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The
War Profiteers - War Crimes, Kidnappings, Torture and Big Money |
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The
Killing of Yassin Muhamad & Najat Hamed Nafawa |
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Background - Baghdad, January 15th,
2006 March 4th, 2006 - Memorandum for
Commander, Multi-National Division-Baghdad, Camp Liberty Report by the U.S.
Army, Headquarters 506th Regimental Combat team, 101st
Airborne Division (6,7 MB)
“[…] NAVSOF forces had command and control of this
operation. Additional security, infiitration, and exfiltration operations
were conducted by 3-67 AR Battalion personnel and equipment. The incident was
executed as an extension of Operation Mousetrap. […] The task for this
operation was to covertly insert sniper teams into Observation Posts (OPs)
around [redacted]. The purpose was to conduct overwatch operations of [redacted]
to deny AIF the ability to emplace EFP IEDs and to provide coalition forces
the freedom of movement along [redacted]. [redacted] “On the afternoon of 14 JAN 06, NAVSOF personnel conducted
a ground reconnaissance of a residential home (the obiective) at grid [redacted].
This reconnaissance consisted of driving by the home, shooting digital video
footage, and still digital photographs [redacted] of the objective. According
to [redacted] […], the house appeared to be unoccupied in the video footage,
and photographs. According to NAVSOF personnel who were briefed by CP, the
3-67 AR S-2, that there was a 50/50 chance that homes in the overwatch area
would be receptive to emplacing OPs within their residences […]. “After the reconnaissance was conducted NAVSOF and
3-67 personnel continued with execution of their Troop Leading Procedures for
the operation. An OPORD brief was given, rehearsals were conducted (rock
drill), and ROE briefs were conducted. […] “The operation started at approximately 15 0030 JAN
05 with the patrol exiting FOB Rustamiyah in M2A2 Bradleys and M1114 UAHs.
The vehicles proceeded to the release point (RP) and NAVSOF and 3-67
personnel dismounted. Personnel then conducted approximately a 300 - 500m
foot patrol from the RP to the objective (Residential home at [redacted] […]). “At approximately 15 0145 JAN 05 NAVSOF and 3-67
personnel began to set up security at the objective. While security was being
empiaced a LN woman began screaming (in Arabic) from inside the residence.
The Patrol Leader, Intelligence Specialist 1 (IS1) Young, and the interpreter
began trying to get permissive access to the home. They (IS1 Young and the
Interpreter) did this by knocking on an exterior door several times and yelling
[redacted] that they were American Forces and that they meant them (the
occupants of the residence) no harm. According to the Interpreter, he did not
think that the occupants of the house could hear them because there was too
much screaming […]. Concurrentiy, [redacted] breached another exterior door […],
and he and [redacted] gained access to a foyer-type area that led to 3 interior
doors […]. He then began to try and gain access into the left interior door […].
Concurrently, the interpreter reported that the LN woman screamed ‘get the AK’
in Arabic. Soon after, [redacted] (3-67 AR) from his position outside the
house saw a man approach the window with an AK. He then yelled ‘AK’ from position
[…] [redacted] states that he observed a LN man load a magazine into the AK
and charge the weapon. [redacted] then states that the man then pointed the
weapon directly at him through the window […]. He states that he fired his
weapon at the LN male with the AK […]. “(NAVSOF) stated that he heard ‘AK’ yelled and
ceased attempting to breach the interior door. [redacted] states that he then
saw muzzle flash from inside the house. He then fired one shot from his SR-25
at the LN male armed with an AK […]. Other NAVSOF Personnel [redacted] stated
that they heard AK fire. […] After the shots were fired [redacted] ordered a
cease fire, and ordered the team to exfiltrate the objective. […] “The Iraqi Police report […] and death certificates […]
obtained from LN family members during a consequence management visit to the residence
confirm that a LN male and LN female died as a direct result of this
incident. “Did the
shooting comply with the Rules of Engagement? “Yes. Evidence shows all US forces acted in self
defense. Statements from US forces involved […], the interpreter […], and statements
from Local National sources through the THT […] support this. “Evidence gathered from the investigation, both from
US forces and LN sources, indicates that the scene at the objective was dark,
ever changing, and chaotic. According to the interpreter, there was no electricity
in the house. […]. The only light source from the interior of the house was a
lantern […] Although it was 100% illumination at 15 0145 JAN 05 there was not
any street lights, exterior lights, or interior lights in the vicinity of the
house Team members approached the house using Night Vision Devices (NVDs),
but went to fiashliqht once they lost the element of surprise […]. ln the
estimation of [redacted] and the interpreter, the time period of between the
LN woman starting to scream and shots being fired was less than 30 seconds. In
photographs taken by the consequence management team, the window has 4
visible bullet holes through the glass and bullet holes and bullet impact
damage to the interior wails of the structure. […] Statements gathered from
LN sources do not support the claim by US forces that the deceased LN male approached
the window with an AK or that the AK was fired. However, LN sources do confirm
that there was an AK in the house. Through this investigation I conclude that
regardless of whether or not the AK was physically pointed at [redacted] or
fired at him; conditions existed at the scene that supports NAVSOF and [redacted]
statements that they acted in accordance with the rules of engagement once
they felt that a hostile act had been directed against them. […] “[…] The evidence supports that while US forces were
attempting to gain access to the LN residence, a woman inside the residence
began screaming thinking that they were getting robbed. One son reported to a
tactical human intelligence team (THT) member that his mother yelled ‘thieves,
thieves’ in Arabic […]. The interpreter then communicated to US Forces that
she called for her husband to get the AK […]. Following that, [redacted]
stated that he saw a LN male load and charge an AK inside the structure.
