The War Profiteers - War Crimes, Kidnappings & Torture

 

January 23rd, 2010 - Biden Says US to Appeal Blackwater Court Decision

News article from Agence France Presse

News article from the New York Times

Summary of the Blackwater Killings

Biden Says US to Appeal Blackwater Court Decision

 

By Salam Faraj

Agence France Presse

January 23, 2010

 

Baghdad - Vice President Joe Biden on Saturday announced an appeal into a US court decision to drop charges against an American firm whose security guards are accused of killing 14 Iraqi civilians in 2007.

 

"A dismissal is not an acquittal," Biden told reporters during a visit to Baghdad, referring to the case involving the five guards employed by the private company formerly known as Blackwater.

 

"Today I am announcing that the United States government will appeal this decision. Our justice department will file that appeal next week," he said.

 

Iraq welcomed Biden's remarks with Foreign Minister Hoshyar Zebari saying it was "good news."

 

"This is a very important issue for the Iraqi people and the US government responded positively to a request from the foreign ministry to appeal against the court ruling, which is very good news," Zebari said.

 

The five guards, who had been part of a convoy of armoured vehicles, had been charged with killing the civilians and wounding 18 others in an attack using guns and grenades at Baghdad's busy Nisur square in September 2007.

 

Charges against the Blackwater employees were dismissed last year, when a judge ruled US prosecutors violated their rights by using incriminating statements they had made under immunity during a State Department probe.

 

The ruling outraged the Baghdad government which maintains that 17 people were killed.

 

"The United States is determined to hold to account anyone who commits crimes against Iraqi people," Biden added.

 

"While we fully respect the independence and the integrity of the US judicial system, we were disappointed with the judge's decision to dismiss the indictment which was based on the way some evidence had been acquired."

 

The Iraqi government said this week it was considering lodging its own complaint against Blackwater, which has since been renamed Xe, to seek compensation for the families of the victims.

 

In his ruling on December 31, US federal judge Ricardo Urbina found prosecutors violated the guards' rights by using incriminating statements they had made under immunity during the US State Department probe.

 

The decision was welcomed by the US company, but several senators including 2008 Republican presidential candidate John McCain have since voiced regret at the ruling and called for a US government appeal.

 

But the admissibility of the Iraqi government complaint is uncertain because all of the families except one agreed damages from Xe, according to a lawyer injured in the incident.

 

The lawyer, Hassan Jabbar Salman, said the families of those killed were offered 100,000 dollars and those wounded received between 20,000 and 50,000 dollars from the US security firm.

 

Blackwater Worldwide changed its name in February 2009, following what the company said was a change of business focus.

 

Critics however suggested that the rebranding was an effort to polish an image tarnished by an alleged culture of lawlessness and lack of accountability among Blackwater workers as they carried out their duties in Iraq.

 

Biden, President Barack Obama's pointman on Iraq, arrived in Baghdad late on Friday.

 

The main thrust of his visit was to defuse a row over the banning of hundreds of candidates from a March 7 general election over their alleged links to executed dictator Saddam Hussein.

 

Copyright © 2010 AFP.

 

External link: http://www.google.com/hostednews/afp/article/ALeqM5iH3LQK6I0tQSuKatdxAFfND3t2BA


U.S. to Appeal Blackwater Case Dismissal, Biden Says

 

By Anthony Shadid

New York Times

January 23, 2010

 

Baghdad - Vice President Joseph R. Biden Jr. promised Iraqi leaders on Saturday that the United States would appeal the dismissal of manslaughter charges against five Blackwater Worldwide security contractors involved in a deadly shooting here that has inflamed anti-American tensions.

 

Mr. Biden, tasked by the Obama administration to oversee policy in Iraq, made the statement after a day of meetings with Iraqi leaders that dealt, in part, with a political crisis that has erupted over the March 7 parliamentary elections. American officials view the vote, a barometer of the durability of Iraq’s political system, as a crucial date in American plans to withdraw tens of thousands of combat troops from Iraq by the end of August.

 

The vice president expressed his “personal regret” for the Blackwater shooting in 2007, in which contractors guarding American diplomats opened fire in a crowded Baghdad traffic circle, killing 17 people, including women and children.

 

“A dismissal is not an acquittal,” he said after meeting President Jalal Talabani.

 

Investigators had concluded that the guards fired indiscriminately on unarmed civilians in an unprovoked and unjustified attack. The guards contended that they had been ambushed by insurgents and fired in self-defense.

 

In December, in a decision that was a blow to the Justice Department and unleashed anger and disbelief in Iraq, a federal judge threw out the five guards’ indictment on manslaughter charges, citing misuse of their statements that violated their constitutional rights. The judge’s scathing and detailed ruling was expected to make any appeal difficult.

 

“This is great news,” Abdel-Amir Jihan, who was wounded in the shooting, said after hearing of Mr. Biden’s announcement. “The court was not fair to us. We felt great injustice when we heard the verdict. It was not right to drop the charges against them.”

 

Mr. Biden was scheduled to leave Saturday evening after a 24-hour visit that involved meetings with most of the pivotal players in the election crisis. That dispute erupted this month after a government commission barred more than 500 candidates, accusing them of supporting Saddam Hussein’s Baath Party. While some leaders have insisted that the disqualifications adhered to Iraqi law, many Sunni Muslims have seen them as score-settling by religious Shiite parties who suffered under Baath Party rule, and American officials have worried that the move could impair the vote’s legitimacy.

 

American officials have warned Iraqi leaders to avoid a process that, in the words of Mr. Biden’s national security adviser, Antony J. Blinken, “lacks transparency and fairness and credibility.” But as expected, there was no breakthrough in the meetings, and Mr. Biden, who spent the day shuttling between meetings, stressed that the United States would not impose a solution.

 

“I want to make clear I am not here to resolve that issue,” he said. “I am confident that Iraq’s leaders are seized with this issue and are working for a final, just solution.”

 

Before his meeting with Prime Minister Nuri Kamal al-Maliki, though, Mr. Biden alluded to how frequently American mediation - especially his own, over the course of three trips here since he became vice president - has been necessary. He jokingly told Mr. Maliki: “I’ve come to apply for citizenship. I’ve been here enough.”

 

The crisis has proved intractable in part because of its very nature: a legal process with obvious and sweeping political effects, seized on by Iraqi leaders with competing interests.

 

In Mr. Biden’s meeting with Mr. Maliki, officials said, the prime minister insisted that the disqualifications were simply a legal issue. But Mr. Maliki’s critics have accused him of politicizing the issue as much as anyone, and in a speech on Friday, he took an especially hard line, saying that the barring of candidates in itself did not go far enough.

 

And while many of the most senior Iraqi officials have warned the United States against interference in Iraq’s affairs, others - especially many of the Sunni politicians who were barred from running - have sought American intervention.

 

American officials have said that, despite the current political crisis, they do not foresee any delay in this August’s withdrawal of the main body of American combat troops.

 

A notable step in that process happened Saturday when the Marine Corps handed over security duties in Anbar Province, once a cradle of the insurgency, to United States Army soldiers. The move formally ended the seven-year-long Marine presence in Iraq, in effect signaling the end of heavy combat operations.

 

As many as 25,000 Marines were once in the country, and the remaining few thousand are expected to leave within weeks.

 

Copyright 2010 The New York Times Company.

 

External link: http://www.nytimes.com/2010/01/24/world/middleeast/24iraq.html

Back to news & media - year 2010

Back to main archive

Back to main index