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The
War Profiteers - War Crimes, Kidnappings, Torture and Big Money |
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Killings of Iraqi Civilians by U.S.
Forces - Tel Abir, Balad - February 18th, 2005 |
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Description of the Killing - filed
through the U.S. Foreign Claims Act Victim: Male Adult Description
from the Claims Report: “Claim filed on behalf of Iraqi [Redacted] by
father. [Redacted] was shot by US forces while driving along the Al Said
Mohammed highway road. Father claims son was driving ‘very slowly’ though
official Army findings describe the son’s manner as ‘threatening.’ The car
also sustained damage. Includes Balad Court ‘Experiences Report’ charting
damage to the car and compensatory amounts. Also includes similar report
estimating son’s death compensation at $ 5,000 and ‘incorporeity damages’ at
$2,500. Finding: no negligence because of [Redacted]'s
threatening behavior towards US personnel.” Testimony
of the father, who filed the claim: “American forces in Balad killed my son when he was
driving his car and he was driving his car very slowly but one [of] the
American soldiers shouted [at] him and killed him and made a large damages
[sic] in his car (Toyota pick-up model 1991 # 1434)” […] Memorandum For Record Subject: Claim of [redacted]:06-3/4-082 I . Claimants name and address: [redacted], Balad,
Iraq. 2. Incident date and place the incident occurred
giving rise to the claim: Incident occurred on 18 Feb 05, in Balad, Iraq 3. Amount of claim and filing date: Claimant filed a
claim in the amount of $ 8,450, on 13 Jan 06. 4. Chapter the claim was considered under and a
brief description of the incident or of the issues by the claimant on
reconsideration: Foreign Claims Act and Chapter 10. AR 27-20; claim filed for
compensation for death of son. 5. Facts: Claimant states his son was driving in his
vehicle from his house to go to work at a farm. On the way, US Forces shot
and killed him.. 6. Opinion: In order to form a basis for a claim
under the FCA, the incident in question must have arisen outside the Unites
States. In addition, the incident must be caused by either non-combat
activities of the Unites States Armed Forces or by negligent or wrongful acts
of military members or civilian employees of the Armed Forces. Claimants son
approached US Forces in a threatening manner forcing them to take appropriate
action, therefore firing on the vehicle and killing his son. 7. Recommended Action: This claim is not payable
under the FCA for the above mentioned reasons. Consequently this claim for $ 8,450
is denied. […] |
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