Given the low light; the screaming; the interpreter translations of ‘Get the
AK’; and the short time span that elapsed, condittons existed at the time of
the incident that support hostile intent towards US forces. LN family thought
they were getting robbed. The family tries to protect themselves. In the
process US forces act in self defense. “The evidence found in Exhibit Z identifies several
inconsistencies between coalition personnel sworn statements, and the autopsy
results. Statements from coalition personnel indicate that the LN male
pointed a loaded AM47 at [redacted] and [redacted] state that they saw a LN male
point a weapon at them from inside the house […]. However, autopsies performed
by [redacted] and [redacted] indicate that the LN female died of direct gun
shot wounds while the LN male died with injuries associated from bullet fragments
[…]. “I conclude that [redacted] may have fired on the LN
female as opposed to the LN male. I attribute these inconsistencies due to
the low level of light, the observation of the LN with the AK-47 through a
giass window, the short period of time in which these events occurred, and
the chaotic environment that existed while coalition personnel attempted to
gain entrance into the residence. “Given the evidence from all sources, I conclude that
[redacted] fired his M-16 in self defense, and [redacted] fired his SR-25 in
an effort to protect from a LN located inside the residence. Both personnel
thought that the LN posed an imminent threat to [redacted]. “Autopsy results confirm that that [sic] bullets (or
fragments of) from either [redacted] weapon struck and killed both Local
Nationals inside the residence. “What is the
name and address of the local nationals? “Names of Deceased: Husband - Yassin Muhamad Nafawa […][,]
Spouse Najat Hamed Nafawa […] “Address: Mahalla 711/5/17 […] “Is a CERP
condolence payment to the local national’s family appropriate? “Yes. Given the evidence in this investigation, the
deaths of Yassin Muhanad [sic] Nafawa and Najat Hamed Nafawa were an
unintentional consequence during this mission to use their home as an
Observation Post. The family had 8 children. Recommend that the maximum of $ 2500
per fatality (mother and father) be paid in this instance. “Where there
any other civilian casualties or property damage? “Yes. According to LN sources […] there was a child
that had minor wounds and one additional Death - not directly related to the
incident and not independently verified. [redacted] (Aged 20) minor flesh wound
to the upper right arm[.] 4 month old male infant - grandchild of the
deceased who allegedly died do to exposure the morning [sic] of the incident.
According to the family the infant was buried and never brought to the
hospital. No death certificate exists. […] “[…] Statement
of the Family and Witnesses “[…] Name: [redacted] Age 45, Brother of Deceased (Civil
Engineer, speaks broken English) […] “Residence: [redacted] “Statement: He was in his half of the house,
connected to the back of the incident home. He heard the shooting and
responded to the front reception room, where the family had been sleeping. He
found the corpses of his brother and brothers’ wife. The other women of the
house were very frantic. He never observed any soldiers. He called the Iraqi
police, who stated it’s not their problem. However after approximately one hour,
they loaded the bodies in the back of an IP truck and went to the Al Kendy Hospital.
They were DOA. He wanted to know what predicated this event and what ‘justice’
would be done. [redacted] stated that the reason all this occurs is because there
are so many bad guys in the area. American forces as well as Iraq1 citizens
are being hurt by them. If there were no bad guys in the area, the area would
be safe and have no need for American Forces. If criminals/insurgents were
not trying to take freedom from the Iraqi people, then there would be no
military operations. After this explanation the entire family seemed
satisfied. “Later at the scene of the incident he showed us
where his brother’s wife was found. He also stated that he caught his brother’s
wife as she fell, and she died in his arms. (inconsistent) Kadim stated the
hospital recorded the names of the corpse for his brother and brother’s wife
only. He was very upset because the deceased was the sole supporter for both
families that lived at the home. […] “Recommendations
for long term Consequence Management “Compensate the family. Not promised, but C CO
Company commander stated we would investigate and call brother of the
deceased [redacted] with further information. “Create [redacted] talking points - consistent with ‘American
forces committed to security operations, that exist only as long as insurgent
forces operate in area’ and ‘Americans do not conduct assassinations’. […]” |
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Back to Killings
Database - Year 2006 Back to
the Second Gulf War/Iraq Invasion II |
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