Deborah Haynes in Baghdad
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Manslaughter charges have been laid against five Blackwater security guards alleged to have used machineguns and grenade launchers against unarmed Iraqi civilians, including children, last year.
The carnage in Nisoor Square, Baghdad, on September 16, 2007, left 17 people dead and prompted global outrage about the role of American security contractors operating beyond the reach of the law in Iraq.
The five who were accused yesterday returned to America after the shooting. Officials from the US Justice Department held a press conference to announce a list of indictments against them. These included 14 counts of manslaughter, charges of attempted manslaughter of 20 others and violation of weapons law.
Jeffrey Taylor, a federal prosecutor, said: “None of the victims was armed. None was an insurgent. One victim was shot in the chest while standing in the street with his hands up.”
Joseph Persichini, the FBI assistant director, said: “The tragic events . . . were shocking and a violation of basic human rights. These individuals must be held accountable not just for the American people but for the Iraqi men, women and children whose lives were destroyed.”
The men were named as Donald Ball, a former Marine from West Valley City, Utah; Dustin Heard, a former Marine from Knoxville, Tennessee; Evan Liberty, a former Marine from Rochester, New Hampshire; Nick Slatten, a former Army sergeant from Sparta, Tennessee; and Paul Slough, an Army veteran from Keller, Texas. A sixth guard, identified as Jeremy Ridgeway, from California, admitted in a plea deal to killing at least one Iraqi in the shooting. A date for his sentencing has not been set.
Although the case has already been assigned to a court in Washington the guards surrendered in Utah yesterday, saying that they wanted the case moved to the conservative state where there is strong support for gun ownership and the war in Iraq.
Executives from Blackwater, the largest security contractor in Iraq, have not been charged. They said previously that their guards were ambushed by insurgents while responding to a car bombing.
The shooting occurred soon after noon when three Blackwater teams escorted a military unit back to the heavily fortified green zone in Baghdad. A car bomb detonated, followed by the armed stand-off. Witnesses said that the guards opened fire without provocation.
“We think it’s pure and simple a case of self-defence. Tragically, people die,” said Paul Cassell, a lawyer in Utah who is representing the men.
The defence team was expected to file documents challenging the authority of the Justice Department to prosecute private contractors for crimes committed overseas. There are also questions about whether the firearms charges, carrying a 30-year mandatory prison term, should be applied to such a case when the law banning machineguns was designed to apply to drug dealers.
Some accused the Justice Department of bowing to international pressure. “We are confident that any jury will see this for what it is: a politically motivated prosecution to appease the Iraqi Government,” said Steven McCool, a defence lawyer.
Relatives of the victims are demanding the death sentence. Haythem al-Rubaie, a doctor, lost his wife, Mahasen Muhsen, and their son Ahmed, 20, in the incident. Both received multiple bullet wounds and were burnt badly when their car exploded as a result of the shooting, he told The Times. Mr al-Rubaie said that the man who pulled the trigger “should be given 20 souls and executed 20 times”.
He recalled how witnesses told him that Ahmed, a medical student, was hit in the head by gunfire.
“I counted over 60 bullets in the side of the car,” the doctor said, his voice straining with emotion. “We express our sorrow and displeasure that it has taken 14 months just to decide whether they will prosecute them or not.”
Muhammad al-Kinani also lost his son. “A death sentence is the least thing,” he said. “In addition the director of Blackwater should be taken to trial.” Mr al-Kinani had been in the car with his son. He said that Blackwater vehicles closed the road ahead and traffic had come to a stop. He heard three or four gunshots. The situation was calm, he said. Then one Iraqi vehicle edged forwards. “When they saw that, they opened fire with full force. They completely destroyed the car,” he added.
After about 12 minutes the shooting stopped. To his horror Mr al-Kinani discovered his son Ali, 9, slumped against the passenger door. “When I opened the door he tumbled out,” Mr al-Kinani said, breaking down in tears.
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