Documents received from the Department of the Army in response to ACLU Freedom of Information Act Request
The following is composed of approximately 13,000
pages of records accounting for over 800 claims for compensation relating
either to the Foreign Claims Act or to the Commander's Emergency Response
Program (CERP Condolence) payments
(Released March 2010 | Learn
More: The Human Cost of War - Civilian Casualties in Iraq & Afghanistan)
| Document | Agency | Incident Date | Specific Location | Description |
| Army Bates 23836-23844 | Army | 12/31/06 | Iraq (Forward Operating Base Speicher) | On December 31, 2006, a Mortar Platoon, while attempting to register a mortar at a grid fired a registration round at a home. The round went through the roof the house and detonated inside the home, killing one civilian male and resulting in minor injury to one civilian female. The soldier who fired the round acknowledged that he deviated from the Rules of Engagement but that it was a tactical choice. An Army 15-6 investigation ensued. The investigation itself and the results are redacted. No statement of whether compensation for the casualties was paid. |
| Army Bates 23845-23855 | Army | 12/31/06 | Iraq (Forward Operating Base Speicher | Related to 23838-23844. This is the Army 15-6 investigation for the December 31, 2006, incident in Iraq. Parts of the 15-6 are redacted. Additional details shows that the family's son was killed and daughter had lacerations to the scalp. Still no statement of whether compensation was paid. |
| Army Bates 23856-23876 | Army | 12/31/06 | Iraq (Forward Operating Base Speicher | Related to 23838-23844 and 23845-23855. This is some of the witness statements of the Army 15-6 investigation for the December 31, 2006, incident in Iraq. Parts of the 15-6 are redacted. Still no statement of whether compensation was paid. |
| Army Bates 23877-23896 | Army | 12/31/06 | Iraq (Forward Operating Base Speicher | Related to 23838-23844, 23845-23855 and 23856-23876. More witness statements from the Army 15-6 investigation for the December 31, 2006, incident in Iraq. Parts of the 15-6 are redacted. Witness statement of a Lieutenant Colonel on the scene informs that young male child was killed and young female child was in shock and had had lacerations to the head. Also informed that the LTC had informed the soldier who had fired the mortar that he had violated two separate established directives. The soldier also informed LTC that he believed he, the soldier, was at fault. Within 24 hours of the incident the LTC returned to the scene and paid a solatia payment to the father of the deceased. |
| Army Bates 23897-23899 | Army | 12/31/06 | Iraq (Forward Operating Base Speicher | Related to 23838-23844, 23845-23855, 23856-23876 and 23877-23896. More witness statements from the Army 15-6 investigation for the December 31, 2006, incident in Iraq. Parts of the 15-6 are redacted. |
| Army Bates 23900-23900 | NA | NA | NA | Redacted based on FOIA exemption. |
| Army Bates 23901-23921 | Army | 12/31/06 | Iraq (Forward Operating Base Speicher | Related to 23838-23844, 23845-23855, 23856-23876, 23877-23896 and 23897-23899. Pictures from the Army 15-6 investigation for the December 31, 2006, incident in Iraq. Many pictures completely redacted. |
| Army Bates 23922-23923 | Army | 12/31/06 | Iraq (Forward Operating Base Speicher | Related to 23838-23844, 23845-23855, 23856-23876, 23877-23896, 23897-23899 and 23901-23921. Memorandum requesting $5,000 for condolence payment for the December 31, 2006, incident in Iraq for death of son and injury of daughter. Condolence payment in the amount of $5,000 approved and signed off by Stanley A. McChrystal, Lieutenant General. |
| Army Bates 23924-23927 | Army | 01/04/05 | Irbill, Iraq | Vehicle approached U.S. personnel. U.S. personnel fired on vehicle, then engaged in small arms fire. Engaged the "enemy" in nearby building. Firing ignited flammable liquid on target building and building was set on fire. Does not state specifically who was killed but notes that "use of deadly force" was appropriate. Recommends no further investigation no mention of if any compensation paid to individual/s against whom deadly force was used. |
| Army Bates 23928-23971 | Army | 11/29/05 | Abu Graib, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. According to an Iraqi witness statement a group of men were driving in a car when they noticed an U.S. convoy behind them. The car moved to the side of the road to let the convoy pass but the convoy began firing on the car. Two brothers were killed. The convoy gave the other occupants in the car a claims card to seek compensation under the FCA. A claim was submitted under the FCA by the sister of the two men who were killed by gunshot wounds. The sister sought $3,000 for the death of each of her brothers, totaling $6,000. The Army suggested $5,000 instead and the claim was settled for that amount. Pictures of the car included in the file show severe damage to the car. |
| Army Bates 23972-24008 | Army | 04/06/06 | Abu Graib, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Iraqi woman submits claim that her husband and son were killed when their vehicle was fired on by U.S. forces. Iraqi woman requests $3,000 for the death of her husband, $3,000 for the death of her son, and $6,300 for the damage to the car. The Army suggested $11,000 instead and the claim was settled for that amount. Notably, the letter to the claimant notifying her that her claim was granted does not apologize for the death of her husband and son, and instead only acknowledges the damage to the car, stating: "Allow me to express my sympathy for the damage to your personal property." |
| Army Bates 24009-24023 | Army | 11/04/08 | Abu Graib, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Iraqi woman submits claim that her brother was driving in Abu Graib, when US Forces (C/I-87) convoy, driving in the wrong direction, hit her brother's vehicle, killing her brother and destroying her brother's vehicle. Claimant requested $12,000 in compensation. The Memorandum For Record suggested a settlement of $7,500 and there is a claim receipt showing that $7,500 was to be paid. However, the front of the file reads "approve $7,000." |
| Army Bates 24024-24058 | Army | 12/02/06 | Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Iraqi woman submits claim that US Forced fired on a car and killed her husband and two sons. Iraqi woman requests $3,000 for each of the three deaths and $1,500 for the damage to the vehcile. US authorities appear to be unable to locate the incident in their Significant Act database and suggest running the names of the victims through BATS (a system that captures names of military aged men in Iraq) and notes that a condolence payment may be an option. The claim however is ultimatley denied with the letter explaining that: "Allow me express my symphathy for hte loss you have sufferred, however, in accordance with the cited reference and teh investigation into your claim, I find that you claim is not compensible . . . . your claim was denied for the following reason: Combat Activity - The Proximate cause of the incident was combat activity by the US Forces." |
| Army Bates 24059-24111 | Army | 07/25/06 | Abu Mansser, Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Iraqi woman submits claim that Multi-National Forces fired on a car and killed her husband. Iraqi woman requests $3,000 for death of husband and $6,000 for damage to the car. On the claim card is written a note that it is suggested that the claim should be denied and another note states "still could be condolence." Ultimatley the claim denied with the letter explaining that: "Allow me express my symphathy for hte loss you have sufferred, however, in accordance with the cited reference and the investigation into your claim, I find that you claim is not compensible . . . . your claim was denied for the following reason: Lack of Evidence - There is not enough evidnece that U.S. Forces' Negligence is the proxmiate cause of your damages." The Iraqi woman sought reconsideration of her claim, but it was denied a second time, again for lack of evidence. |
| Army Bates 24112-24132 | Army | 04/16/06 | Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Iraqi man submits claim that on April 16, 2006, US Forces helicopters were chasing a suspect when his wife exited their home to make sure that their children were okay. When his wife went outside she was attacked by an army dog. According to the man US soldiers took his wife in the helicopter to get her medical help but she died. The Iraqi man spent 2 months locating his wife's body as it was not returned to him. The Iraqi man sought $10,000 in compensation. The "General Information Center, Al-Radhwanya-Baghdad, Iraq" - an intermediary between Iraqi civilians and US Forces suggested that the entire amount be paid. US Forces paid the claim for $2,500. |
| Army Bates 24133-24155 | Army | 09/24/05 | Bayji, Iraq | Claim by Iraqi civilians for compensation under the Foreign Claims Act. The widows of three Iraqi men and one wounded Iraqi man submit claims that the four men were working in an industrial area when they heard Coalition Forces approach and decided to leave the area but not before putting their car in a garage. As they were doing so they were fired upon. The lawyer for the claimants explained that the US Forces may have thought that the men were Anti-Iraqi Forces. The claimants asked for $2,500 for each death and for $1,500 for the injured individual. The claim was denied on the ground that the Significant Act Database lists the four men as part of AIF with the official stated reason for denial being: "The evidence shows that United States Forces did not cause the damage." |
| Army Bates 24156-24175 | Army | 08/08/05 | Tikrit, Iraq | Claim by Iraqi civilians for compensation under the Foreign Claims Act. Iraqi civilians claim that two of their husbands were killed and a third man Fawzi Jassim Hussein claimed he was injured when, while they were driving along a highway a Coalition Forces Convoy approached them from behind and began firing on them. The claimants sought $2,500 for each death and $1,500 for the Hussein's personal injuries. The claim was denied for the following reason: "The evidence shows that the damage was caused during combat." |
| Army Bates 24176-24187 | Army | 10/11/05 | Ber Ahmed, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Iraqi civilian claims that he and his brother were walking into their village when he and his brother were fired upon by Coalition Forces. One brother was killed. The other brother filed a FCA claim seeking $3,000 for his brother's death. The Memorandum of Opinion suggested denying the claim because there was a Significant Act Database entry that US Forces were in the area looking for an Improvised Explosive Devise Cell Member and according to the Memorandum the fact that the US Forces were on a mission made the incident come within the combat exemption to the FCA. Ultmately the letter sent to the Iraqi civilian states that the reason the claim was denied was because "[t]here is not enough evidence to prove your claim." The file also contains an email from the investigating officer seeking help understanding the autopsy report because the autopsy report lists the cause of death as head injury and not a bullet; the investigating officer notes in his email that "The Claimant appears to be credible, and I would like to give a condolence payment ot the deceased's family, but of course, I need ot verify the incident and get some more information." Nothing in the file suggests that a condolance payment was made. |
| Army Bates 24188-24236 | Army | 11/30/05 | Tikrit, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Iraqi civilian claims that while he and his cousin were riding in a car headed toward a gas station a Coalition Forces Convoy approached and they somehow ended up in the middle of the convoy. The convoy began firing at them. Claimant's cousin was killed, claimant was injured and his car was damaged. Claimant filed claim seeking $10,551. In the letter sent to Claimant his claim was denied on the following ground: "The evidence shows that the damage was caused during combat." |
| Army Bates 24237-24254 | Army | 03/24/05 | Baqubah, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Iraqi civilian claims that a US Forces tank hit her husband's car, killing her husband and destroying his vehicle. An Iraqi witness statement states that he witnessed two US Forces vehicles sandwich the husband's car and when the husband sought to deviate onto the street in order to longer be trapped between the two US Forces vehicles that one of vehicles came upon the husband's vehicle and he and his car were crushed. The witness also states that when the witness sought to help the victim that he was prevented from doing so by US Forces. A note on the claim card states "I recommend approval and payment for $6,000. $2,000 for car $4,000 for the dead man." The claim was approved in the amount of $6,000. |
| Army Bates 24255-24283 | Army | 07/07/05 | Al Muqdadiyah, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Iraqi civilian claims that his uncle was driving when he was hit by a US Forces Bradley vehicle. The uncle was killed and the car was destroyed. A Significant Act database entry confirmed the incident. The Claimant asked for $15,000 for the death of his uncle and damage to the vehicle. The claim was approved for $7,000 - composed of $2,000 for the vehicle and $5,000 for the death of the uncle. |
| Army Bates 24284-24305 | Army | 11/21/05 | Baqubah, Iraq | Claim filed by Iraqi civilian for compensation under the Foreign Claims Act. Incident on November 21, 2005, at Baqubah, Iraq appears to relate to the deaths of three civilians and injury to another two civilians; however, the claim itself is by a Claimant seeking recorvery for the death of his brother. The Memorandum of Opinion describes the incident as follows: "Claimant's brother was killed when elements of 3d BCT, 3d ID and 3rd BN, 3d BDE, 5 DIV IA shot vehicle when they were leaving the gate." The Memorandum suggested, and payment was made, in the amount of $6,000. Iraqi witness statements paint a horrific scene. According to these witness statements the car had several invidiudals in it, including at least one baby. The car was over 200 meters from the US Forces and yet the US Forces fired on the vehcile. The bodies were layed out on the ground. The witness statements reported that the firing was heavy. The Claimant wrote the following in his statement: : “and it is against all the heaven laws and the international laws and the human rights where three individuals of my family were killed and injured two of them . so I demand from the US forces to pay a big compensation about this criminal incident and you know well the details of the incident where after the accident, the US forces seized the place of the incident and informed the Iraqi police about the incident . and this is my evidence.” |
| Army Bates 24306-24348 | Army | 12/02/05 | Iraq | Claimed filed by Iraqi civilian for compensation under the Foreign Claims Act. The Foreign Claims Commission describes the incident as follows: "The claimant alleges that on 2 December 2005, U.S. forces raided her house, killed her son and took her car, some money, gold, and furniture. The amount requested is $35,000." The Iraqi witness statments go in to more depth. According to the Claimant's statement, US Forces knocked on her door and she let them in. They took her and her daughter to a room, meanwhile they arrested her older son and placed a bag over his head, when her younger son saw this he began to run and was shot 11 times by US Forces and thrown off of a roof. His body was not returned to the family and the family located it 26 days later in the morgue. The older son was released after being held by US Forces for five days. The mother filed a complaint against the US Forces wherein she wrote: "After 26 days we found him at the [morgue]. I want to aks why the Coalition Forces lied to about this subject and they said they took thim to Salman Pak? Why did they kill my son? What he had done to the Coaltion Forces?" The claim was settled for $10,000. |
| Army Bates 24349-24394 | Army | 01/06/06 | Adiwaniya, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. The claimant's son was killed when a US Forces patrol shot him. Claimant's father sought $10,000. The Army memorandum recognizes that the claim is compensable under the FCA and that there was negligence on the part of US Forces because the "placement of the warning shots into the ground directly in front of the oncoming vehicle established guidance concerning warning shots and their placement." The claim was compensated for $3,500 because, according to the Army's Memorandum "the decedent was contributory negligent." |
| Army Bates 24395-24452 | Army | 01/06/06 | Falluja, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. According to the Army's Memorandum, claimant alleges that US Forces raided her home destroying it, arrested her husband and son. Her son was released a week later, but her husband was shot during the raid, taken to a US hospital facility where he died. The claimant, however, was not given her husband's body back. She found his body at a hospital four months after his death. The Army Memorandum states that the "FCA permits compensation for damages caused by the negligent and wrongful acts of US forces. Upon review of the claim, payment is granted. . . . The claim is granted in the amount of $12,000." |
| Army Bates 24453-24513 | Army | 01/06/06 | Falluja, Iraq | Related to 24395-24452, no additional information. |
| Army Bates 24514-24551 | Army | 10/31/05 | Kirkuk, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant alleges that his son, while driving with his wife and children, came upon a US Forces convoy. The convoy fired on the claimant's son, killing him. Claimant seeks $2,620. After a 15-6 investigation the FCA claim was denied, because according to the Army, the local national was negligent because other vehicles that approached the convoy came to a complete stop and turned on their headlines. (Initially the FCA claim was denied because of insufficient evidence.) The Army Memorandum notes the deceased man's wife was paid a $2,500 condolence payment and that the Army also sought to pay $300 for damage to the vehicle. |
| Army Bates 24552-24646 | Army | 11/03/05 | Tuz, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant seek $28,438 for deaths of claimant's brother and nephew and damage to vehicle as a result of collision with US Forces vehicle. The Army Memorandum rejects the claim under the FCA stating that "The claim is not meritorious. The families have already by been compensated for the deaths from the Unit's Bulk Fund. The claimant does not have a [Power of Attorney] from the widow to file on her behalf for compensation for the damage to the vehicle." The reference to "Bulk Fund" is reference to a $5,000 payment made to the families of the victims, which is composed of two $2,500 condolence payments. |
| Army Bates 24647-24686 | Army | 02/21/05 | Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant alleges that his son was driving with his uncle to a gas station when US Forces fired on their vehicle. Claimant seeks $10,000. The Army Memorandum states: "The FCA permits compensation for damages caused by the negligent and wrongful acts of U.S. Forces. Upon review of this claim, payment is offered." Thus the claim was compensable under the FCA. The Army offered and settled the claim for $4,000. |
