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The War Profiteers - War Crimes,
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October 3rd,
2008 - Govt. Uses Contractors to Probe Iraq Contractors |
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Govt. Uses
Contractors to Probe Iraq Contractors State Dept. Move to Let Contractors Probe Complaints Over Other
Contractors May Be Illegal By Kirit Radia ABC News October 3, 2008 In an apparent violation of
federal regulations, the State Department has outsourced to private
contractors the responsibility to investigate possible crimes committed by
security contractors in Iraq. Earlier this year, the State
Department's Bureau of Diplomatic Security hired the private firm U.S.
Investigations Services (USIS) to fill positions in the newly created Force
Investigation Unit (FIU) that investigates potential misuses of force against
civilians by U.S. security contractors. The contract investigators have been
in Iraq since this summer. The FIU was created in the
wake of last year's deadly shooting in Baghdad's Nisoor Square, when 17 Iraqi
civilians allegedly were killed by security personnel employed by Blackwater
Worldwide who were guarding a State Department convoy. The case sparked widespread
outrage and prompted calls for greater oversight of security contractors in
Iraq. According to a contract
obtained by ABC News, the company was hired to supplement Diplomatic Security
personnel. However, the eight USIS contractors hired for the team represent
the majority of the full-time team, an apparent violation of federal
regulations that prohibit such work by contractors. According to Federal
Acquisition Regulation part 7.5, it is not permissible to hire contractors
for jobs "considered to be inherently governmental functions"
including "the direct conduct of criminal investigations." The State Department did not
respond to a list of questions submitted seeking comment, including the
status of the contract and whether such a contract might possibly be illegal. "We received a contract
[and] we've staffed it," USIS spokesman Michael John said. "Since
it's a contract with the Department of State, we serve at the Department of
State's request. "If it's determined
that we can't hold a contract, we obviously won't be doing work on that
contract," he added. After the Nisoor Square
shooting, much of the forensic evidence was cleaned up before an
investigation could take place, making it difficult to build a case against
any individuals who might have been accused of wrongdoing. A State Department review of
the incident recommended the creation of a "Go Team" to prevent
future investigations from being compromised by preserving evidence and
interviewing witnesses quickly after an incident occurs. The team also would
conduct preliminary investigations into weapons discharges and the provision
of condolence payments to victims' families. The move to staff the FIU
"Go Team" with contractors appears to contradict statements made
earlier this year by the top State Department official who headed the review.
Asked by reporters if the teams would be staffed by contractors, Ambassador
Patrick Kennedy replied, "No, no, the [FIU] Go Teams are composed of
State Department employees." The hiring of investigative
contractors has raised concerns in Congress. In a recent letter to
Secretary of State Condoleezza Rice, obtained by ABC News, Sen. Russell
Feingold, D-Wis., called the move to hire contractors for the FIU
"highly troubling" because it called into question "the
department's commitment to improving oversight of its contractors." He urged cancellation of the
contract and manning the FIU solely with government personnel. "Anything less will
further exacerbate tensions within Iraq and the region caused by our
perceived failure to hold U.S. contractors accountable for misuse of force
against civilians," Feingold added. Feingold's letter also
raises concerns about the admissibility in court of evidence not gathered by
law enforcement personnel. "The presence of
contractors in the Force Investigation Unit could jeopardize this
responsibility and undermine the perceived impartiality of the investigation
unit," the letter says. Feingold's office says it
has not yet received a response from the State Department. After the shooting in Nisoor
Square, the State Department implemented a number of changes in convoy
operating procedures, including the placement of cameras in all convoy
vehicles to document potential incidents and a requirement that all department
convoys in Iraq must be accompanied by a Diplomatic Security agent. Feingold also calls into
question the need to hire the contractors in the first place, pointing out
that the State Department has received funding to hire an additional 100
Diplomatic Security personnel to meet the increased demand for agents in
Iraq. Peter Singer, an expert on
private security contractors at the Brookings Institution, agreed with the
federal regulation prohibiting contractors from conducting criminal
investigations. "The key question is
not whether can a contractor do it, but rather should a contractor do
it," Singer said. "There are some things that you outsource because
it makes sense and it might yield better efficiency. But there are other
functions that are inherently governmental, which you just can't outsource. "From the perspective
of governmental regulations now, overseeing investigations of a criminal law
nature is an in-house job," he added. "Even more, from the
perspective of common sense, it's a no-brainer. You don't have those outside
the government as an investigating authority over potential crimes,
particularly those in a war zone." Despite numerous allegations of
misconduct by some of the 20,000 contractors in Iraq, to date, none have been
prosecuted. Copyright © 2008 ABC News
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