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Subject: Judge Says 'POW' Noriega Should Not Go to Penitentiary; Ruling on Panamanian's
Date: Sat, 14 Nov 92 11:48:46 EST
Message-ID: <11.1992Nov14.114846@AmeriCast.com>

Judge Says 'POW' Noriega Should Not Go to Penitentiary; Ruling on
Panamanian's Confinement Expected in Week<By William
Booth=Washington Post Staff Writer= MIAMI, Nov. 13 - Because
Manuel Antonio Noriega is a prisoner of war, the former Panamani-
an leader and convicted drug dealer should not serve his 40-year
sentence in a federal penitentiary, a federal judge said today.

"If I had it in my power, I would recommend that he be detained
in a facility other than in a penitentiary," U.S. District Judge
William M. Hoeveler said.  Hoeveler said he would rule within a
week on Noriega's motion to be confined in a POW-style camp, such
as prisons at Maxwell Air Force Base in Montgomery, Ala., or Eg-
lin Air Force Base near Fort Walton Beach, Fla.

Federal prosecutors have suggested that Noriega be sent to the
maximum-security federal penitentiary in Marion, Ill., where
"celebrity prisoners" such as Noriega spend their days in special
underground cells in solitary confinement.  Noriega currently is
in a holding cell in the federal courthouse here.  Hoeveler, who
presided over Noriega's seven-month trial that ended in April,
agreed to postpone Noriega's release to Bureau of Prisons offi-
cials until the judge resolves the confinement issue.

Hoeveler stressed, however, that as a federal judge he may not
have the power to decide where Noriega does time for drug traf-
ficking. Nor was Hoeveler certain that he is empowered to enforce
the Geneva Convention, which dictates treatment of prisoners of
war.  "Essentially, this is a policy matter for the executive
branch," said Hoeveler, who added that the question of where to
incarcerate Noriega was "a novel one."

Noriega, former leader of both Panama and the Panamanian Defense
Forces, was arrested in December 1989 after 27,000 U.S. troops
invaded his country. He was convicted April 9 of collaborating
with the world's most notorious drug lords to smuggle cocaine
into the United States.

"This is a strange case," Hoeveler said today as he heard argu-
ments from government prosecutors and Noriega's lawyers. "He may
be the only POW the U.S. has." Noriega's lawyer, Jon May, con-
tended that "the Geneva Convention unequivocally prohibits this
court from sending General Noriega to a federal penitentiary."
May stressed that Hoeveler's recommendation would send a message
to the world about how the United States treats POWs. He warned
the court that if Noriega were held as a common criminal, nations
such as Iraq or Iran might be encouraged to treat captured U.S.
troops not as POWs but as criminals.  Assistant U.S. Attorney
Michael P. Sullivan said the government has decided to treat
Noriega as a POW without officially classifying him as one. He
said that means wherever Noriega is incarcerated, he would be af-
forded protections guaranteed by the Geneva Convention, such as
monthly Red Cross packages, food, medical care, exercise and
freedom of religion.

Even if Noriega is accorded POW status, prosecutors said, the
Geneva Convention does not prohibit his being moved to a civilian
prison after being convicted of a civilian crime.<11:04 11-
14C9999-----

Copyright 1992, The Washington Post.  This story is from the
Washington Post's Capitol Edition On-Line and is not to be ar-
chived or redistributed.

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