| Army Bates 24687-24710 | Army | 12/14/05 | El-Shurqat, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant filed claim of $4,000 for damages sustained to his vehicle (bullet holes in engine and windshield). Claimant alleges he did not see signals to stop as he was driving near an election site. US Forces state that proper Escalation of Force occurred to deal with claimant's vehicle repeatedly trying to bypass barriers around the election site. Claim was denied because damage to car happened in "direct or indirect" combat activity. |
| Army Bates 24711-24744 | Army | 08/27/05 | Al-Duluyia, Saleh Din, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant "alleges that her husband and son were killed by [Coalition Forces] when they were herding water buffalo. The two decedents were allegedly migrant workers setting up temporary housing along the river bank. A SIGACTS investigation revealed that an IA battalion received small arms fire from [Anti-Iraqi Forces] hiding in the reeds along the canal. TF 1-15 responded to the attack and killed 2 AIF." Claimant sought $10,000 - $5,000 for the deaths and $5,000 for psychological damage. The claim was denied on the grounds that the damage resulted from combat activity and because "it is against public policy to pay for claims for the deaths of AIF." |
| Army Bates 24745-24766 | Army | 09/03/05 | Ishaki, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. The Claimant alleges that her husband, was killed by a Coalition Forces convoy. The convoy allegedly shot and killed the deceased while he was driving in the traffic circle in Al Ishaki. A SIGACTS investigation revealed that TF 5-7 conducted an Escalation of Force in the vicinity of the alleged incident. According to the Army, the claimant's husband's vehicle approached from the rear of the convoy at a high rate of speed. One warning shot was fired with no effect. A second warning shot was fired which traveled through the hood and struck the deceased in the neck. Claimant's request for $2,500 wrongful death was denied because the incident occurred during combat activity. |
| Army Bates 24767-24771 | Army | 12/12/06 | Samarra, Iraq | Claim by Iraqi civilian for compensation under the Commander's Emergency Response Program (CERP). Claimant alleges that his brother was killed during joint raid between Coalition Forces and the Iraqi Army. A $2,500 CERP condolence payment was approved, but funds have not been delivered. |
| Army Bates 24772-24790 | Army | 09/30/05 | Abu Graib, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant alleges that her husband was shot and killed by US Forces when they were engaging in a mission. The claim was denied on the basis that insufficient evidence supported the claim but a $2,500 condolence payment was approved (though there is note in file that funds have not been received yet). |
| Army Bates 24791-24822 | Army | 08/07/07 | Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant alleges that her son was injured and her husband was killed when they were caught in the cross-fire between elements of D/2-12 CAV and AIF. Upon determination that victim's were not involved in anti-US activity, $3,500 condolence payment was approved ($2,500 for husband and $1,000 for son's injuries), but claimant has not yet received funds. Claimant's FCA $40,000, (Though GIC recommended it for payment of $13,000 ($9,000 for car, $2,500 for husband's death and $1,500 for son's injury)) was denied. |
| Army Bates 24823-24878 | Army | 07/20/05 | Abu Graib, Baghdad, Iraq | Claim by Iraqi civilian under the Foreign Claims Act. Claim by wife and son of Iraqi civilian taxi driver who was killed by gunshot wounds when US Forces fired on his taxi. Witness statements of wife and son request compensation for the death and for damage to the taxi. $3,000 paid in compensation: $500 for damage to car and $2,500 for death of husband. Many pages of foreign language text redacted. |
| Army Bates 24879-24912 | Army | 08/03/05 | Abu Graib, Baghdad, Iraq | Claim by Iraqi civilian under the Foreign Claims Act. On August 3, 2005, claimant's father was killed by gunshot wounds when US Forces fired on his car. $6,300 claimed in damages for the death of claimant's father and damages to the father's car. On December 15, 2005 an Army department claims attorney found no compensable action due to lack of evidence of wrongful actions by US Forces. Decision appealed on December 20, 2005. In April 2006, compensation in the amount of $2,500 was approved. |
| Army Bates 24913-24933 | Army | 04/08/05 | Al Atyfia, Iraq | Claim by Iraqi civilian under the Foreign Claims Act. Claimant's son was killed by gunshot wounds when US Forces fired on his truck due to a mistaken belief that the deceased was attempting to "run" a check point. Victim's cousin was also in the truck and was injured in the incident. $3,000 in compensation awarded by Judge Advocate Capitan on March 12, 2006. |
| Army Bates 24934-24956 | Army | 09/10/05 | Al-Ramadi, Iraq | Claim by Iraqi civilian under the Foreign Claims Act. Claimant's son was returning from Jordan in his car when he was fired upon by US Forces; the son was killed and the car was burned. Request for $27,000 in compensation denied by Army Capitan who found that the claim arose from combat action, and not wrongful actions of US Forces. Army witness notes claim that incident "could be combat excluded" because it arose from an "escalation of force". Claimant's name not redacted (page 4). |
| Army Bates 24957-24973 | Army | 09/01/05 | Tikrit Highway - Salah Aldien, Iraq | Claim by Iraqi civilian under the Foreign Claims Act. Claimant alleges that he and his brother were driving on Tikrit highway and came under fire by US Forces, killing claimant's brother and injuring the claimant. Handwritten notes in English claim that claimant and his brother were "involved in an auto accident with coalition forces." On January 23, 2006, the Foreign Claims Commission offered a $7,000 settlement. |
| Army Bates 24974-25007 | Army | 10/11/05 | Abu Graib, Baghdad, Iraq | Claim by Iraqi civilian under the Foreign Claims Act for $5,000. Claimant alleges that on his/her way to Abu Graib they were fired upon by US forces, resulting in the deaths of three boys, including the claimant's son. Many redacted pages. |
| Army Bates 25008-25043 | Army | 05/23/06 | Baghdad, Iraq | Claim by Iraqi civilian under the Foreign Claims Act. Claimant's husband was killed by gunshot wounds when US forces fired on his car while he was driving on the main highway near their home. Claimant sought $5,000 compensation. Claim initially denied because (1) the loss was a result of combat operations, and (2) the death could have been caused either by US or insurgent fire. On August 25, 2006, the Army claims attorney offered a settlement for $2,500. |
| Army Bates 25044-25054 | Army | 01/17/06 | Ramadi, Iraq | Claim by Iraqi civilian under the Foreign Claims Act. Claimant alleges that American forces opened "random fire" during military operations, shooting and killing her son while he was in front of his house. Handwritten notes indicate that $2,500 compensation was paid. |
| Army Bates 25055-25065 | unknown | 10/06/06 | Tamim, Ramadi, Iraq | Claim by Iraqi civilian under the Foreign Claims Act. Claimant's son was killed when US forces shot "random" shots during a firefight in Al-Tamim. Statement alleges that American forces subsequently apologized about the incident and referred her to the compensation office. $2,500 compensation requested. |
| Army Bates 25066-25140 | Navy (investigation report on Army letterhead) | 03/07/08 | Chapman, Province, Afghanistan | Claim by Afghan civilian under the Foreign Claims Act. While a five vehicle convoy of Navy personnel was moving from Camp Clark to FOB Solerno, the lead vehicle struck a tractor/trailer, causing the operator, an Afghan civilian, to fall. The tractor operator subsequently died from his injuries. The tractor operator's six year old nephew was also on the tractor at the time of the incident. The appointed investigating officer concludes that negligence, rather than recklessness or gross or criminal negligence occurred and recommends that the Navy CDR involved complete additional driver training. Solatia payment was made to victim's family (page 5). File contains numerous witness statements by military personnel, including the individual responsible for the accident, and photos of the collision scene. |
| Army Bates 25141-25260 | Army | 10/07/07 | FOB Salerno, Afghanistan | Claim by Afghan civilian under the Foreign Claims Act. During an air to ground test fire exercise, one Afghan civilian youth was killed and at least two other youths were injured. (These youths were approximately 6 years old - see page 111.) A military timeline notes that an Improvised Explosive Devise was discovered on the range during an exercise and a decision was made to fire on it to disable it. Rockets and 30mm rounds were fired from helicopters and the Afghan youths were discovered later. The military investigator concluded that these youths were on the test fire range for the purpose of collecting scrap metal to sell in a local market and safety inspection forms indicate that there was a common problem "local personnel 'crowd' the range collecting metal" (page 63). Investigator conclusion: "the findings of the investigation are incolclusive but it is 'probable' that the injuries were sustained because the children hide on the range and were not observed by [US forces]." No negligence on the part of US Forces found. Investigator recommended that condolence payments be made to the families of the deceased youth and the injured youths and recommends that test fire exercises at that site be discontinued because of the hazard it poses to local civilians. |
| Army Bates 25261-25286 | Army | 10/02/07 | Baghdad, Iraq | Claim by Iraqi civilian under Foreign Claims Act. Claimant alleged that "An American tank crushed her husband's car and killed him, caused full damage to the car"; requested $18,000 compensation - denied by Foreign Claims Commission on 12/23/07 because "Claim lacked evidence supporting U.S. negligence or fault." |
| Army Bates 25287-25315 | Army | 03/14/06 | Al Dora, Baghdad, Iraq | Claim by Iraqi civilian under Foreign Claims Act. Claimant's son was killed when his vehicle was struck by a US Forces vehicle. $8,200 requested., On June 8, 2007, a claims attorney found the claim not compensable due to a lack of evidence. However, on July 2, 2007, $8,000 settlement was offered. |
| Army Bates 25316-25340 | Army | 06/12/06 | Abu Graib, Baghdad, Iraq | Claim by Iraqi civilian under Foreign Claims Act. Claimant's husband was killed a US Forces vehicle collided with his car. On June 8, 2007, a claims attorney found the claim not compensable due to a lack of evidence. Claimant requested $1,000 - $7,000 settlement offered July 18, 2007 (note, there seems to be different amounts requested by claimant in her Claims Form - $10,000 USD and $1,000 USD.) |
| Army Bates 25341-25395 | Army | 02/27/07 | Baqubah, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. The claimant, an Iraqi factory owner, submits a claim for damage done to his factory during an US Forces Army airstrike. The factory owners seeks $225,100 in damages. The claimant states that he was in his home with his family and guests at 3pm in the afternoon when he heard gunshots and went outside. Once outside, he heard a huge explosion from his factory and saw that it had been hit by an air strike. The claimaint also stated that two guards were killed during the attack when US soldiers entered the facory and began shooting indiscriminantly. The claimant also stated that the US soldiers stormed his home as well as the factory. The Army admitted the damage had occured but denied his claim based on their reasoning that the destruction to the factory occured as a result of combat operations and were therefore excluded from compensation. Pictures were included showing the destruction to the factory. |
| Army Bates 25396-25408 | Army | 07/03/06 | Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant submits a claim for the death of her husband who was driving a minibus when he was shot by US Forces. The Army denied her claim for $5,000 due to their determination that her husband was shot accidentally as a result of combat operations. Instead, the Army authorized $2,500 as a condolence payment for the husband's death. the claimant accepted the sum. |
| Army Bates 25409-25426 | Army | 07/25/06 | Haweja, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant submits a claim for $2,500 based on the death of her husband resulting from an attack by US Forces. Claimant states that she and her husband were driving down the road when the US Army mistook their car for another car they were planning to ambush. They shot into the claimant's car killing her husband. The Army denied the claim under the FCA stating that there was insufficient evidence to find any fault or negligence on the part of US soldiers. The paid her $2,500 as a condolence payment. |
| Army Bates 25427-25433 | Army | 08/27/06 | Kirkuk, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant submits a claim for $2,500 for the death of his son. Claimant states that his son was filling up his car at a gas station when he was attacked and killed by Coalition Forces. The claimant states that the soldiers may have shot his son because he was running away from the car and they thought he was about to detonate the car when in fact he was a gasoline smuggler and was running away from them for that reason. The Army denied the $2,500 claim. |
| Army Bates 25434-25438 | Army | 04/03/07 | Haweja, Iraq | Claim by Iraqi civilian under the Foreign Claims Act by Iraqi civilian for the death of his wife. Claimant submits claim for $2,500 for the death of his wife due to a rocket attack by US Forces on his tent where his wife and other family members were located. The Army denied the claim under the FCA but paid the $2,500 as a condolence payment. |
| Army Bates 25439-25441 | Army | 05/10/07 | Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant submitted claim of $2,500 for the death of his daughter caused when a US Forces Army patrol officer shot at the grill of his car and the shot ricocheted and went through the windshield of the claimant's car hitting his daughter in the head and causing her death. The claim was denied under the FCA because it was determined by the Army to have occurred during combat operations. The claim was paid in the amount of $2,500 as a condolence payment. |
| Army Bates 25442-25488 | Army | 05/14/07 | Kirkuk, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant submitted claim for $10,825 for the death of her husband and her son as well as property damage. Claimant stated that her husband was driving his car near a gas station when a US Forces Army vehicle approached and shot at the vehicle killing both the claimant's husband and her son. The claims were denied under the FCA but a condolence payment of $7,000 was authorized, $2,500 each for the husband and son and $2,000 for damage done to the vehicle. |
| Army Bates 25489-25515 | Army | 05/07/07 | Kirkuk, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant submitted claim for $3,160 for the death of his daughter and damage done to his vehicle. Claimant stated that he was driving his car with his family inside and did not notice US Forces soldiers walking past who then fired into the car and shooting and killing his daughter and damaging his car. The claim was denied under the FCA but was paid as a condolence payment, $2,500 for the death of his daughter and $660 for the damage to his car. |
| Army Bates 25516-25537 | Army | 01/29/06 | Hawija, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant submits a claim for $3,230 for the death of her husband and damage to her house. Witness stated that US soldiers knocked on the claimant's house and when her husband answered the door, they shot and killed him. The claim as denied under the FCA because the event was found to have occurred during combat activity. |
| Army Bates 25538-25543 | Army | 07/01/07 | Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. The documents state that six Iraqi nationals were riding in a taxi cab that failed to stop after being signaled to stop by another vehicle, US Forces soldiers opened fire on the taxi shooting and killing the civilians. The claim is by the father of one of the killed Iraqi civilians. The claim was denied under the FCA but a $2,500 condolence payment was paid. |
| Army Bates 25544-25549 | Army | 07/01/07 | Hawija, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. The documents state that six Iraqi nationals were riding in a taxi cab that failed to stop after being signaled to stop by another vehicle, US Forces soldiers opened fire on the taxi shooting and killing the civilians. The claim is by the relative of one of the killed Iraqi civilians. The claim was denied under the FCA but a $2,500 condolence payment was paid. |
| Army Bates 25550-25559 | Army | 07/01/07 | Hawija, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. The documents state that six Iraqi nationals were riding in a taxi cab that failed to stop after being signaled to stop by another vehicle, US Forces soldiers opened fire on the taxi shooting and killing the civilians. The claim is by the taxi driver whose vehicle was destroyed. The claim was denied under the FCA but a $2,500 condolence payment was made for the loss of his taxi. |
| Army Bates 25560-25564 | Army | 07/27/07 | Haweja, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. The claimant's file seems to be missing documents including the claimant's reporting of the incident. The only reports remaining are US Forces military reports which state that the vehicle the claimant and her husband were riding in fled after being shot at by US soldiers, the soldiers continued firing until the vehicle stopped, killing the claimant's husband. The claimant was given $2,500 as a condolence payment. |
| Army Bates 25565-25588 | Army | 11/07/06 | Tikrit, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant requested $6,340 for the death of his infant and damage to his vehicle. The claimant and his family were driving in their car when the car was attacked by a US Forces Army helicopter. The helicopter shot at the car causing shrapnel to hit the claimant's wife who was apparently pregnant and caused the unborn baby to be killed. The claim was denied under the FCA as having been determined to have occurred during combat operations. There is no record showing that any condolence payments were made. |
| Army Bates 25589-25594 | Army | 08/11/07 | Hawija, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant submitted claim for the death of his father. US Forces Army documents state claimant's father was killed after being followed by US soldiers for supposedly "suspicious" behavior and then hiding under a blanket to try to escape the soldiers. The soldiers shot and killed the claimant's father. The claim was denied under the FCA but a $2,500 condolence payment was made. |
| Army Bates 25595-25600 | Army | 08/06/07 | Hawija, Iraq | Claim by Iraqi civilian under the Foreign Claims Act for the death of his mother. US Forces Army documents state that claimant's vehicle came under attack after failing to stop when US soldiers shot at the vehicle. US soldiers continued shooting at the vehicle until the vehicle stopped. Claimant and his family were in the vehicle and claimant's mother was shot and killed by the US soldiers' shooting. The claim was denied under the FCA. A condolence payment of $2,500 was made to the claimant. |
