[NYTr] Center for Constitutional Rights Sues Blackwater

[All the News That Doesn't Fit]

BBC News - Oct 11, 2007
http://news.bbc.co.uk/2/hi/americas/7039912.stm

US rights group sues Blackwater

Blackwater provides security to US diplomatic staff in Baghdad
A US human rights group says it is suing private security firm
Blackwater for unspecified damages for war crimes and wrongfully
killing Iraqi civilians.

The Center for Constitutional Rights is acting on behalf of an injured
survivor and three families of men killed by Blackwater guards on 16
September.

The Iraqi government said the incident in which 17 people died was
unprovoked. Blackwater denies firing without cause.

The case has put a spotlight on private military contractors in Iraq.

BLACKWATER USA FACTS:

- Founded in 1997 by a former US Navy Seal
- Headquarters in North Carolina
- One of at least 28 private security companies in Iraq
- Employs 744 US citizens, 231 third-country nationals, and 12 Iraqis to
protect US state department in Iraq Provided protection for former CPA
head Paul Bremer Four employees killed by mob in Falluja in March 2004

The action claims Blackwater "created and fostered a culture of
lawlessness amongst its employees, encouraging them to act in the
company's financial interests at the expense of innocent human life,"
the centre said in a statement.

It has been filed in Washington on behalf of Talib Mutlaq Deewan and
the estates of Himoud Saed Atban, Usama Fadhil Abbass, and Oday Ismail
Ibraheem, the group said.

"This senseless slaughter was only the latest incident in a lengthy
pattern of egregious misconduct by Blackwater in Iraq," said lawyer
Susan Burke. The group say its complaint alleges Blackwater is liable
for claims of assault and battery, wrongful death, emotional distress
and negligence.

Blackwater has the contract for guarding US embassy staff in Baghdad
and is also used both by visiting businesspeople and officials.

It insists its staff were acting in legitimate self-defence, and that
they had been fired on by insurgents first.

Monitor allegations

Separately, the UN has called for private security contractors in Iraq
to face prosecution if they are accused of serious crimes.

The UN's human rights official in Iraq, Ivana Vuco, said private guards
were subject to international law, despite being given immunity by a US
directive following the US-led invasion of Iraq in 2003.

"For us, it's a human rights issue," said Ms Vuco. "We will monitor the
allegations of killings by security contractors and look into whether
or not crimes against humanity and war crimes have been committed."

Iraqi ministers say they are determined to press ahead with legislation
that would strip foreign security personnel in Iraq of this protection.

The behaviour of private security companies in Iraq was further
highlighted on Tuesday with the killing of two Baghdad women by
security guards from an Australian-run firm.

                            ***

Center for Constitutional Rights - Oct 11, 2007
http://www.ccr-ny.org/v2/reports/report.asp?ObjID=KscIG9NbI2&Content=1127

Blackwater USA Sued for Firing on Iraqi Civilians, According to 
Legal Team for Injured Survivor and Families of Three Killed

Synopsis

On October 11, 2007, a legal team including the Center for
Constitutional Rights (CCR) sued Blackwater USA, the private military
contractor whose heavily armed personnel allegedly opened fire on
innocent Iraqi civilians in Nisoor Square in Baghdad on Sept. 16.

The suit was filed on behalf of an injured survivor and three families
of men killed in the incident, according to the legal team representing
the civilians. The case was brought be the Center for Constitutional
Rights and the firms of Burke O'Neil LLC and Akeel & Valentine, P.C.

Filed in Washington, D.C. federal court by Talib Mutlaq Deewan and the
estates of the deceased men - Himoud Saed Atban, Usama Fadhil Abbass,
and Oday Ismail Ibraheem - the lawsuit claims that Blackwater and its
affiliated companies violated U.S. law and "created and fostered a
culture of lawlessness amongst its employees, encouraging them to act
in the company's financial interests at the expense of innocent human
life."

The complaint alleges that Blackwater violated the federal Alien Tort
Statute in committing extrajudicial killing and war crimes, and that
Blackwater should be liable for claims of assault and battery, wrongful
death, intentional and negligent infliction of emotional distress, and
negligent hiring, training and supervision.

Susan L. Burke, of Burke O'Neil LLC, stated, "This senseless slaughter
was only the latest incident in a lengthy pattern of egregious
misconduct by Blackwater in Iraq. At the moment of this incident, the
Blackwater personnel responsible for the shooting were not protecting
State Department officials. We allege that Blackwater personnel were
not provoked, and that they had no legitimate reason to fire on
civilians. We look forward to forcing Blackwater and Mr. Prince to tell
the world under oath why this attack happened, particularly since a
Blackwater guard tried to stop his colleagues from indiscriminately
firing."

Michael Ratner, of the Center for Constitutional Rights, stated,
"Blackwater's repeated and consistent failure to act in accord with the
law of war, U.S. law, and international law harms our nation and it
harms Iraq. For the good of both nations, as well as for countless
innocent civilians, the company cannot be allowed to continue operating
extra-legally, providing mercenaries who flout all kinds of law. This
lawsuit, like the ongoing U.S. and Iraqi government investigations,
cannot bring back those killed at Nisoor Square but it can make
Blackwater accountable for its actions."

Shereef Hadi Akeel, of Akeel & Valentine, P.C., stated, "Mr. Deewan and
the families of the men killed deserve to know the truth about what
happened at Nisoor Square, and they deserve justice. Incidents like
this one and the many others that have made their way into government
reports and news accounts must end. To let the extreme and outrageous
conduct alleged in this lawsuit continue only diminishes the work of
the Iraqi people and the many honorable men and women in uniform who
have paid such a high price in their efforts to stabilize Iraq."

The lawsuit seeks compensatory damages for death, physical, mental, and
economic injuries, and punitive damages.

The defendants include Blackwater USA, Blackwater Security Consulting
LLC, The Prince Group LLC, a holding company, and Blackwater founder
Erik Prince.

Mr. Deewan and the estates of the dead men are represented by Susan L.
Burke, William T. O'Neil, Elizabeth M. Burke, and Katherine R. Hawkins
of Burke O'Neil LLC, of Philadelphia; Michael A. Ratner and Vincent
Warren, of the Center for Constitutional Rights, of New York; and
Shereef Hadi Akeel, of Akeel & Valentine, P.C., of Birmingham, Mich.

The case is Estate of Himoud Saed Atban, et al. v. Blackwater USA, et
al. in the U.S. District Court for the District of Columbia.