A British citizen has been sentenced by an Iraqi court to 15 years in prison after being convicted of trying to smuggle objects out of the country.
Key points:
- Whether Fitton can serve his prison sentence in the UK depends on bilateral talks between the two countries
- Her German traveling partner was found with no criminal intent and was released
- Mr Fitton’s lawyer says he will appeal the decision immediately
Iraqi authorities had arrested 66-year-old James Fitton at Baghdad International Airport in March for carrying small fragments of ancient pottery in his luggage.
Baghdad Criminal Court convicted Fitton of taking the artifacts from a heritage site in southern Iraq and attempting to transport them out of the country “with criminal intent,” according to a judicial source, a crime that is usually punishable by killed under Iraqi law.
Fitton’s attorney said he was shocked by the verdict and that Fitton did not know the pottery fragments were considered artifacts.
Fitton will appeal the verdict on the basis that there was no criminal intent, he said.
“I thought the worst case would be a year, with suspension,” Fitton’s lawyer Thair Soud, visibly shocked, told The Associated Press.
It was found that a German national tried with Fitton had no criminal intent in the case and will be released.
In all, 12 fragments of pottery and other fragments in Fitton’s possession were found from an ancient Mesopotamian site. (AP: Hadi Mizban)
The couple had been part of a tourist expedition through the ancient places of the country.
His tour guide, also an 80-year-old British citizen in poor health, died in police custody for reasons unrelated to his arrest. It was found with more than 20 archaeological fragments in this possession.
Judge Jabir Abd Jabir found that according to the government investigation, Fitton had criminal intent to smuggle the artifacts he had collected and intended to transport them out of the country.
The trial has attracted international attention at a time when Iraq is looking to open its nascent tourism sector.
The two men first appeared in court on May 15 in yellow detainee uniforms and told judges they had not acted with criminal intent and had no idea they might have violated local laws.
Fitton said he “suspected” that the objects he collected were ancient fragments, but that “at the time he did not know about Iraqi law” or that he was not allowed to take the fragments.
Fitton said that as a geologist he was in the habit of collecting these fragments as a hobby and had no intention of selling them.
In his defense, Soud said Fitton waited weeks while in custody before hiring him as his lawyer, arguing that this meant the Briton had no idea the seriousness of the case or the value of the property found in the its power. .
The judge, however, disregarded Mr. Soud that exposed Fitton’s ignorance of Iraqi law and the value of the articles he collected.
In total, Iraqi authorities found 12 fragments of pottery and other fragments in Fitton’s possession, all collected as a souvenir, according to Fitton’s family, during a group tour to Eridu, an ancient Mesopotamian site in the Middle East. current province of Dhi Qar. The site is said to be among the oldest sites belonging to this civilization.
The controversy, however, continues over the articles Fitton had collected. A report from the Iraqi Ministry of Culture said they were more than 200 years old, with no further explanation as to where they came from. But any element less than 1,500 years old disqualifies it for being of antiquity, a period from the beginnings of Western civilization to about 450 AD.
The items were not shown in court. Government officials could not be reached for comment.
Soud said he intends to appeal the sentence immediately.
It is unclear whether Fitton can serve his sentence in his home country, as this would require a bilateral agreement between Iraq and the United Kingdom.
AP / Reuters