| Army Bates 25601-25607 | Army | 08/26/07 | Iraq | Claim by Iraqi civilian under the Foreign Claims Act for damage to his vehicle. US Forces Army documents state that claimant's vehicle came under attack after failing to stop when US soldiers shot at the vehicle. US soldiers continued shooting at the vehicle until the vehicle stopped. Claimant and his family were in the vehicle and claimant's mother was shot and killed by the US soldiers' shooting and his vehicle was damaged. The claim was denied under the FCA. A condolence payment of $2,500 was made to the claimant. |
| Army Bates 25608-25625 | Army | 08/16/07 | Kirkuk, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant submitted a claim stating the US Forces military (CFS) illegally raided his house, killed his son, damaged his property, and injured him including breaking the claimant's teeth. Claimant sought $3,320. The claim was denied under the FCA. No condolence payments were made. |
| Army Bates 25626-25631 | Army | 06/22/07 | Kirkuk, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. US Forces Army documents state the claimant's house was hit by a stray rocket killing his daughter. The US military denied the claim under the FCA stating that it was incident to combat. The claimant was given a $2,500 condolence payment. |
| Army Bates 25632-25691 | Army | 11/14/05 | Aldora, on the road from Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant submitted a claim for $50,000 for the death of his brother and personal injuries suffered when a US military tank struck a minibus on which he was a passenger. The attack killed a number of passengers, including the claimant's brother, and caused broken hands, chest injuries, and other injuries to the claimant. The claim was denied under the FCA. Claimant's statement shows that he also suffered from infections. The US military apparently compensated some passengers for their injuries but the claimant was sick due to his infection at that time. The claim was denied under the FCA. The US Army stated that the declination of the claim was due to insufficient evidence showing the incident to have been caused by non-combat activities. There is no record of any condolence payment to the claimant. |
| Army Bates 25692-25709 | Army | 04/07/07 | Iraq | Claim by Iraqi civilian for compensation. It is not clear if the claim is made under the Foreign Claims Act. The claim is for the death of the claimant's brother and the loss of his vehicle after being struck by the US Forces military. The claim was granted for $10,000 under what seems to be the FCA. |
| Army Bates 25710-25725 | Army | 03/20/06 | Al Dujayl, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant filed a claim for $4,300 for the death of his brother and damage done to his vehicle. According to the US Forces Army documents, the claimant and his brother were driving to their farm when they were mistaken, by the US military, for attackers/insurgents who had attacked a nearby truck and were shot at. The claim was denied under the FCA. There are no records that any condolence payments were made. |
| Army Bates 25726-25762 | Army | 08/10/05 | Balad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. The claim was for $4,500 for the death of his son. US Forces Army documents state that the claimant's son was traveling down a blocked road by Coalition Forces. The claimant's son turned his vehicle to avoid the CF and was shot upon by the CF because they thought he was trailing the CF convoy. The CF shot at the vehicle and wounded the driver. The claim was denied. There is no record of any condolence payment. |
| Army Bates 25763-25771 | Army | 11/25/05 | Al Dujayl, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. US Forces Army documents state the claimant's husband was killed when his vehicle was shot at by a US Military Convoy for not driving fast enough. The claim was for $3,750 for the death of the claimant's husband. The FCA claim was denied , however, a condolence payment of $2,500 was made form the Commander's Emergency Response Program fund. |
| Army Bates 25772-25805 | Army | 02/24/05 | Al Dujayl, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant submitted claim of $4,000 for the death of his son. The US Forces Army documents stated that the claimant's son was killed during a controlled detonation in a village, shrapnel from the explosion hit his son, in a nearby field, and caused his death. The claim was denied under the FCA because the incident was found to have occurred during combat activities. There is no record of any condolence payments. |
| Army Bates 25806-25826 | Army | 06/25/05 | Balad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant submitted a claim for $2,500 for the death of her husband. US Forces Army documents state that claimant's husband was shot in his vehicle when the vehicle failed to stop at a check point. The claim was denied under the FCA but was approved for $2,500 condolence payment through the Commander's Emergency Response Program fund. |
| Army Bates 25827-25850 | Army | 10/2/2004 or 11/17/2005 | Bayji, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Incident involving the shooting of an Iraqi civilian by US Forces occurred on October 2, 2004. The driver was en route to Mosul to buy supplies for his shop. This document, dated April 1, 2006, indicates that a $2,500 CERP condolence payment is authorized (the recipient is redacted, but it appears to be the decedent's wife from the context of the documents). (This claim appears to relate to an identical set of facts but the date of the incident is different here (Nov 2005 instead of Oct 2004).) Claimant filed claim for $10,000, under Foreign Claims Act, alleging that Coalition Forces killed her husband while he was en route to Mosul to buy supplies for their shop. A CF convoy stopped the car and killed the deceased and the driver. The car then burned (cause of fire unclear). The claimant's son and another passenger managed to exit the car unharmed. The claimant asserts that at the time of her husband's death he had $7,000 on his person. She seeks that sum plus $3,000 for his death. The Army denied the claim on March 11, 2006, finding that the damage occurred during combat, specifically an "escalation of force" (the Army claims that the deceased allegedly did not stop the car when asked to do so by CF). File includes a handwritten description of testimony from other passenger who escaped from car. This witness indicates that he overheard two soldiers blaming each other for shooting 50 bullets into the car. |
| Army Bates 25851-25883 | Army | 02/13/06 | Tigris River, Iraq | Claim by Iraqi army officer for compensation under the Foreign Claims Act for $15,000. Claimant alleges that civilian killed by Coalition Forces while fishing. CF, in helicopter, shone light on deceased, who gestured with fish to show that he was fishing and reached to turn off boat motor; CF shot him in the head. He later died at LSA Anaconda. Claimant argues that after Coalition Forces shot the deceased they failed to secure his boat (which had a fishing net and cell phone in it), resulting in property loss. Claimant submitted receipts indicating value of property was $5,600; Army determines that value of property "is less" without elaboration. Army also determines that civilian's death is not compensable under FCA, as it arose from "combat activities." Instead condolence payment is paid. Unclear to whom the $2,500 condolence payment was made, though context indicates payment went to an Iraqi Army Lieutenant, who is the cousin of the deceased. Payment voucher shows that payment of $3,500 was made. |
| Army Bates 25884-25891 | Army | 11/02/05 | Bayji, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant contended that Coalition Forces fired at her son-in-law's vehicle, killing her husband (who was in the passenger seat) while the men were driving through the market. Death certificate, witness statements and medical reports submitted in support of claim. Claimant sought $2,500 for wrongful death. Army concluded that claim was noncompensable because it was related to combat. Last page redacted (foreign language). |
| Army Bates 25892-25904 | Army | 01/01/05 | Samarra, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant alleged that her husband, 65, was standing in street when he was killed in Coalition Forces crossfire. She sought $6,000 for his wrongful death. Claim is denied as relating "directly or indirectly" to combat. Half of PDF is redacted (foreign language). |
| Army Bates 25905-25912 | Army | 01/10/06 | Samarra, Iraq | Condolence payment for Iraqi civilian for father's death. Father killed by Coalition Forces when he came upon a CF blockade and CF shot at his car until it was engulfed in flames. Payment of $2,500 approved. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $15,000 denied as relating "directly or indirectly" to combat. According to Army record, CF patrol had blocked street to investigate a possible Improvised Explosive Device. SUV driven by claimant's father supposedly went around the blockade and drove down the median, refusing to stop. CF shot at the vehicle and it ignited. The car held six passengers, including women and children. Everyone inside the vehicle died in the fire. Army concludes that CF acted in self-defense. |
| Army Bates 25913-25942 | Army | 09/03/05 | Bayji-Tikrit Highway | Claim by Iraqi civilian for injuries sustained and for wrongful death under Foreign Claims Act. Claimant was driving with his brother from Bayji to Tikrit when they came upon a Coalition Forces checkpoint. Claimant tried to stop but lost control of his vehicle. CF opened fire on his car, killing his brother and severely wounding the claimant in the abdomen (necessitating several surgeries). Claim for $8,000 is denied as relating "directly or indirectly" to combat. Condolence payment to claimant for brother's death is approved ($2,500; claimant had requested $8,600, including damages for property). File includes black and white photos of car and damage that are hard to interpret. File also includes claimant's medical records, documenting injuries to bladder & intestine from CF shooting. |
| Army Bates 25943-25959 | Army | 01/10/06 | Samarra, Iraq | Related to 25905-25912. Claim by Iraqi civilian under Foreign Claims Act for $15,000 denied as relating "directly or indirectly" to combat. Claimant alleged that it was his SUV that was destroyed by fire (driven by his cousin). Condolence payment to claimant for cousin's death is approved ($2,500); claimant had sought $13,000 for loss of vehicle. Some photos of vehicle are provided; some of these are redacted, as are other pages that are left blank under a "foreign language / (b)(6)" justification. |
| Army Bates 25960-25971 | Army | 11/12/05 | Balad, Iraq | Claim by Iraqi civilian under Foreign Claims Act for $5,000. Claimant alleged that while he was taking his pregnant wife to the hospital he was approached by a Coalition Forces convoy. He alleged that although he pulled over the CF fired into his car, killing his wife. He further alleged that the CF apologized to him on the scene. The claim is denied as relating "directly or indirectly" to combat. Condolence payment to claimant for wife's death is approved ($2,500). Claimant had sought $5,000: $2,500 for dead wife, and $2,500 for dead baby. |
| Army Bates 25962-25990 | Army | 06/24/05 | Samarra, Iraq | Claim by Iraqi civilian under Foreign Claims Act for $5,000. Claimant alleged that his mother was shot and killed by Coalition Forces while herding her sheep. The claimant provided a death certificate and witness statements. The deceased was allegedly shot through the heart by sniper fire. The Army denied the claim for insufficient evidence. Condolence payment to claimant for mother's death is approved ($2,500). |
| Army Bates 25972-25981 | Army | 08/11/05 | Samarra, Iraq | Claim by Iraqi civilian under Foreign Claims Act for $3,000. Claimant alleged that, as he and his wife drove past Coalition Forces on the roadside, they opened fire, shooting and killing his wife and injuring another passenger in the abdomen and hand (resulting in the loss of a finger; the identity of this passenger is unclear). Claim is denied as relating "directly or indirectly" to combat. Army contends that claimant failed to stop at a checkpoint. Condolence payment to claimant for wife's death is approved ($2,500). There is some confusion in the record, as the letter approving the condolence payment indicates that the wife was shot and blinded in one eye, requiring reconstructive facial surgery, but does not indicate that she passed away. |
| Army Bates 25991-26004 | Army | 10/02/05 | Samarra, Iraq | Claim by Iraqi civilian under Foreign Claims Act for $2,500. Claimant alleged that Coalition Forces shot and killed his 5-year-old son during a battle with Anti-Iraqi Forces. The boy was allegedly standing outside a home and was struck and killed by a stray bullet. Claimant supplied witness statements and death certificate. Army concludes that claim is noncompensable because it is related to combat. One witness indicated that there was a wedding party in the vicinity and shots were fired in celebration, and were misinterpreted by CF as enemy fire. CF fired back randomly, killing the child. There is some confusion in the record insofar as the deceased child is referenced as a girl (in translated statements from claimant) and as a boy (in official Army record). No record of any compensation. |
| Army Bates 26005-26013 | Army | 02/20/06 | Ad Duluyiah, Iraq | Claim by Iraqi civilian under Foreign Claims Act for $2,500. Claimant alleged that his brother was shot and killed by CF while picking fruit from a tree. Claimant provided pictures, death certificate, and two witness statements. Army denies claim, asserting insufficient evidence. Condolence payment to claimant is approved ($1,800). Portions redacted ("foreign language"). |
| Army Bates 26014-26024 | Army | 10/01/05 | Samarra, Iraq | Claim by Iraqi civilian under Foreign Claims Act for $2,500. Claimant alleged his son was shot and killed by Coalition Forces when he ran out into the street. Army concludes incident occurred when CF were fighting Anti-Iraqi Forces and thus finds the claim noncompensable. Portion redacted ("foreign language") including a handwritten diagram (there was allegedly only about 20 meters between the boy and the CF). Condolence payment to claimant is approved ($2,500). |
| Army Bates 26025-26044 | Army | 04/06/06 | Samarra, Iraq | Claim by Iraqi civilian under Foreign Claims Act for $9,500 for her damaged car (which was fired upon and burned entirely). Claimant alleged that Coalition Forces started firing on her vehicle as she drove past. (According to the Army record, the claimant had already received a GWP for the death of her husband during this incident.) Army denies the claim, finding that the evidence indicated the damage was sustained during combat. Some photographs are included in the file. |
| Army Bates 26045-26066 | Army | 04/26/06 | Samarra, Iraq | Claim by Iraqi civilian under Foreign Claims Act for $3,500 for death of his father. Claimant alleged Coalition Forces shot and killed his father. The Army denied the claim. The record indicates that the claimant was informed that his "own negligence or wrongdoing" caused the damage, but also that the Army's investigation revealed no activity during the relevant time period that substantiated the claimant's allegations. Bulk of file redacted ("foreign language / (b)(6)" AND "already reviewed and released / (b)(2) HIGH"), including portions titled (handwritten) "Judge's Decision." |
| Army Bates 26067-26085 | Army | 02/03/06 | Samarra, Iraq | Claim by Iraqi civilian under Foreign Claims Act for $10,000. Claimant alleged that an Improvised Explosive Devise detonated on a Coalition Forces convoy and that the CF began shooting indiscriminately, killing his two children. Witness statements and death certificates provided to substantiate claim. Army denies claim, finding per SIGACTS (significant act database) investigation that although two IED attacks had occured in Samarra on the two days prior to the alleged incident, no recorded IED attacks occurred on the day of this alleged incident. The reasoning of the opinion appears to be contradictory: on the one hand, the Army concludes that there is insufficient evidence to establish that the deaths were caused by CF negligence, and on the other hand, the Army states that the alleged facts show that CF were reacting to an IED attack, so that the casualties arose "directly or indirectly" from combat activities. Some handwritten notes made by (it appears) the Army officer who denied the appeal indicate that s/he searched SIGACTS, did a Google News search, and searched Al Jazeera for news of an IED attack on the day in question. There is also a note directing the claimant to bring in a news clipping (he apparently contended the incident had been covered by the news media). |
| Army Bates 26086-26102 | Army | 04/02/06 | Samarra, Iraq | Claim by Iraqi civilian under Foreign Claims Act for $5,000. Claimant alleged that a Coalition Forces convoy was traveling near his house when it was attacked by Anti-Iraqi Forces; the convoy returned fire and killed the claimant's sister. The Army denied the claim, finding that there was no activity meeting the claimant's description of events in the SIGACTS (significant act) database, and that regardless, given the description of events, the claim was likely barred as it related to combat activities. 26097 is in Arabic (not redacted, but I couldn't read it). |
| Army Bates 26103-26117 | Army | 01/12/06 | Samarra, Iraq | Claim by Iraqi civilian under Foreign Claims Act for $5,000. Claimant alleged that an Improvised Explosive Device detonated on a Coalition Forces convoy and CF started shooting randomly, killing his son. The claimant supplied a death certificate and witness statements. The Army denied the claim for insufficient evidence, however, as its SIGACTS (significant act database) investigation revealed no such IED attacks or related incidents on this date. The Army also indicated that the claim could be denied in the alternative as the casualty related to combat activities. Record indicates appeal also denied. At the bottom of 26111 (a page in printed Arabic) there is a handwritten note that says "new evidence on appeal" but it's not clear what that evidence was. |
| Army Bates 26118-26140 | Army | 03/29/06 | Samarra, Iraq | Claim by Iraqi civilian under Foreign Claims Act for $2,500. Claimant alleged that Coalition Forces shot his wife as they approached the Samarra General Hospital in their car. He provided a death certificate and witness statements to corroborate the claim (these appear to be included in the file but have been redacted / blanked ("foreign language / (b)(6)"). The Army denied the claim for insufficient evidence, finding no such activity on the specified date. The file includes some photos of the claimant's car. |
