Wishes, Iraq Releases Man Accused of Killing American Soldiers
(about 9 hours later)
WASHINGTON — Senior Iraqi officials have informed the United States that Baghdad has released a Hezbollah operative who has been accused by American military prosecutors of the killing of American troops, terrorism and espionage, among other crimes, American officials said Friday. WASHINGTON — Iraq has released a Hezbollah operative who has been accused by American military prosecutors of the killing of American troops, terrorism and espionage, Iraqi and American officials said Friday.
The prisoner, Ali Musa Daqduq, was released despite the entreaties of the Obama administration. In a phone call on Tuesday, Vice President Joseph R. Biden told the Iraqi prime minister, Nuri Kamal al-Maliki, that the United States believed that Mr. Daqduq should be held accountable for his actions and that Iraq should explore all legal options toward this end, an American official said. The prisoner, Ali Musa Daqduq, was released on Thursday despite the entreaties of the Obama administration. In a phone call on Tuesday, Vice President Joseph R. Biden Jr. told the Iraqi prime minister, Nuri Kamal al-Maliki, that the United States believed that Mr. Daqduq should be held accountable for his actions and that Iraq should explore all legal options toward this end, an American official said.
Robert S. Beecroft, the United States ambassador in Baghdad, made a similar appeal to Mr. Maliki that day. But Mr. Maliki told Mr. Biden that Iraq had run out of legal options to hold Mr. Daqduq, who had been ordered released earlier this year by an Iraqi court. Robert S. Beecroft, the United States ambassador in Baghdad, made a similar appeal to Mr. Maliki that day. But Mr. Maliki told Mr. Biden that Iraq had run out of legal options to hold Mr. Daqduq, who this year had been ordered released by an Iraqi court. Mr. Daqduq has left Iraq and is now in Beirut, his lawyer told Reuters.
A lawyer for Mr. Daqduq told Reuters that he had been released by that Iraqi authorities and that he was now in Beirut. American officials have received conflicting accounts from Iraqi officials on Mr. Daqduq’s status and whereabouts, but aides close to Mr. Maliki told the United States that he has been set free, said the American official, who refused to be identified because the White House has yet to comment on the case. The case is noteworthy not only because of the accusations against Mr. Daqduq, but also because it is regarded by Middle East experts as a test of whether the United States or Iran has more influence over the Shiite-dominated government of Iraq. Hezbollah, a Shiite militant organization in Lebanon, is backed by Iran, a Shiite state.
Press officers for the American Embassy in Baghdad and the National Security Council did not respond to requests for comment. Iraqi officials have said that they thought delaying Mr. Daqduq’s release until after the American presidential election would mollify the Obama administration. American officials have repeatedly insisted that they did not want him released at all.
“We are clearly disappointed about this,” said a State Department official, who asked not to be identified. “Iraqis did pursue a legal case on him and said that the evidence was not there. We do have to respect the authority of the Iraqi judiciary.” “We didn’t want it to happen, and we were concerned about it,” said Victoria Nuland, the State Department spokeswoman. “We said that to the Iraqis. They have said back to us that they didn’t have a legal basis to continue to hold him. Let me add to that, as with other terrorists who we believe have committed crimes against Americans, we are going to continue to pursue all legal means to see that Daqduq sees justice for the crimes of which he is accused.”
The case is noteworthy not only because of the allegations against Mr. Daqduq but also because it is regarded by Middle East experts as a test of whether the United States or Iran has more influence in Iraq. Hezbollah, a Shiite militant organization in Lebanon, is backed by Iran, a Shiite state. Iraq’s government is also dominated by Shiites. Ms. Nuland declined to say how Washington intended to pursue Mr. Daqduq but said that the United States had been in touch with the Lebanese government. Conservative critics said that it showed that the Obama administration’s influence in Iraq had waned after the United States and Iraq failed to reach an agreement that would have provided for the continued presence of a modest number of American troops after 2011.
In Washington, conservative lawmakers deplored the decision to release Mr. Daqduq. Senator John McCain, the conservative Arizona Republican, called it an “outrage,” and said the United States should protest in the strongest terms. “The United States now has so little influence that it could not prevail upon the Iraqi government to extradite Daqduq to the U.S. to stand trial for his crimes,” Senator John McCain of Arizona and Senator Lindsey Graham of South Carolina, both Republicans, said in a statement. “We now face a similar situation in Afghanistan as we did in Iraq as America draws down troops and hands over detainees to the Afghani government. The administration must tell the American people exactly how it will ensure that terrorists in Afghanistan with American and allied blood on their hands will be brought to justice.”
Mr. Daqduq, who was captured by British forces in Basra in March 2007, was the last detainee to be handed over to the Iraqis by the United States as American troops withdrew in December 2011. One prominent Iraqi, who asked not to be identified because he was worried about retribution by the Maliki government, agreed with the critics. Mr. Daqduq’s release, he said, “underscores how little influence Washington holds over Baghdad’s government since American troops left the country last December.”
American military officials have accused him of working with the Quds Force — an Iranian paramilitary unit that supports militant movements abroad — to train Shiite militias in Iraq during the war. One of the most serious allegations stems from his suspected role in helping to organize a January 2007 raid in Karbala that led to the deaths of five American soldiers. Mr. Daqduq, who was captured by British forces in Basra in March 2007, was the last detainee to be handed over to the Iraqis by the United States as American troops withdrew in December.
After Mr. Daqduq was transferred to Iraqi custody, an Iraqi court ruled that there was not enough evidence to hold him. The United States sought his extradition for trial by an American military tribunal. That request was turned down. American military officials have accused Mr. Daqduq of working with the Quds Force — an Iranian paramilitary unit that supports militant groups abroad — to train Shiite militias in Iraq during the war. One of the most serious accusations is that he had a role in helping to organize a January 2007 raid in Karbala that led to the deaths of five American soldiers.
Iraqi officials have previously said they tried to mollify the Obama administration by delaying Mr. Daqduq’s release until after the presidential campaign, but American officials repeatedly insisted that they did not want him released at all. After Mr. Daqduq was transferred to Iraqi custody, an Iraqi court ruled that there was not enough evidence to hold him. The United States had sought his extradition for trial by an American military tribunal, but that request was rejected.
The charge sheet prepared by American military prosecutors accused him of murder, terrorism, perfidy and espionage, among other war crimes. Specifically, he said that Mr. Daqduq had drafted plans for the Karbala attack, which was carried out by a Shiite militant group, Asaib Ahl al-Haq, and had advised the group how to infiltrate the compound using American and Iraqi uniforms and by muffling its vehicles.
When he was captured, Mr. Daqduq was with the leaders of the group, Laith Khazali and his brother Qais.
This is not the only issue that has strained relations between the United States and Iraq recently. American officials said there have been continued flights from Iran to Syria through Iraq’s airspace that are believed to have carried military supplies to support the embattled government of Bashar al-Assad. Iraq ordered two flights to land in Baghdad for inspection, and no military supplies were found. But they represented just a small portion of the total flights.