| Army Bates 26141-26158 | Army | 12/17/05 | Bayji, Iraq | Claim by Iraqi civilian under Foreign Claims Act for $5,000. Claimant alleged that her husband was riding in a taxi that was shot during an Escalation of Force. He was killed and his body burned in the taxi. She submitted a photograph, witness statements and a death certificate. The Army denied the claim, stating that a SIGACTS (significant act database) investigation revealed no such occurence, and stating that if the claimant's husband had died during an EOF, the claim was noncompensable under the FCA as it related to combat activity. The descriptions of witness statements indicate that the taxi was stopped by CF at a checkpoint and allegedly waved through. As it proceeded CF opened fire. A handwritten note indicates that this claim was related to another that was approved / paid (there were two deaths from the alleged incident) but says that the first claim was paid in error since the SIGACTS database does not corroborate these facts. |
| Army Bates 26159-26187 | Army | 06/12/06 | Samarra, Iraq | Claim by Iraqi civilian under Foreign Claims Act for $12,500. Coaltion Forces were moving northbound on MSR Tampa when unidentified civilian convoy consisting of two up-armored SUVs attempted to pass in southbound lane. Claimant's vehicle was in southband lane, and swerved to avoid head-on collision with civilian convoy. Claimant lost control of vehicle, swerved into median, and was struck by CF patrol. Two members of claimant's family died, while three others were injured (it appears that one of the deceased was a 10-year-old child). Claimant provided death certificates, medical reports, expert legal statement, witness statements, and diagrams to substantiate claim. Army denied FCA claim, finding that the events were not caused by negligent or wrongful acts or omissions by U.S. soldiers or civilian employees of a U.S. military department (some indication that the civilian SUV convoy was related to contractors). Army recommends a $6,000 condolence payment. Among the heavily redacted pages there are some Yahoo emails that apparently went back and forth among army officials regarding the claimant's family and the accident. File includes medical / hospital records (treatment and death records). Condolence payment to claimant for two deaths ($5,000) and two injured ($500) is approved ($5,500 total). |
| Army Bates 26188-26205 | Army | 05/07/05 | Samarra, Iraq | Claim by Iraqi civilian under Foreign Claims Act for $5,000. Claimant alleges that he was driving in Samarra when Coalition Forces engaged Anti-Iraqi Forces. Claimant's son, who was in the car with him at the time, was shot and killed. The claimant supplied a death certificate, medical reports, and witness statements. The Army denied the claim, stating both that the SIGACTS (significant act database) investigation revealed no activity matching the alleged events and also that any such events were related to combat and therefore noncompensable. It seems as though no compensation was paid (there is a handwritten note to the effect that such compensation would be "too late" but I am not sure what this means). |
| Army Bates 26206-26229 | Army | 06/24/05 | Baghdad, Iraq | Claim by Iraqi civilian under Foreign Claims Act. Civilian killed by Coalition Forces while sleeping on the roof of his home. Army denies claim as related to combat activity. No indication as to who the claimant was (what his or her relation is to the deceased) or whether any other compensation was awarded. |
| Army Bates 26230-26250 | Army | 01/27/05 | Baghdad, Iraq | Claim by Iraqi civilian under Foreign Claims Act. Claimant alleged that son was killed and vehicle damaged by small arms in combat involving Coalition Forces. The Army denies the claim as related to combat activity. File includes photographs of vehicle. No indication as to whether any compensation awarded outside of FCA claim. |
| Army Bates 26251-26263 | Army | 09/13/05 | Baghdad, Iraq | Claim by Iraqi civilian under Foreign Claims Act for $10,000. Claimant alleged that bus driver was killed and bus damaged by small arms in combat involving Coalition Forces. Army denies the claim as related to combat activity. File includes some photos of the damaged vehicle. Unclear whether any compensation awarded; claimant's relationship to deceased also unclear. |
| Army Bates 26264-26303 | Army | 06/23/07 | Al Alam, Iraq | Claim by Iraqi civilian under Foriegn Claims Act. Claimant’s nephew was driving himself and another man to the pharmacy to pick up medication for Claimant’s father. It was after the curfew, US Forces were engaged in combat activities in the area, they shot at the vehicle, destroyed the truck, and killed two young man, an Iraqi police officer and a student, who were inside the car. The specifics of the incident are “highly classified” but the JAG stated that the engagement was a “clean shoot.” According one witness US Forces were raiding a house in the neighborhood, and according to another US Forces were hiding in ambush when the deceased appeared on the road. The soldiers shot at the car and later on burnt the vehicle that actually belonged to another Iraqi. The cause of death was considered negligent firing. A claim was filed under Forign Claims Act for $66,000 on Aug 27, 2007. However, since the US Forces were engaged in a combat operation compensation for human loss and property damage was denied under the Foreign Claims Act. It says may be considered for CERP. Condolence payment (referred to as "goodwill payment" recommended and approved. |
| Army Bates 26304-26344 | Army | 06/23/07 | Al Alam, Iraq | Related to 26304-26344, no new information. |
| Army Bates 26345-26354 | Army | 06/23/07 | Al Alam, Iraq | Related to 26304-26344, this time the plaintiff is the brother of one of the men who was killed in the incident. He is asking for $50,000 which was denied under Foreign Claims Act. Goodwill (that is, condolence) payment denied. |
| Army Bates 26355-26364 | Related to 26304-26344, exact 26345-26354 although this time the Foreign Claims Act cover sheet approves Goodwill (that is, condolence) payment. | |||
| Army Bates 26365-26391 | Army | 08/15/07 | Al Owja, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. The Claimant’s brother and two/three cars were parked in front of the fuel station in Al Owja around 9:30 pm waiting to get fuel the next morning. US Forces air craft fired at the cars. The claimant was outside so when the attack happened was able to shell and was not injured. The attack led to destruction of his vehicle and his brother’s death. A legal expert found a total damages of $10,000. Army investigation revealed that several vehicles were attacked after the occupants were identified attempting to emplace an Improvised Explosive Device nearby and that death resulted from negligent firing. However, US Forces were engaged in combat operation and therefore the compensation claim for $8,000 was denied under Foreign Claims Act. Also Goodwill payment was denied. Note: name of the Claimant is not redacted. He also had an attorney. |
| Army Bates 26392-26418 | Army | 04/04/06 | Abu Graib, Iraq | Claim for compensation by Iraqi civilian under Foreign Claims Act. A US Forces HMMWv was driving on the wrong side of the road and crashed at claimant’s car killing his wife and son. Forces were not involved in combat operation hence compensation granted and settled for $15,000 (original request: $18,000). |
| Army Bates 26419-26447 | Army | 07/15/06 | Abu Graib, Iraq | Claim by Iraqi civilian for compensation under Foreign Claims Act. Claimant’s husband was an employee for department of transportation. He was driving back from work on a main highway when the incident happened with US convoy. It is not clear whether the incident that led to his death was a car accident or whether the forces shot at the car. In any event, the car was completely destroyed and her husband was killed (GIC opinion, P10: medical evidence of gunshot in the head and chest). Compensation approved under FCA for $12,000. |
| Army Bates 26448-26471 | Army | 08/18/05 | Remadi, Iraq | Claim by Iraqi civilian under Foreign Claims Act. The claimant was traveling with her family to Jordan to seek medical treatment. Near Retba the US Forces shot at them. Claimant and her daughter were injured, and her husband died after a surgery in US military hospital. The document mentions that US military apologized to her and gave her documents that were used as evidence in her compensation claim. Compensation for $10,000 granted under Foreign Claims Act. |
| Army Bates 26472-26497 | Army | 08/18/05 | Remadi, Iraq | Related to 26472-26497, no new information. |
| Army Bates 26498-26529 | Headquarters Multi-National Corps Iraq/Signed by US Army | 01/17/06 | Remadi, Iraq | Claim by Iraqi civilian under Foreign Claims Act. Claimant’s husband and a friend were traveling from Jordan to Baghdad for a business trip. The incident happened near Ramadi, at 4 pm. An US Forces tank was parked on the side of the highway and as the victims' car got close to it, a soldier jumped on the tank’s roof top and fired at them “for no reason”. Claimant’s husband was injured and died on the way to the Ramadi hospital. Claimant explained that “everyone is scared of US troops and her husband was careful not to do anything to provoke fire.” The JAG opined that US Forces were “clearly negligent by firing upon someone who was not a threat.” A payment of $5,000 was granted under Foreign Claims Act. The number of children of the victim is redacted all through the document. The redacted documents included a food ration card, daughters ID and Official Inheritance Heritage document. |
| Army Bates 26530-26560 | Headquarters Multi-National Corps Iraq/Signed by US Army | 01/17/06 | Remadi, Iraq | Related to 26530-26560, no new information. |
| Army Bates 26561-26590 | Army | 08/07/05 | Baghdad, Iraq | Claim by Iraqi civilian under Foreign Claims Act. Claimant’s son was at a fuel station located near a checkpoint at 10:00 am. There was a crossfire between US Forces and Anti-Iraqi Forces and the victim was shot and killed. Claim was filed on Aug 20, 2007. Request for $3,500 was denied. The claim was more than two years old, it was “no way to confirm” the incident, and there was insufficient evidence of negligence by US Forces. The file includes a police report that confirms the incident, death certificate, and witness testimony (all redacted). |
| Army Bates 26591-26618 | Army | 10/15/06 | Baghdad, Iraq | Claim by Iraqi civilian under Foreign Claims Act. The incident happened at 8:00 am. The claimant was driving with his mother to visit a relative to say condolences. They came across four American Military vehicles and one of the Hummers crashed his vehicle and killed his mother. An American soldier immediately “hurried and apologized.” The Foreign Claims Commission found negligence since the vehicle was hit from rear. A total of $10,000 was granted for vehicle damage and wrongful death of mother. Note: the original claim was lost due to “negligence of gov.” |
| Army Bates 26619-26648 | Army | 10/15/06 | Baghdad, Iraq | Related to 26619-26648, no new information. |
| Army Bates 26649-26685 | Army | 06/23/03 | Baghdad, Iraq | Claim by Iraqi civilian under Foregin Claims Act. Claimant’s unarmed child (age redacted) was walking on the rooftop of his home looking down at the street when he was fatally shot. The family attempted to get medical attention but US Forces stopped them at a checkpoint and prevented the parents from taking their son to the hospital since it was curfew time. They also beat up the mother at the checkpoint while she was carrying her injured son, leaving her with bruises. Claimant’s son died in the street. The incident was widely publicized by the international media and is covered in the HRW report Hearts and Minds. Apparently the US Army claims that the child carried a rifle. However, according to media investigations an unloaded rifle was found inside the house in one the cabinets after the incident. In any event US Forces gave $500 for funeral costs but on Sep 2007 denied full compensation in the amount of $20,000 since the harm was caused by combat activities and there was not sufficient evidence of negligence by US Forces. • There is a compelling letter from claimant’s attorney that describes the history of the claim. The information on the author and to whom it was sent is redacted. Here is a summary of the letter: The claim for wrongful death of the minor was presented multiple times to an American general in charge of Alliance Forces in Iraq but the claim was adjudicated (later on we learn US granted $500 for funeral expenses and closed the case). A few days later the attorney met a human rights investigator (most likely HRW people) and urged him to email the General so that the family receives relief for their loss. However, the human rights person did not send the email and did not correspond back with the attorney (this email could be found in the document). • There is another letter written by the victim’s father to 4th Infantry Bridge Combat Team Legal Office. The father appeals to denial of their case and brings attention that the soldiers knew that the victim was merely an innocent boy. The letter adds that the mother is now receiving medication after she saw her son die in her arms. The name of the son was not redacted (Page 11). • The hospital report states: a shot in the child’s chest, ribs broken, a tear on the heart, and death resulted from bleeding/fractures/?. • The document includes a business card of a staff writer of a Foreign News Dept from Japan. His name is redacted but the phone number is not redacted (+81 is Japan’s area code). • The document includes the passage of HRW’s Hearts and Minds report on the incident. Parts of the passage is underlined and a handwritten note on the page says: “Please read underlines.” Interestingly, other parts of the HRW report, a public document, is redacted. |
| Army Bates 26686-26722 | Army | 01/17/07 | Baghdad, Iraq | Claim by Iraqi civilian under Foreign Claims Act. The victim was shot by US Forces. There is no information on how the incident happened. The US Forces flew the victim to Balad hospital. Victim’s leg was amputated but the severe head injury led to his death. Claimant mentioned that her husband left home but did not come back. She searched for him and found his damaged vehicle at the police station. The police told him that her husband was shot at and flown to the Balad hospital where she found his body. She has five kids and lives with her mother and brother in law. And they all relied on claimant’s husband’s income. She requested $15,000 for vehicle damage and wrongful death of her husband but FCC granted $10,000 due to time waited (she filed March 2007). Note: Detailed hospital report. Name of claimant is not redacted. |
| Army Bates 26723-26763 | Army | 01/17/07 | Baghdad, Iraq | Related to 26686-26722, no new information. |
| Army Bates 26764-26791 | Army | 01/16/05 | Al Dura, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Iraqi woman seeks compensation for the death of her husband who she claims was shot in the shoulder and head when he when he was driving a restaurant vehicle passing by the Al Dura area, and he got in the middle of a fire-fight/ shooting between US armed forces and the AIF; the complaint itself describes that the civilian was caught in a crossfire between the US forces, insurgents, Iraqi army, and terrorist fighters. Notably, the police checked the body, and the hospital report confirms that it was US forces whose shot killed the Iraqi civilian. Her claim was denied under FCA because there was no proof of US Forces acting negligently or wrongfully; an earlier comment reasons that there is insufficient proof of US involvement in the combat activities. The report also mentions as an FCC comment that there is a 2-year delay.The letter to the claimant denying the claim mentions that she can, within 30 days of the receipt of the letter, challenge the conclusion by providing additional evidence. The letter was unapologetic and offered no written condolences or sympathy. |
| Army Bates 26792-26855 | Army | 09/20/06 | Karad Al Sharqua, Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Iraqi woman pursued a claim for $23,200 for vehicle damage and death of her husband who she says was runover by striker US forces when he was returning home in his car ; Her claim was approved for $15,000 under FCA to settle the claim; Federal Torts Claims Act was not found to be appropriate. Notably, the Commission gave no explanation for why her claim of $23,200 was not met, neither did the letter to the Iraqi woman offer apology or condolence for the death of her husband. The document contains a photo of a damaged vehicle, as well as numerous photos of rubble and destroyed buildings. |
| Army Bates 26792-26855 | Army | 09/20/06 | Karad Al Sharqua, Baghdad, Iraq | Repeat of 26792-26855 except that it adds the Iraqi woman's name. |
| Army Bates 26920-26949 | Army | 05/21/07 | Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant pursued claim for $10,000 for a vehicle accident caused by the US forces which led to his mother's death and the loss of his vehicle. The claimant had parked his car on the side of the road when a US convoy passing by hit the car, causing damage to the vehicle and death to the claimant's mother who was inside the car. The claimant stated that the soldier got out and apologized but did not offer any money. The claimant noted the convoy number and filed this claim. The claim was settled for $6000. The file contains photographs of the vehicle. |
| Army Bates 26950-26982 | Army | 10/23/05 | Garma, Anbar, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant pursued claim for $7,000 for the death of her husband caused by the US Forces SAF while he was driving. The Iraqi woman claimed that the US/ MNF opened fire on her husband while he was driving. Medical report shows that the victim sustained injuries to his left shoulder and lung. The US settled the claim for $7000. |
| Army Bates 26983-27032 | Army | 08/27/07 | Al Swaib, Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant requested $7640 in compensation for damages caused to her home during a US raid, and for the death of her husband during that same raid. The Iraqi woman claimed that the US army raided her house and randomly opened fire causing destruction of her property and death of her husband. They they proceeded to take some documents and gold from her. The claim was settled for $7500. Photographs from the raid are attached. |
| Army Bates 27033-27062 | Army | 06/15/07 | Mahmodiyah, Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Iraqi man claimed that US aircraft bombed his house, thus destroying it and killing his wife and son. Another letter from a commander describes that the civilian's oldest son sustained shrapnel wounds and has had to undergo exploratory surgery, his daughter sustained burns and the photographs were "emotional", and that the civilian claimed that his car was also damaged from the airstrike. This letter does not mention the death of his wife. He claims $15,000 in compensation. The claim was settled for $10,000. The settlement was accompanied by a letter offering sympathy for the "damage" to the property, but nothing was said to acknowledge the loss of his wife and son. Photographs of the house and the car are attached. |
| Army Bates 27063-27090 | Army | 12/20/06 | Abu Ghraib, Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. An Iraqi man claimed that a US tanker hit his father's car thus killing him. He claimed $7000 in compensation and was given this amount. |
| Army Bates 27091-27131 | Army | 12/21/05 | Al Khazalya, Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. An Iraqi woman claimed that US forces shot at her son while he was driving, thus killing him and damaging his car. She claimed $6500 in compensation. The original claim was denied for lack of evidence offered showing that US forces' negligence was the proximate cause of her damages, and the Iraqi appealed. The US settled her claim for $5000. A letter stating that her "damages were of great concern to the United States" was also included. |
| Army Bates 27132-27144 | Army | 12/15/07 | Yusifiyah, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. An Iraqi man claimed that the US forces bombed his supermarket and killed his sons and asked for and was given $6000 in compensation. The document also lists specific damages caused such as the destruction of orchards, destruction of personal property etc. during this time period. |
| Army Bates 27145-27203 | Army | 11/18/05 | Mahmodiyah, Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. An Iraqi man claimed that while he was driving back to his village with his daughters-in-law, US forces opened fire and killed his daughter-in-law by a shot to her head and injured another passenger and damaged his car. The man asked for $6000 in compensation. There is some suggestion that the car was thought to have run past an American check point and almost hit a soldier. This point was not clarified. The US approved a condolence payment of $2500 in a demonstration to him and the community the US's sympathy for the unfortunate loss of his sister-in-law. The letter states that this demonstration of the condolence payment will have a positive effect on the community and local leaders. |
| Army Bates 27204-27223 | Army | 09/17/07 | Vosifyah, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. An Iraqi woman claimed that the US forces raided her house, killer her husband and damaged two houses, doors and windows, and killed 4 cows. She claimed $15000 in compensation. The claim was settled for $1000. |
| Army Bates 27224-27241 | Army | 05/03/06 | Owesat, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. An Iraqi man claimed that the CF forces bombed his farm and killed his son who was tilling it, and damaged the tractor and the land. The claimant requested $15000 in compensation. The claim was settled for $1000. |
| Army Bates 27242-27263 | Army | 05/03/06 | Owesat, Usifohy, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. An Iraqi man claimed that the CF forces bombed his farm, injuring him, killing his two sons, and blinding and burnings the face of his other son. The claimant asked for $15000 in compensation. Only $2000 was given in settlement. |
| Army Bates 27264-27279 | Army | 09/17/07 | Owesat, Iraq | Claim by an Iraqi civilian for compensation under the Foreign Claims Act for $7,200, on behalf of claimant's son who was shot and killed on his family's farm. The decedent was watering the plants when he was shot. Claim memorandum states: "The claim packet contained credible evidence of damage caused by US forces not involved in combat operations." Claimant paid $1,000 to settle the claim. Documents largely redacted. |
| Army Bates 27280-27294 | Army | 12/12/06 | Owesat, Iraq | Claim by an Iraqi civilian for compensation under the Foreign Claims Act for $15,000, on behalf of claimant's son who killed when US Forces conducted a controlled denotation near claimant's home and caused a wall in claimant's house to fall on his son. Claim memorandum states: "The claim packet contained credible evidence of damage caused by US forces not involved in combat operations." Claimant paid $1,000. Documents largely redacted. |
| Army Bates 27295-27313 | Army | 03/09/06 | Owesat, Iraq | Claim by an Iraqi civilian for compensation under the Foreign Claims Act for $15,000, for the death of her husband. Claimant "alleges that [Coalition Forces] raided her house, killed her husband, and broke her doors." Claim memorandum states: "The claim packet contained credible evidence of damage caused by US forces not involved in combat operations." Claimant paid $1,000 to settle the claim. Documents largely redacted. |
| Army Bates 27314-27335 | Army | 09/19/07 | Owesat, Iraq | Claim by an Iraqi civilian for compensation under the Foreign Claims Act for $6,000, for the death of her husband and damage to her home. Claimant alleges that US Forces raided her home, destroying it and killing her husband, who was sleeping. "alleges that a stray [Coalition Forces] bullet killed her husband." Claim memorandum states: "The claim packet contained credible evidence of damage caused by US forces not involved in combat operations." Claimant paid $1,000 to settle the claim. Documents largely redacted. |
| Army Bates 27336-27357 | Army | 09/17/07 | Owesat, Iraq | Claim by an Iraqi civilian for compensation under the Foreign Claims Act for $7,600, for the death of her husband. Claimant "alleges that [Coalition Forces] raided her house, killing her husband, and damaging the doors, windows, and furniture." Claim memorandum states: "The claim packet contained credible evidence of damage caused by US forces not involved in combat operations." Claimant paid $1,200 to settle the claim. Documents largely redacted. |
| Army Bates 27358-27379 | Army | 09/17/07 | Owesat, Iraq | Claim by an Iraqi civilian for compensation under the Foreign Claims Act for $6,000, for the death of her husband, the death of her son, injury to her baby daughter, and injury to herself. Claimant alleges that as part of US Forces raid in the area her family members were killed and she and her daughter were injured. Claim memorandum states: "The claim packet contained credible evidence of damage caused by US forces not involved in combat operations." Claimant paid $2,500 to settle the claim. Documents largely redacted. |
| Army Bates 27380-27401 | Army | 09/17/07 | Owesat, Iraq | Claim by an Iraqi civilian for compensation under the Foreign Claims Act for $2,500, for the death of her son. Claimant alleges that as US Forces were conducting a raid in the area her son stepped outside to see what was happening and was shot by US Forces shooting from a helicopter. Claim memorandum states: "The claim packet contained credible evidence of damage caused by US forces not involved in combat operations." Claimant paid $1,000 to settle the claim. Documents largely redacted. |
| Army Bates 27402-27421 | Army | 07/14/07 | Iraq | Claim by an Iraqi civilian for compensation under the Foreign Claims Act for $5,000 for the death of seven Iraqi civilians by US Forces. Claim memorandum states: "The claim packet contained credible evidence of damage caused by US forces not involved in combat operations." Claimant paid $5,000. Documents largely redacted. |
| Army Bates 27422-27436 | Army | 12/27/06 | Iraq | Claim by an Iraqi civilian for compensation under the Foreign Claims Act for $500 for the death of his daughter and the injury to his other daughter. Claim memorandum states: "The claim packet contained credible evidence of damage caused by US forces not involved in combat operations." Claimant paid $500. Documents largely redacted. |
| Army Bates 27437-27452 | Army | 06/22/07 | Kikurk, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act for $2,500. Claimant alleges that a US Forces stray rocket hit his house as US Forces were engaging another household. Claimant alleges that his daughter was killed and another daughter was blinded in one eye. The claim is denied on the ground that it relates to combat activity. There is a note in the file that "we paid claimant's brother [exempted] for 2 deaths, 2 injuries, and for damage to the house [exempted]." |
| Army Bates 27453-27465 | Army | 06/22/07 | Kikurk, Iraq | Related to same incident as 27437-27452, but appears to be a separate claim. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $2,500. Claimant alleges that a US Forces stray rocket hit his house as US Forces were engaging another household. Claimant alleges that his daughter was killed. The claim is denied on the ground that it relates to combat activity. There is a note in the file that "we paid claimant's brother [exempted] for 2 deaths, 2 injuries, and for damage to the house [exempted]." |
| Army Bates 27466-27493 | Army | 11/13/06 | Al Doura, Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act for $17,000. Claimant alleges that US Forces raided his home, killing his two sons, his daughter, injuring himself and his wife and two other people, and causing damage to his property and animals. FCA claim is denied as combat activity related and a note in file states that the investigator thinks that claimant's two sons might have been Improvised Explosive Devise emplacers. A condolence letter in the file states that a condolence payment of $4,500 was authorized for the death of claimant's daughter and injury to claimant's two sons. |
| Army Bates 27494-27506 | Army | 02/27/05 | Al Yousifya, Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act for $1,000. Claimant alleges that US Forces shot and killed her husband and that she was given a $2,500 condolence payment for his death. Claimant files FCA claim for damage to the car. The FCA claim was denied as combat related but the claim was forwarded for an additional condolence payment which was approved for $1,000. |
| Army Bates 27507-27517 | Army | 07/07/08 | Al-Asad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act for $5,000. Claimant alleges that US Forces killed her brother and damaged his car and seeks $2,500 for his killing and $2,500 for the damage to his car. US Forces state that victim was third taxi in line and the two taxis in front of him slowed down while he kept approaching the convoy at an accelerated speed. Claim is denied but appears to have been paid for $2,500 as a condolence payment. |
| Army Bates 27518-27531 | Army | 10/08/06 | Kamdesh PRT, Kamdesh District, Nuristan Province, Afghanistan | Condolence payment made in relation to the death of a young Afghan boy. Not clear how much compensation granted. This file is composed of parts of a 15-6 investigation into the incident. US Forces went to Kamdesh to investigate damage to a bridge. After they had assessed the damage and were moving back to the base they were ambushed. During the cross-fire a young Afghan boy was killed by US Forces. US Forces met with the local leaders and gave their condolences and the local population stated that they blamed the ambushers and not US Forces. A solatia/condolence payment was made. |
| Army Bates 27532-27545 | Army | 10/18/07 | Al-Mastal, Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims for the death of her husband. Claimant's husband was crossing the street when a US Forces vehicle driving on the wrong side of the road ran him over and killed him. Claimant seeks $12,000 and is instead granted $6,000 under the FCA. |
| Army Bates 27546-27561 | Army | 10/02/06 | Zeona, Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act for the death of her husband. Claimant alleges that her husband while driving was crushed by a US Forces tank and died. Claim was initially denied as lacking evidence of US negligence but then claimant re-filed with additional evidence (the claim folder) and sought $12,000 for the death of her husband and $6,000 for the damage to the car. Her claim was settled for $10,000. |
| Army Bates 27562-27583 | Army | 01/21/08 | Zeona, Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act for the death of her son. Claimant alleges that her son was walking with a backpack on and was shot at and killed by US Forces snipers. Claimant seeks $12,000. An Army 15-6 Investigation is conducted and it is determined that the sniper team need more training on Rules of Engagement but behaved properly in killing the victim because the victim was in an area known for Improvised Explosive Devises and placed on the floor a bag that emitted heat emissions. It turned out that the bag was filled with metal cans that the victim was collecting. The 15-6 investigation concluded that the snipers reacted properly and the FCA claim was denied as no evidence of US negligence. No reference made to condolence payment. |
| Army Bates 27584-27603 | Army | 03/03/07 | Al-Ameen, Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act for the death of her mother and father. Claimant alleges that her mother and father were visiting a relative and on the way driving there their car was run over by a US Forces tank, resulting in the death of her mother and father and the destruction of their vehicle. Claimant seeks $30,000, composed of $12,000 for each of the persons killed and $6,000 for the damage to the vehicle. |
| Army Bates 27604-27621 | Army | 06/01/07 | Zeona, Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act for the death of her son and the damage to his vehicle. Claimant alleges that a US Forces tank was traveling down the wrong side of the road and crushed her son in his car. Claimant seeks $22,000, composed of $12,000 for the death of her son and $10,000 for the damage to his car. The claim is settled for $6,000, which appears to be solely for the damage to the son's car. |
| Army Bates 27622-27638 | Army | 07/12/07 | Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act for the death of his/her son. Claimant alleges that his/her son was killed in an air attack by US Forces helicopters. Claimant seeks $12,000 for the death. The claim is denied as related to combat activities. Claimant files for reconsideration but without any supporting new evidence and the claim is denied once again as arising out of combat activity exception. |
| Army Bates 27639-27658 | Army | 12/12/07 | Baladiat, Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act for the death of her son and husband. Claimant alleges that a US Forces convoy was driving on the wrong side of the road and hit the car her husband and son were in resulting in the deaths of her husband and son and destroying their car. Claimant seeks $30,000, composed of $12,000 for each death and $6,000 for the vehicle. The claim was settled in the amount of $10,000. |
| Army Bates 27659-27683 | Army | 11/11/07 | Baladiat, Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act for the death of his school aged child. Claimant alleges that an explosion occurred outside his daughter's school at which point US Forces started firing randomly. The school master told the children to enter the hallway to be protected from the shooting but one of the shots hit claimant's school aged daughter in the heart and she died. Claimant seeks $12,000 and his claim is denied on the ground that there is insufficient evidence of US negligence. Claimant files for reconsideration and introduces a statement from himself and the school master. The claim for reconsideration is denied on the ground that it does not present new evidence. |
| Army Bates 27684-27715 | Army | 08/22/07 | Adura, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act for the death of her husband. Claimant alleges that her husband was driving and was in a car accident with a US Forces vehicle that was driving on the wrong side of the street. Claimant seeks $15,000 for the death of her husband and destruction of his car. Claim is denied for lack of sufficient evidence of US negligence. Note in file states that the claim is not from the area and the claimant may be trying to submit a claim that has been previously denied or previously paid. |
| Army Bates 27716-27716 | Army | 05/22/06 | Al Dora, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act for the death of his mother. According to the Army memorandum the claimant's mother was on her way to work in a taxi. US Forces had set up a temporary checkpoint in response to an Improvised Explosive Devise detonation that had occurred. The taxi claimant's mother was in did not understand the directions to stop and an Escalation of For ce occurred resulting in the death of claimant's mother. The Army opinion states as follows: "This claim is not compensable under the FCA. The claim arose out of combat activities and therefore falls under the combat activities exclusion of the FCA. I met with the claimant and find him to be entirely credible. He had previously filed his fully documented claim . . . and his file was lost due to our fault. This claim is being forwarded . . . with a recommendation for a [Commander's Emergency Response Program condolence] payment of the maximum amount possible." File does not state whether a CERP condolence payment was actually made. |
| Army Bates 27717-27718 | Army | Completely redacted. | ||
| Army Bates 27719-27719 | Army | Completely redacted. | ||
| Army Bates 27720-27720 | Army | 12//2007 | Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act for the death of her son. Claimant and her son were returning from Syria back to Baghdad, Iraq, because of the improvement in the security situation. They were on a passenger bus. The passenger bus did not respond to warning signs from an oncoming US Forces convoy and the convoy attacked the bus resulting in harm to several passengers, including the death of claimant's son. Claimant's claim was denied. This memorandum suggests that claimant be granted a Commander's Emergency Response Program condolence payment. File does not state whether a CERP condolence payment was actually made. |
| Army Bates 27721-27721 | Army | Completely redacted. | ||
| Army Bates 27722-27723 | Army | 09/09/06 | Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act for the death of her son. Claimant seeks $30,000. The Memorandum is issued by the Multi-National Corps - Iraq. The facts are stated as follows: "Facts: Claimant states that at 1100 on 9 September 2006 her son, was driving towards the market when a US convoy, approaching the wrong way on the street, ran into his vehicle. He was killed immediately. The claimant did not file a claim until now because she had left Iraq and fled to Kuwait to avoid the security situation in Baghdad. She has now returned and learned that she could file a claim. The claimant seeks $30,000 in compensation for the death of her son." The opinion section of the Memorandum states as follows: "This claim is compensable under the Foreign Claims Act and the claim was timely filed. The convoy was not moving to or from combat at the time of the accident and the accident was not combat-related. Therefore the combat exclusion of the FCA does not apply and the claim can be compensated as noncombat activity involving the maneuvering of tactical vehicles. Although there was no sigact available for the incident, given the timeframe of the claim this is not surprising. Absence of a sigact is not dispositive. The claim card presented aligns with the facts and there is no reason to believe that the claim card is a forgery. The unit that issued the claims card has already redeployed. The facts as presented are entirely believable and there are no indicators of fraud." Authority is listed as "The Foreign Claims Act (10 U.S.C. § 2734) as implemented by AR 27-20, Chapter 10." And action is stated as "The claim is granted in the amount of $30,000." |
| Army Bates 27724-27740 | Army | 09/09/06 | Baghdad, Iraq | Related to same incident as 27721-27723. This is the claimant's actual filed Foreign Claims Act claim. |
| Army Bates 27741-27742 | Army | 09/29/07 | Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act for the deaths of her sons and damage to their vehicle. Claimant seeks $35,250. The Memorandum is issued by the Multi-National Corps - Iraq. The facts section states: "Claimant’s two sons were driving in their grey Audi on 29 September 2007 when a US convoy struck the vehicle from the rear, turning the vehicle, and then struck again from the side of the vehicle. The claimant’s two sons were killed instantly. The claimant’s relatives were called to Al Karkh hospital, where the bodies were taken. There they were given a claims card left by 1-14 CAV and a note written by LT convoy commander, written on Rite in the Rain paper. Claimant requests $15,000 for the death of each son, and $5,250 for the total loss of the vehicle." The opinion states: "This claim was initially almost denied due to suspicion of fraud. After showing the claim to 2/101 AA, CPT was told that they had received the same claims card in the past and that it had been determined to be false. However, after looking at the alleged claim card copy, it was determined that they were not in fact the same and the claims cards had been issued on different dates, although in the same location, Holland Apartments. 1-14 CAV was active in that area during the time of the incident claim re is no reason to believe that this claim is fraud specially given the note written by LT on Rite in the Rain paper. Attempts to reach LT were unsuccessful. The claim is compensable under the FCA as damage from maneuvers not related to combat. The amount claimed for the vehicle is reasonable and the claimant depreciated the price of the car down from the original value when claiming $5,250." The authority section states: "The Foreign Claims Act (10 U.S.C. § 2734) as implemented by AR 27-20, Chapter 10." The action states: "The claim is granted in the amount of $35,250." |
| Army Bates 27743-27764 | Army | 09/29/07 | Iraq | Related to same incident as 27741-27742. This is the claimant's actual filed Foreign Claims Act claim. |
| Army Bates 27765-27782 | Army | 7/7/2007 | Adore Road, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act for $15,000, on behalf of her husband and son who were killed in an accident with Coalition Forces. The Foreign Claims Commission apologized for property damages and denied the Iraqi woman's claim by stating that the evidence provided showed that damages were the result of combat activity operations and this is not compensable. Picture of the car included in the file shows severe damage to the car. Documents largely redacted. |
| Army Bates 27783-27814 | Army | 7/31/2006 | Doura, Rashdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act for $12,000, on behalf of her his son who was shot and killed by a sniper when he went on the roof of his house to look at the Coalition Force patrol. The decedent was shot in the head sometime between 2-2:30 am. The claim was denied but on September 8, 2008, the claimant received a Commander's Emergency Response Program condolence payment for $2,500 for the death of Claimant's son and for property damage. Documents largely redacted. |
| Army Bates 27815-27839 | Army | 5/6/2007 | Al Doura, Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act for $4,166, on behalf of her son, "Omer," who was shot and killed by Coalition Forces. Although the Federal Claims Commission expressed sympathy for the loss of her son, Claimant was denied because of "insufficient evidence," and the decedent was found to have been killed incident to combat activity. "US Involvement" acknowledged. Documents largely redacted. |
| Army Bates 27840-27882 | Army | 12/21/2006 | Al Dijeal district, on the highway between Baghdad and Tikrit, Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act for $10,000, on behalf of her husband who was shot in the head and killed by US Forces during an Escalation of Force incident. The decedent died when a US convoy shot at his vehicle, a dark green KIA. The vehicle sustained damage to the front windshield and the front of the vehicle. Claim was denied as the Investigator found that "the death of Claimant's husband was the result of proper conduct by US forces acting IAW proper escalation of force procedures" and that the death was caused by combat activity. Documents largely redacted. |
| Army Bates 27883-27925 | Army | 12/21/2006 | Al Dijeal district, on the highway between Baghdad and Tikrit, Baghdad, Iraq | Related to and same document set as 27840-27882. |
| Army Bates 27926-27972 | Army | 5/30/2006 | Dhi-Qar province, on the main road towards the sand quarry near the Strategic oil pipeline, Iraq | Claim by Iraqi civilian, from the Karbala province, for compensation under the Foreign Claims Act for $16,300, on behalf of her husband who was shot and died approximately two months after the incident. The decedent was a passenger in a dump truck when the truck was approached by a US Forces humvee travelling counter to traffic. The dump truck stopped to allow the humvee to pass but after stopping, was fired upon. The driver sustained minor injuries but the passenger suffered severe injuries. The passenger was air lifted to a military hospital and was unconscious for approximately a month when he was moved to the Adnan Khair Allah Hospital in Baghdad. Although his family searched for the decendent from the date of the incident, they coulld not locate him until he was transferred and even then could not recognize him due to his injuries (he was only identified by a handwritten tag with his name and the date of the incident on it). By the time he arrived at the Adnan Khair Allah Hospital, the decedent suffered "distortions" to the face and body, an amputated leg, and paralysis in both hands. After 25 days in the Adnan Khair Allah Hospital, "warts has eaten [decendent's] body and both his kidneys have stopped," which caused his death on 8/4/06. The Foreign Claims Commission permitted compensation in the amount of $16,100 for damages caused by noncombat activities and acknowledged that the death was caused by "the negligence of US forces." Documents largely redacted. |
| Army Bates 27973-28010 | Army | 3/24/2005 | Babel highway near Abu Gharaq, crossing highway of Hilla Karbala, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act for $40,000, on behalf of her son, who was killed, and herself, who miscarried twins and suffered a fractured right foot when she and her son were struck in their vehicle by a US Forces humvee travelling on the Karbala-Hilla highway. The Foreign Claims Commission approved her claim in the amount of $40,000 based on the negligent acts of US Forces. Documents largely redacted. |
| Army Bates 28011-28042 | Army | 08/26/07 | Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act for $3,000 on behalf of his daughter who was killed when US Forces conducted a controlled denotation on his neighbor's house at 3:00 p.m. on August 26, 2007, which caused a wall in claimant's house to fall on his daughter. The Department of the Army and Foreign Claims Commission denied the claim stating that it is not compensable as there was "insufficient evidence of negligence by U.S. Forces." Claimant may have received a Commander's Emergency Response Program payment of $5,000. Documents largely redacted. |
| Army Bates 28043-28074 | Army | 08/26/07 | Baghdad, Iraq | Related to and same document set as 28011-28042. |
| Army Bates 28075-28110 | Army - Captain Heaton, 2-12 Calvary, Squadron 5, 2nd BDE, 1st Cavalry | 04/17/05 | Al Risala, Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act for $7,000, on behalf of her father who was killed when her home was "mistakenly engaged" by Coalition Forces resulting in "severe structural damage" to her home. A "Legitimacy of Claim" memoranda was prepared by Captain Heaton of the 2-12 Calvary. The Iraqi woman appears to have submited her claim on January 3, 2008. The claim forms mistakenly identify the date of the incident as August 5, 2005 (mistake may have resulted from a submission of a replacement card as the original claim card was lost when claimant's son, carrying the original claim card, was shot and killed before the claim could be completed). The claim was denied as the Claims Commission found that there was insufficient evidence shown to prove that US Forces acted negligently (despite the memoranda from Captain Heaton) and because the claim was made (on January 3, 2008) after the two year statutory limit. Pictures of damage to the claimant's home are included (Document Nos. 28100 - 28110). Documents largely redacted. |
| Army Bates 28111-28146 | Army - Captain Heaton, 2-12 Calvary, Squadron 5, 2nd BDE, 1st Cavalry | 04/17/05 | Al Risala, Baghdad, Iraq | Related to and same document set as 28111-28146. |
| Army Bates 28147-28170 | Army | 10/11/07 | Baghdad, Iraq | Claim by Iraqi civilian for compensation under Foreign Claims Act. Iraqi women submits claim that her son was shot and killed by US Forces. Claimant states that she thinks US Forces killed her son because they thought he was an insurgent but they were wrong because he was too young to carry a weapon and was not guilty. The amount she requested in her claim was $15,000. Foreign Claims Commission denied her claim stating that there is insufficient evidence of negligence by US Forces and that the incident occurred during combat activity. Claimant statement included in file. Handwritten note and file states the following: "Reconsideration: Claims Card I Recommend [Commander's Emergency Response Program (condolence payment)] because she cried when I did the denial - SGT [redacted]." The file does not state whether a condolence payment was made. |
| Army Bates 28171-28194 | Army | 10/11/07 | Baghdad, Iraq | Related to and same document set as 28147-28170. |
| Army Bates 28195-28227 | Army | 01/24/06 | Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant alleges that his son was killed by US Forces and seeks $10,000 for the death of his son and $2,500 to the damage to his son's vehicle. The claim is denied on the ground that there is insufficient evidence that it arose out of the negligence of US Forces. Then a condolence payment request is filed and a payment of $1,000 is authorized with the incident being described as follows: "Death of a Military aged male due to Coalition Forces engaged in a Troops Contact situation." |
| Army Bates 28228-28255 | Army | 06/02/07 | Al Shaab, Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant alleges that he, his wife, and his one-year-old son were driving down a road when a US Forces convoy driving down the wrong side of the road hit his vehicle. Claimant's wife and child were killed. Claimant states that he was not informed of their death until he had recovered and at that point found a claims card that US soldiers had apparently placed in his clothing. Claimant sought $29,000, composed of $12,500 for the death of his wife, $12,500 for the death of his one-year-old child, and $4,000 for the damage to his vehicle. The claim was approved and settled for $15,000. |
| Army Bates 28256-28285 | Army | 05/27/07 | Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant alleges that US Forces were conducting a series of home raids and raided his home. Claimant alleges that his brother, who has schizophrenia, was asleep and was shot by US Forces in the chest and leg and that his brother died of his injuries. Claimant seeks $15,000. US Forces position is that the brother was not asleep. According to the US Forces the brother was behaving aggressively toward US Forces and lunged at a US soldier and tried to take the soldier's weapon, at which point the soldier shot and killed claimant's brother. The FCA claim was denied as arising out of combat activity. |
| Army Bates 28286-28316 | Army | 11/25/06 | Baghdad, Iraq | Claim by Iraqi civilian under the Foreign Claims Act. Claimant requests for loss of life settled for $10,000. Claim brought by woman whose husband was killed in a car accident when a US convoy struck his vehicle as he came home from work. Damage listed as death and damage to vehicle from non-combat activities. Army statement says victim was not at fault, and wife's statement says that the convoy was driving on the wrong side of the road. |
| Army Bates 28317-28353 | Army | 02/02/07 | Baghdad, Iraq | Claim by Iraqi civilian under the Foreign Claims Act. Claimant requests for loss of life settled for $5,000. Claimant originally requested $15,000. Claimant was sister of Iraqi man killed by US vehicle in car accident, with the US vehicle driving down the wrong side of the road. The report notes that the decedent was "the only (sic) responsible to feed his family." |
| Army Bates 28354-28373 | Army | 08/27/07 | Baghdad, Iraq | Claim by Iraqi civilian under the Foreign Claims Act. Claimant requests and is granted $5,000 under Foreign Claims Act. Claimant's son was in the vicinity of a firefight between US personnel and Iraqi forces, fled the area, and was shot and killed by a US helicopter. |
| Army Bates 28374-28390 | Army | 08/27/07 | Al Shaar, Baghdad | Claim by Iraqi civilian under the Foreign Claims Act. Claimant requests and is granted $4,000 under Foreign Claims Act. Claimant's husband stepped out of their home while a firefight was occurring in the area. He was shot through the heart by US Forces and died. |
| Army Bates 28391-28407 | Army | 02/25/06 | Yusufiya, Baghdad | Claim by Iraqi civilian under the Foreign Claims Act. Claimant requests and is granted $5,000 under Foreign Claims Act. Her son was walking to school and was shot through the head by US Forces during a firefight. |
| Army Bates 28408-28434 | Army | 04/13/06 | Mahmoudiya, Baghdad, Iraq | Claim by Iraqi civilian under the Foreign Claims Act. Claimant requests and is granted $10,000 under Foreign Claims Aact. Her son was driving when he struck a US Forces vehicle that was part of a US roadblock. He died in the crash. |
| Army Bates 28435-28456 | Army | 09/17/07 | Owesat, Usufiyah, Iraq | Claim by Iraqi civilian under the Foreign Claims Act. Claimant requests $3,200 but is only granted $1,000 under Foreign Claims Act. Coalition Forces "raided his house, broke his windows and doors, shot and killed his father, and wounded him." The report notes that Owesat is a poor town without access to supplies they might need to document incidents such as the one reported here. However, this report also states that the claim contained both photographs and documents. |
| Army Bates 28457-28472 | Army | 05/25/06 | Yusufiya, Baghdad, Iraq | Claim by Iraqi civilian under the Foreign Claims Act. Claimant requests and receives $5,000 under Foreign Claims Act. Coalition Forces mortar struck his house, killing one of his daughters and wounding another. |
| Army Bates 28473-28498 | Army | 06/18/07 | Owesat, Usufiyah, Iraq | Claim by Iraqi civilian under the Foreign Claims Act. Claimant requests $5,000 but receives only $1,000 under Foreign Claims Act. Claimant's husband was in the vicinity of a Coalition Forces raid, became frightened, and fled. He was then shot and killed by Coalition Forces. Report contains the same language as Document 349 about Owesat's inaccessibility and poverty making documentation of incidents difficult. However, photographs of a damaged vehicle are included in the file. |
| Army Bates 28499-28507 | Army | Not clear-claims form submitted Jan. 22, 2008 | Yusufiya, Baghdad, Iraq | Claim by Iraqi civilian under the Foreign Claims Act. Claimant requests and receives $5,000 under Foreign Claims Act. Coalition Forces vehicle hit an Improvised Explosive Device and opened fire on a nearby vehicle, killing claimant's father. |
| Army Bates 28508-28531 | Army | 09/17/07 | Owesat, Usufiyah, Iraq | Claim by Iraqi civilian under the Foreign Claims Act. Claimant requests $7,200 but only receives only $1,500 under Foreign Claims Act. Claimant's son was killed in a Coalition Forces raid that also left another of his sons wounded and damaged his home. This report contains the same language about Owesat as Documents 349 and 351. |
| Army Bates 28532-28555 | Not clear | 09/07/05 | Mahmoudiya, Baghdad, Iraq | Claim by Iraqi civilian under the Foreign Claims Act. Claimant requests $3,500 for death of his brother, shot and killed while driving past a Coalition Forces patrol. Unclear whether request was under Foreign Claims Act or was to be a Condolence/Solatia payment. The request was denied, despite a death certificate and photographs of the vehicle, because the incident occurred more than 2 years before the complaint was filed. |
| Army Bates 28556-28564 | Army | 09/17/07 | Iraq | Claim by Iraqi civilian under the Foreign Claims Act. Claimant requests $3,000 but is only granted $2,500 under Foreign Claims Act. His son was shot and killed by a "random bullet" during Coalition Forces raid. |
| Army Bates 28565-28575 | Army | 07/13/06 | Iraq | Claim by Iraqi civilian under the Foreign Claims Act. Claimant requests $8,000 but is only granted $6,000 under Foreign Claims Act. Claimant was driving to Falluja when CF forces fired on her vehicle, shooting and killing her daughter and granddaughter. |
| Army Bates 28576-28584 | Army | 03/08/06 | Iraq | Claim by Iraqi civilian under the Foreign Claims Act. Claimant requests $7,000 but only receives $5,000 under Foreign Claims Act. Claimant's two brothers were shot and killed by Coalition Forces while they were fishing in a river. |
| Army Bates 28585-28596 | Army | 09/10/06 | Iraq | Claim by Iraqi civilian under the Foreign Claims Act. Claimant requests $1,500 but only receives $1,000 under Foreign Claims Act. Her husband was shot and killed by Coalition Forces while he was farming in his field. |
| Army Bates 28597-28605 | Army | 05/15/06 | Qarguli, Iraq | Claim by Iraqi civilian under the Foreign Claims Act. Claimant requests and receives $1,000 under Foreign Claims Act. Her son was shot and killed by Coalition Forces "during a firefight with Anti-Iraqi Forces." |
| Army Bates 28606-28618 | Army | 05/15/07 | Iraq | Claim by Iraqi civilian under the Foreign Claims Act Requests $10,000 and receives only $2,000 under Foreign Claims Act. Coalition Forces mortar shrapnel struck claimant's pregnant wife in the stomach, causing her to lose the baby. The report indicates there was "no claims card. No proof." Also indicates that claimant's shop was broken into and burglarized, but it's unclear how the mortar shell is related to that burglary. |
| Army Bates 28619-28626 | Army | 05/14/07 | Iraq | Claim by Iraqi civilian under the Foreign Claims Act Requests $10,000, but receives only $5,000 under Foreign Claims Act. Anti-Iraqi Forces locked her and her children in a room and killed her father. Coalition Forces then engaged AIF and killed her husband. |
| Army Bates 28627-28675 | Army | 12/02/05 | Balad, Iraq | Claim by Iraqi civilian under the Foreign Claims Act Requests $26,150 under FCA for the death of his brother, but Army denies claim. Report suggests "consider for CERP." The report concludes that the US military action was proper, and that the decedent drove towards a US convoy at high speed. Iraqi witness statements, however, report that the decedent pulled over and that the US Forces fired on his car anyway, shooting and killing him. |
| Army Bates 28676-28690 | Army | 03/11/05 | Baghdad, Iraq | Claim by Iraqi civilian under the Foreign Claims Act Requests and is awarded $12,500 for the death of her son. Claimant's son was fired upon by a US convoy while driving in front of them, and the report indicates that the US convoy was at fault. |
| Army Bates 28691-28693 | Army | 01/09/05 | Khadamiya, Baghdad, Iraq | Claim by Iraqi civilian under the Foreign Claims Act Requests and is awarded payment, either for $1,000 or for $2,500. The report is contradictory. The report is also unclear about whether the payment was merited under Foreign Claims Act, solatia, or condolence. Claimant's husband was caught in crossfire between Coalition Forces and Anti-Iraqi Forces while he was waiting at a gas station. He was shot and killed. |
| Army Bates 28694-28702 | Army | 08/05/07 | Iraq | Claim by Iraqi civilian under the Foreign Claims Act Requests $6,000 but is only awarded $5,000 for the death of her son under FCA. Her son was killed in the crossfire during a firefight between Anti-Iraqi Forces and Coalition Forces. |
| Army Bates 28703-28712 | Army | 02/13/07 | Iraq | Claim by Iraqi civilian under the Foreign Claims Act Requests $5,000, but only receives $1,500 for the death of his son, who was shot and killed in the crossfire of a firefight between Anti-Iraqi Forces and Coalition Forces. |
| Army Bates 28713-28731 | Army | 10/12/07 | Kirkuk, Iraq | Condolence payment made to father of decedent in the amount of $2,500. Foreign Claims Act claim denied, because the report finds no liability on the part of US Forces. Strangely, the report indicates the Foreign Claims Act request was for $1.00. The incident occurred as a US convoy hit an Improvised Explosive Device, then opened fire on what the witness statements describe as a man in black fleeing the roadway near the site of the Improvised Explosive Device. A child in white was shot and killed. The age of the child is redacted throughout the report. |
| Army Bates 28732-28743 | Army | 11/06/07 | Kirkuk, Iraq | Condolence payment made to unidentified party after unidentified individual was killed by US gunshots. The Foreign Claims Act claim was denied for insufficient evidence of wrongdoing, and again the claim was in the strange amount of $1.00. The incident occurred as a US convoy pulled into the wrong lane of a two lane highway to pass traffic. The lead car waved an orange flag and fired warning shots to ward off oncoming traffic. According to the report, the gunshots ricocheted into a car, killing one individual. |
| Army Bates 28744-28782 | Army | 07/01/07 | Sherkat, Iraq | Claim by Iraqi civilian under the Foreign Claims Act Requests $2,500 denied for insufficient evidence of wrongdoing. A condolence payment of $2,500 was made. The decedent was killed by US Forces fire. The decedent was a passenger in a taxi that passed other vehicles and failed to stop after US Forces fired warning shots. At that point, US Forces fired on the vehicle, striking and killing two children and wounding others in the taxi. |
| Army Bates 28783-28789 | Army | 08/06/07 | Kirkuk, Iraq | Claim by Iraqi civilian under the Foreign Claims Act Requests $2,500 denied under Foreign Claims Act, but same amount granted as condolence payment, to claimant whose mother was killed by US Forces fire. Claimant was in a car with his family when the car pulled around other cars stopped at a US checkpoint. The report indicates that the car failed to respond to warning shots, at which point the US Forces fired upon the car, killing claimant's mother. |
| Army Bates 28790-28800 | Army | 07/01/06 | Yusufiyah, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. The claimant stated that her son was killed by CF while farming. She requested and received $2,500. The claim attorney stated that the claim packet contained credible evidence of damage caused by U.S. forces not involved in combat operations. The incident occurred in July 2006 and the claimant received the funds in May 2008. |
| Army Bates 28801-28820 | Army | 12/27/07 | Mohmadia, Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. The claimant stated that her four sons were killed by a U.S. airstrike. Her 4 sons were trying to help a neighbor. She requested $15,000 and received $10,000. The incident occurred on 12/27/07 and the claimant received the funds in 05/21/08. |
| Army Bates 28821-28840 | Army | 08/07/07 | Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. The claimant stated that his loved one was killed at a checkpoint, probably in a car accident. It is noted that the car is damaged and a 'person is dead'. He asked for $17,800 and received $11,000. The claimant's relationship is unclear. |
| Army Bates 28841-28858 | Army | 12/31/07 | Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. The claimant stated that her husband was killed while he was walking. He was killed by a sniper at the base. The incident occurred on 12/31/07 and the claimant received the funds on 05/24/08. The claimant requested $22,000 and received $12,000. |
| Army Bates 28859-28873 | Army | 09/15/07 | Aldorah, Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. The claimant stated her son was shot and killed during a firefight. The claim was denied because of the combat exception. However, the claimant received a condolence payment. The claimant requested $15,000 and received $2,500. |
| Army Bates 28874-28901 | Army | 06/09/07 | Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. The claimant stated that her son was killed in a vegetable shop by CF. The incident occurred on 88888 and the claimant received the funds on 04/26/08.The claimant requested $15,000 but received $12,000. |
| Army Bates 28902-28931 | Army | 06/09/07 | Baghdad, Iraq | Repeat 28874-28901. |
| Army Bates 28932-28964 | Army | 07/08/07 | Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant states her sons were killed by in an airstrike by the U.S. forces. The claim was denied under the combat exception. The report noted there was insufficient data to evidence that CF was involved in her sons' deaths. The claimant requested $40,000 but received no payment. |
| Army Bates 28965-28991 | Army | 03/03/07 | Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant states that his mother and brother were killed in a vehicle accident with the U.S. Army patrol. The car was totaled as well. The claimant requested $30,000 but received $12,000. However, there was a note stating that $15,000 was the recommended payment. |
| Army Bates 28992-29003 | Army | 09/21/06 | Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant states that a U.S. tank ran into a minibus driven by the claimant's brother. The brother was killed in the accident. The claimant requested $50,000 but received no payment. The claim was denied due to lack of sufficient evidence that the U.S. forces acted either negligently or wrongfully. The Army's own files show information that is not shown in the claimant's documents. The Army's document states that the claimant requests $50,000 for bruised hands, however, the claimant's documents states that the $50,000 request is for the death of his brother and three dead persons whose relationship to the claimant is unclear. |
| Army Bates 29004-29034 | Army | 12/17/07 | Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant states that her husband was shot and killed by CF. Claimant's husband was on his way to work. Claimant has five children and states that her husband was the sole supporter of the family. Claimant requested $2,500. A $5,000 payment was approved, but only $2,500 was paid. |
| Army Bates 29035-29063 | Army | 09/20/06 | Specific Location unclear, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant states that his brother was killed by U.S. forces and his tractor was destroyed. Claimant requested $10,000 but received $5,000. |
| Army Bates 29064-29082 | Army | 09/01/06 | Baghdad, Iraq | Note on the first page: "Duplicate? I've seen this one several times" Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant states his home was mistakenly targeted by an Air Weapons Team. Claimants children were killed, his wife paralyzed and he suffered a gunshot wound to his left leg. According to the documents submitted by the claimant, he has requested compensation for injuries to his leg and destruction of his home. Claimant requested $8,300 but received $5,000. |
| Army Bates 29083-29110 | Army | 02/02/07 | Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant states his wife was shot and killed by CF while she was driving. The car was also destroyed. Claimant requested and received $15,000. |
| Army Bates 29111-29135 | Army | 05/25/06 | Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant states that the U.S. Army mortared the area, destroying his house and killing his brother. Claimant did not provide a death certificate for his brother. Claimant requested $83,300 but received $15,000. |
| Army Bates 29136-29167 | Army | 09/07/07 | Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant states that a CF convoy ran into his vehicle, killing his brother and mother. Claimant requested $16,500 but received $15,000. |
| Army Bates 29168-29195 | Army | 12/02/07 | Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant states that a U.S. Army convoy hit their car. His son was killed and the car was totaled. Claimant requested $13,000 and received $13,000. The car was worth $7500. |
| Army Bates 29196-29216 | Army | 01/23/07 | Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant states that her husband died after a CF convoy accident. The claimant requested $12,000 and received $12,000. |
| Army Bates 29217-29237 | Army | 01/14/08 | Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant states that her husband was hit by a CF convoy and died on the scene. Claimant requested $12,500 but received $10,000. |
| Army Bates 29238-29265 | Army | 08/14/07 | Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant states that her husband was shot and killed by CF. Claimant has requested $10,000 and received $10,000. |
| Army Bates 29266-29290 | Army | 11/21/07 | Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant states that the CF Convoy hit his vehicle which resulted in the death of his brother, who was a passenger. Claimant's car was damaged. Claimant requested $15,000 and received $15,000. |
| Army Bates 29291-29318 | Army | 06/20/07 | Abu Ghraib, Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Compensates claimant $15,000 for damages (claim was for $16,000) arising from car accident where Coalition Forces convoy not involved in combat operations hit his car that his father was driving, killing his father (brain hemorrhage due to severe shock) and destroying the vehicle. Claimant asked for $11,000 for the car and $5,000 for the death of his father. 14.5 pages of the file are redacted for foreign language text. |
| Army Bates 29319-29352 | Army | 08/07/07 | Abu Ghraib, Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Compensates claimant $15,000 for damages (same amount claimed) arising from car accident where Coalition Forces convoy not involved in combat operations hit the car that her husband was driving, killing her husband and son (one cause of death is listed as "severe broken bones of skull and chest ribs, with severe hemorrhage internally" and other is "car accident with the American forces, which led to broken of the skull and damage of the brain") and destroying the vehicle. Claimant asked for $5,000 for the car and $5,000 each for the death of her son and husband. Claims log states "If we did hit him, it was head on and very fast." 12 pages of the file (and parts of 2 more pages) are redacted for foreign language text. Page 29352 is picture of the destroyed car. |
| Army Bates 29353-29361 | Army | 03/26/07 | Darghuri, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Compensates claimant $15,000 for damages (same amount claimed) arising from an Improvised Explosive Device that detonated near claimant's home, causing Coalition Forces to shoot in the direction of the blast, killing his sister. 3 pages of the file are redacted for foreign language text. |
| Army Bates 29362-29374 | Army | 04/23/07 | Yusifiyah, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Compensates claimant $1,000 for damages (same amount claimed) arising from incident where her son was shopping in the market and a fight broke out between Coalition Forces and Al-Qaeda In Iraq ("AQIZ") resulting in claimant's son being shot and killed. Claimant also claims mortars damaged her house. 7 pages of the file (and parts of 1 more) are redacted for foreign language text. (NB - claims intake form (29372) says "husband and son" were shot, but "husband and" seems crossed out. Also says "weak evidence; no picture of son"). |
| Army Bates 29375-29381 | Army | 08/29/06 | Kemple, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Compensates claimant $5,000 for damages (same amount claimed) arising from incident where Coalition Forces fired into the area and "accidentally" wounded claimant and killed his daughter. 1 page of the file (and parts of 1 more) is redacted for foreign language text. (NB - claims intake form (29380) says "saw 2 bullet wounds & original death certificate for his daughter") |
| Army Bates 29382-29390 | Army | 04/29/06 | Kemple, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Compensates claimant $4,000 for damages (same amount claimed) arising from incident where his daughter was outside and shot in the head. 3 pages of the file are redacted for foreign language text. |
| Army Bates 29391-29428 | Army | 04/14/07 | Sheik Ammar Area, Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Compensates claimant $5,000 for damages (same amount claimed) arising from incident where her husband was driving his vehicle in front of the Sheik Ammar CF base during a wedding ceremony and Coalition Forces opened fire "randomly" (per claimants' reports) and shot him in the head and chest, killing him. 15 pages of the file (and parts of 1 more) are redacted for foreign language text. (NB - reports from the dead man's brother and parent). |
| Army Bates 29429-29476 | Army | 05/27/07 | Al Shurta 5, Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Compensates claimant $8,000 for damages (same amount claimed) arising from incident where Coalition Forces "randomly" bombarded the area, damaging the room claimant's son and his wife lived in, killing the son and his wife and injuring several children. 21 pages of the file are redacted for foreign language text. (NB - 29454, an apparent police report, says "I found an entrance of gunshot in her head," which is odd if this death is the result of a bombardment. Also, 29456, another police report, likely for the other victim, says "The body almost completely destroyed with the opening of the abdomen completely and the left leg."). |
| Army Bates 29477-29526 | Army | 08/07/07 | Hour Regab, Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Compensates claimant $15,000 for damages (same amount claimed) arising from incident where Coalition Forces helicopter bombarded the area in Munajed village at 10am, killing her two sons and "their bodies [were] turned into pieces." 22 pages of the file are redacted for foreign language text. The bombing resulted in the destruction of many houses in the area. NB - claimant's husband (dead men's father) is "detained" in Bucca. |
| Army Bates 29527-29563 | Army | 09/04/07 | Abu Ghraib, Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Compensates claimant $15,000 for damages (same amount claimed) arising from incident at 6pm where his car "surprised" the Coalition Forces convoy, which "came wrong side toward me" "without stopping," hit his car and forced it to roll twice, and killed his wife and sons (or son) (NB - Claims log says cause of death is "head trauma because of a vehicle rollover from a convoy. All certificates basically say Coalition Forces convoy is the cause of death. I strongly disagree"). Uncertainty as to number of deaths (3 or 2. Likely 3). 16 pages are redacted for foreign language text. 29562 is a picture of the car. |
| Army Bates 29564-29583 | Army | 09/26/07 | Al Youssifeya, Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Compensates claimant $10,000 for damages ($13,500 claimed - $5,000 for the death, $8,500 for car) arising from incident at 9pm where Coalition Forces convoy hit her husband's car, killing him and damaging the car. 7 pages are redacted for foreign language text. NB - 29566 says "You have submitted a claim seeking compensation for the alleged damage to your house." This is a death due to vehicle accident, not damage to house, case. Also, document seems to be a rehash of another letter (old claim number and old claim amount are crossed out and written over). Pages 20581-83 are photos of the car, especially 29582. |
| Army Bates 29584-29602 | Army | 9/15/2006 | Dura Karkh, Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Compensates claimant $2,500 for damages (same as claimed) arising from incident where Coalition Forces shot her husband in the head in a firefight and killed him. 9 pages are redacted for foreign language text. NB - 29566 says "You have submitted a claim seeking compensation for the alleged damage to your house." This is a death due to vehicle accident, not damage to house, case. Also, document seems to be a rehash of another letter (old claim number and old claim amount are crossed out and written over). Pages 20581-83 are (horrible) photos of the car, especially 29582. |
| Army Bates 29603-29637 | Army | 08/21/06 | Yusifiyah, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Compensates claimant $2,500 for damages (same as claimed) arising from incident where Coalition Forces raided her house at 1am, and shot her husband and killed him (another report says a "son" was killed "for no reason" while he slept and when asked why Coalition Forces killed his/her son, person was told it was "by mistake" because a soldier was in "unstable condition.") 12 pages are redacted for foreign language text (along with parts of 3 others). NB - claimant seems to have lost originally, but wins on appeal. |
| Army Bates 29638-29661 | Army | 10/10/2007 | Al Shaab, Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Compensates claimant $15,000 for damages (same amount claimed) arising from incident where Coalition Forces convoy hit her husband's car, killing him and their son, and damaging the car. 12 pages are redacted for foreign language text. 29661 is a photo of the car. |
| Army Bates 29662-29684 | Army | 12/22/2006 | Abu Ghraib, Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Compensates claimant $15,000 for damages (same amount claimed) arising from incident where Coalition Forces convoy hit her husband's car after he "surprised" the convoy, killing him and damaging the car. 11 pages are redacted for foreign language text. 29684 is a photo of the car. |
| Army Bates 29685-29708 | Army | 08/02/07 | Abu Ghraib, Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Compensates claimant $15,000 for damages (claimant sought $18,000) arising from incident where Coalition Forces convoy hit his car, killing his father and sister and damaging the car. 12 pages are redacted for foreign language text. 29708 is a photo of the car. |
| Army Bates 29709-29725 | Army | 04/12/07 | Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Compensates claimant $5,000 for damages (same amount claimed) arising from incident where Coalition Forces was in a firefight with Al-Qaeda In Iraq ("AQIZ") near his house and a "stray bullet" killed his father. 6 pages of the file are redacted for foreign language text. |
| Army Bates 29726-29746 | Army | 10/09/07 | Hay Amel, Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Compensates claimant $7,000 for damages (same amount claimed) arising from incident where Coalition Forces convoy was on the wrong side of the road and hit his car, killing his brother and wife and injuring others. 4 pages are redacted for foreign language text (and parts of 1 more). 29745-46 are photos of the car. NB - Claims log says "payment is for the vehicle, no evidence for the deaths of family members" but then later says in the "description" that "CF tanks hit his vehicle killing his brother and wife." The IC Opinion About A Claim form says "US Army crashed and step over his car ..." |
| Army Bates 29747-29775 | Army | 09/12/07 | MMD (Mahmoudia), Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Compensates claimant $2,500 for damages (same amount claimed) arising from incident where Coalition Forces conducted an airstrike on a CL checkpoint at 4am and killed his son. 13 pages of the file are redacted for foreign language text. NB - Claims Log says "cause of death was shrapnel all over his body." |
| Army Bates 29776-29798 | Army | 09/12/07 | MMD (Mahmoudia), Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Compensates claimant $2,500 for damages (same amount claimed) arising from incident where Coalition Forces conducted an airstrike on a CL checkpoint at 4am and killed her husband. 10 pages of the file are redacted for foreign language text. NB - Claims Log says "cause of death was shrapnel all over his body." NB - also says this is "same incident as two other claims". |
| Army Bates 29799-29825 | Army | 03/17/07 | Abu Ghraib, Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant alleged that his wife was shot and killed by Coalition Forces/ Multi-National Forces who randomly open fired. Claimant requested $5,000 in compensation, but was awarded $1,500. According to paralegal notes, there was "no evidence" to support claimant's allegation though 2 witness statements, a death certificate, personal documents and investigation report were provided. Fallujah judge closed investigation against US Forces because they are immune. |
| Army Bates 29826-29841 | Army | Claim #1: 5/2/2007; Claim #2: 11/18/06 | Claim #1: Unknown; Claim #2: Yusufiyah, Al-Janabi area, Iraq | 2 DIFFERENT CLAIMS IN THIS FILE: Claim #1 (pg. 29829): Claimant alleged that mother was on her way to [unreadable location] when car blew up, killing all 7 female passengers. Claim #2 (pgs. 29832 - end): Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant alleged that Coalition Forces shot and killed her husband and requests $5,000. Claim was settled for only $2,000. |
| Army Bates 29842-29871 | Army | 09/12/07 | Mahmudiyah, Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant alleged that the CF conducted an air strike at a CLC checkpoint, killing her son. Claimant requested and received $2,500 in compensation. |
| Army Bates 29872-29879 | Army | 09/17/07 | Owesat, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant alleged that Coalition Forces helicopter shot and killed her daughter. Claimant requested $3,000, but received only $2,000. Note at the end says the first name of the deceased differs from the first name on the claim. |
| Army Bates 29880-29900 | Army | 11/06/07 | Abu Ghraib, Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant alleged that US Forces opened fire on his son as he was going to work. Son was shot in the head and died. Claimant requested and received $5,000 in compensation. Claimant presented investigation documents and 2 sworn statements. |
| Army Bates 29901-29923 | Army | 11/07/07 | Airport Way, Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant alleged that Coalition Forces convoy ran into her husband's car while he was driving, killing him and damaging the car. Claimant requested and received $13,000 ($5,000 for the death of her husband and $8,000 for the damage to the vehicle). Claimant provided claim card from the US Army confirming that they killed her husband and damaged his vehicle, vehicle registration and picture, and death certificate. |
| Army Bates 29924-29940 | Army | 10/15/06 | Inchon, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant alleged that Multi-National Forces shot at him and his father as they were driving. His father was killed and his vehicle damaged. Claimant requested and received $10,000 in compensation. |
| Army Bates 29941-29952 | Army | 03/01/07 | Shanghai, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant alleged that her son was killed by unexploded ordnance while walking near a patrol base. Coalition Forces transported the deceased and his grandfather to the hospital. Claimant requested $2,000, but received only $1,000. |
| Army Bates 29953-29977 | Army | 09/05/06 | Shanghai, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant alleged that Coalition Forces killed her husband and shot and destroyed her bus. Claimant requested and received $5,000 in compensation. |
| Army Bates 29978-30017 | Army | Date in some documents say 12/6/07 others say 12/6/08 | Kharagul, Iraq | Claim by Iraqi civilian for compensation was denied under the Foreign Claims Act because the incident occurred during combat. Claimant alleged that Coalition Forces killed her husband when he went out to their orchard. Coalition Forces gave her some rice and apologized. Claimant requested $10,000 in Foreign Claims Act claim, but claim was denied. The TF Bastogne Claims form has $4,600 listed for the damages. |
| Army Bates 30018-30038 | Army | 07/13/07 | Kamaliyah, Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant alleged that Coalition Forces killed her son by small arms when a US Forces patrol randomly fired at a bus in which he was riding. Claimant requested $12,000 in compensation. Claim was denied for the following reasons: loss was a result of combat operations, filing claimant is an improper claimant, claim lacked evidence to support US negligence or fault, claim lacked evidence to prove a loss, loss was a result of Anti-Coalition Forces, claimant filed for reconsideration of previous claim and provided no new evidence, and statute of limitations expired. |
| Army Bates 30039-30047 | Army | 08/11/06 | Sufiya, Ramadi, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant alleged that his wife and son were killed on their way to the market. Claimant requested $10,000 in compensation. No conclusion attached. |
| Army Bates 30048-30058 | Army | Not specified | Iraq | Memo re: Army 15-6 investigation examining an occurrence in Iraq to kill or capture Highly Valued Individuals (HVIs), which resulted in 15 non-combatant casualties. The investigation found no evidence of war crimes, violations of Rules of Engagement, or Law of Armed Conflict b/c the location was a legitimate military target and the operation resulted in the detention of HVIs. |
| Army Bates 30059-30077 | Unspecified | 04/12/07 | Qalat PRT/ FOB Lagman Range, Afghanistan | Most pages illegible. Memo re: A 7 year-old Afghan boy who was killed in an explosion. There is no explanation for what caused the detonation. Civilians carried the deceased to the gate and he was taken to the 541st Surgical Team. |
| Army Bates 30078-30088 | Army | 05/12/07 | New Baghdad, Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant alleged that his son was killed by Coalition Forces small arms when an American patrol raided his son's house and opened fire, shooting and killing the son. Claimant requested $10,000 in compensation. Claim was denied for the following reasons: loss was a result of combat operations, filing claimant is an improper claimant, claim lacked evidence to support US negligence or fault, claim lacked evidence to prove a loss, loss was a result of Anti-Coalition Forces, claimant filed for reconsideration of previous claim and provided no new evidence, and statute of limitations expired. |
| Army Bates 30089-30095 | Unspecified | 12/16/06 | Alanbar, Ramadi, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant alleged that his wife and brother were killed by US Forces, who US Forces bombed a street and then opened fire randomly. Claimant requested $5,000 in compensation. He also claimed property damage, but no amount was specified. No formal conclusion is attached, though there are handwritten notes that read "No proof Coalition Forces committed shooting. Plaintiff to bring proof" and on a later page, "Closed". |
| Army Bates 30096-30102 | Army | 08/16/07 | Kandahar Province, Afghanistan | Solatia payment in the amount of $2,014.30 to Afghan civilian family for the loss of their father. The deceased was shot and killed at an Entrance Control Point after soldiers mistook him for an enemy combatant. A soldier fired a warning shot which deflected off of the hood of the deceased's vehicle and struck him in the chest. NOTE: ON PG. 3, THE DECEASED'S NAME IS NOT REDACTED. |
| Army Bates 30103-30111 | Unspecified | 11/18/06 | Al-Cinema Street, Al-Anbar, Ramidi, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant alleged that mother and sister were killed by Multi-National Forces, who opened fire on al-Cinema Street. Claimant requested $6,000. No conclusion provided, however there are handwritten notations which read, "Need more proof. These claims are too easy to fake." But also, "SigAct matches story really well. Recommend payment $2,500." |
| Army Bates 30112-30133 | Army | 06/17/06 | Oruzgan Province, Afghanistan | Memo re: Army 15-6 investigation examining an incident involving a mortar engagement, which resulted in a death of a civilian child and injury to 5 other civilians. The investigation found that the proximate cause of the civilians' injuries was a mechanical failure of the mortar and high winds at the time of the incident. The death was a direct result of the medevac taking 4 hours to arrive to the scene of the incident. |
| Army Bates 30134-30140 | Unspecified | 05/18/06 | Al-Anbar, Ramadi, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant alleged that Coalition Forces fired at his house, killing his son and causing property damage. He requested $3,500 in compensation. Pictures of property damage attached. No formal conclusion is provided, but there is a handwritten note that reads, "Approved for death to pay $2,500, not for house. Paid." |
| Army Bates 30141-30146 | Unspecified | 05/18/06 | Sufiya, Ramadi, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant alleged that Multi-National Forces fired at him, his mother, and his sister, killing the mother and sister and damaging his car. As compensation, he requested $10,000 for the deaths and $4,000 for the damage to the vehicle. No formal conclusion is provided, but there is a handwritten note that reads, "Pd by Cap't total $5,000. $2,500 for sister, $25 for niece. CLOSED." |
| Army Bates 30147-30154 | Unspecified | 05/18/06 | Ramadi-Qitana, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant alleged that Multi-National Forces fired at his father and claimant's 2 sisters, killing the 2 sisters. As compensation, he requested $10,000 for the deaths. No formal conclusion is provided, but there is a handwritten note that reads," Claimant is brother but father was witness. Need claimant to get all info from father then will review." And on a later page, "Paid 2,500 x 2. CLOSED." |
| Army Bates 30155-30168 | NCIS | 05/30/05 | Mahmudiyah, Baghdad, Iraq | Condolence payment in the amount of $2,500 to Iraqi civilian. Claimant alleged that his son was exhumed by Navy Criminal Investigative Service (I think???) for investigation. No formal conclusion is provided, but there are handwritten note that read, "Condolence paid to [REDACTED] on 20 Jul 05" followed by "8 Aug DENIED." |
| Army Bates 30169-30187 | Army | 07/04/05 | Yousifiyah, Iraq | Condolence payment in the amount of $1,500 to Iraqi citizen. Claimant's husband's vehicle was stopped at a checkpoint. The vehicle did not respond to escalation of forces so the soldiers proceeded to fire. The deceased was shot in the head and killed. He was airlifted to the CSH, where he later died. |
| Army Bates 30188-30197 | NCIS | 05/30/05 | Mahmudiyah, Baghdad, Iraq | Condolence payment in the amount of $700 to Iraqi citizen. Claimant's son was exhumed by Navy Criminal Investigative Service for a double murder investigation involving the Marines. Claimant was given a claim card and directed to file a claim. Family of the other victim has already received a CERP/ condolence payment for the incident. |
| Army Bates 30198-30208 | Army | 04/17/07 | Camp Darulaman, Afghanistan | Solatia payment in the amount of $2,014.30 to Afghan father whose young son was seriously injured as he crossed the street and was struck by one of the cars in a US convoy. He later died as a result of his injuries. NOTE: VICTIM'S NAME IS NOT REDACTED ON PG. 6. |
| Army Bates 30209-30267 | Army | 10/20/07 | Yakah Chinah, Kunar Province, Afghanistan | Memo re: Army 15-6 investigation examining an incident between ISAF, ANSF, and enemy personnel, which resulted in the death and serious injuries of the local nationals. The investigation found that the engagement of the building was authorized by U.S. National Self-Defense Policy and that the compound was positively identified as an imminent threat. The investigation officer found that enemy forces were using the building to attack and maneuver against the US Forces. The recommendation to make condolence payment was returned to the unit for appropriate action. |
| Army Bates 30268-30281 | Army | 10/28/06 | Ramadi, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant alleged that Coalition Forces began shooting randomly in the street, killing his daughter. Claimant requested $2,500 as compensation. No formal conclusion provided. Handwritten notes say, "REC: $2,500" |
| Army Bates 30282-30399 | 10/21/07 | Kabul, Afghanistan | Condolence payment for Afghan man killed by Army truck. Ahmad Shaw was hit in head by side mirror of lead truck in Army envoy. Died from severe head trauma. Army witnesses say it was unavoidable and not the result of negligence: Shaw stepped backwards into congested road. Death was determined to be the result of an accident involving a U.S. Army vehicle driven by an authorized soldier. Solatia claim made by relative, Sayed Hussein. He was given 100,000 Afghanis. ($2,000 USD) | |
| Army Bates 30400-30412 | Army Claims Division | 12/12/06 | Jazira/Al-anbar, Iraq | Claim by Iraqi civilian under the Foreign Claims Act. Claimant alleged Assault Forces raided home to arrest husband; wife killed when they conducted ballistic breach to the door. She was struck in the head by a bullet. A male child was also injured but survived. Father in law pursued claim for her death, awarded $2,500. |
| Army Bates 30413-30487 | Army/Dept of Defense/Kunar Province Delegation report | 09/22/07 | Sarkoni District, Afghanistan | Investigation of US attack on Afghan National Police personnel. Rockets fired at Camp Joyce; Army return-fired rockets and 30 mm guns. U.S. officers' accounts differ: some report they saw no one; others report they saw 30 people in civilian clothing and with weapons, and fired after confirming that no friendly forces in the area. One officer thought the personnel were Afghan security forces, based on their actions and dress (p. 30466 of pdf). 10-12 Afghans wounded, 3-4 Afghans killed. Some Officers imply that some had thrown on Afghan National Police uniform clothing after being hit. Surgeon's statement declares that wounds are consistent with low-energy projectiles or a blast. Afghan police state that their officers were in uniform. Investigating officer found that some deaths were likely caused by Coalition Forces; if Afghan National Police had uniforms, they were not apparent to Coalition Forces; recommended training in identifying friendly forces and threats, better coordination with Afghan forces, and Solatias as appropriate. |
| Army Bates 30488-30541 | Army | 10/23/06 | Metinge, Pech River Road, Afghanistan | Solatia payments for death of Afghan girl and serious injury to 2 other Afghan girls. Amount redacted. Army fired mortars at historic enemy position; last mortar fell short and hit village. 1 Afghan girl, 6? (unreadable), died; 2 Afghan girls, 10 and 14, injured by shrapnel. 1 report says 1 more Afghan died and 2 more Afghans injured. Investigator found the girls were accidentally injured by platoon leader, mortar section sergeant, & Gunner; test fires should not be done on populated areas; known enemy positions should be plotted on a map; and ammunition inspected. |
| Army Bates 30542-30553 | unclear | 11/16/05 | Ramadi, Iraq | Condolence payment for daughter. Paid $2,500. Coalition Forces shot "hail of bullets in a random way" at Iraqi man and daughter, 21, after a road bomb had blasted. |
| Army Bates 30554-30559 | Dept of Defense | 06/06/06 | Iraq | CERP condolence payment for 3 killed in ambush on terrorists. Lots of redactions. 1 male Iraqi, 3 females Iraqis , 7 Iraqi children. |
| Army Bates 30560-30568 | U.S. (agency name redacted) | 02/26/07 | Al-Jamhori Quarter, Baghdad, Iraq | Claim by Iraqi civilian under the Foreign Claims Act. Father sought $10,000--$5,00 each for loss of son and burned taxi cab. $2,800 paid (writing difficult to read). Son, Wa'ad, was driving one morning and picked up a man asking for a ride. Coalition Forces shot at car with missile, and son burned inside it. Father's statement says investigators "did not find only the pretended persons," so it's unclear whether the passenger was found or died as well. |
| Army Bates 30569-30578 | Claim against "MNF" | 10/28/06 | Ramadi, Iraq | Claim by Iraqi civilian under the Foreign Claims Act. Iraqi man killed on way to Baghdad when Coalition Forces opened fire on vehicles near his. Claim made by brother, who states that "armored groups" had shot in the area first (unclear statement) and that deceased had kids. $2,500 paid. Says "no SIGACT" (significant act). |
| Army Bates 30579-30586 | Army | 11/26/07 | Ramadi (Soufia), Iraq | Claim by Iraqi civilian under the Foreign Claims Act. Army's report differs from claimant's. According to Army, Mother sought damages for death of one son and injury of other son as a result of Coalition Forces bombing in her neighborhood. Paid $500 for injury, $2,500 for death. Claim form states that US Forces' bombing damaged claimant's house, caused claimant injury, and killed her brother (assuming claimant is a woman). Sought $2,500 USD for brother's death, $1,500 for her injury. 2 Payment vouchers: 1 for death of claimant's son, 1 for injury to claimant. |
| Army Bates 30587-30630 | Army | 08/27/07 | Koshtowz, Afghanistan | Claim by Afghan civilian under the Foreign Claims Act. Bebe Aisha, female youth local national killed, and her father wounded, as a result of indirect fire mission. Father was told his cows were killed by indirect fire, so he went to area with his daughter to salvage the meat. Investigator found that mortar fires were lawfully used and that the enemy lured local nationals into harm's way. US Forces had sustained an attack the day before at same site, so they opened fire on armed apparent antagonists. Recommended educating commanders of enemy's tactic of luring villagers to attack sites by spreading reports of dead livestock. Also recommended a Shura with Kamdesh Village Elders to form a plan to ensure that civilians stay out of enemy activity areas. Solatia payment approved by Investigating Officer. Major General approved findings but stated that these recommendations "are returned to the unit for appropriate action." |
| Army Bates 30631-30638 | unclear | 04/27/06 | Ramadi (Soufia), Iraq | Claim by Iraqi civilian under the Foreign Claims Act. Male Iraqi claimant states that his mother was fatally injured when Multi-National Forces shot at area near checkpoint which claimant and mother were waiting to pass through. Sought $5,000 USD for death of his mother; $300 payment was approved. |
| Army Bates 30639-30649 | Army | 06/27/06 | Ramadi, Katana, Iraq | Claim by Iraqi civilian under the Foreign Claims Act. His brother was killed. US Forces shot with sniper, who killed claimant's brother. Sought $7,000 USD. Foreign Claims Act form includes note: "Unit engaged due to hostile intent. However it was later determined to be wrongful. Do we still pay?" Coalition Forces determined that 3 Military-Aged Male's who had a bag were carrying explosives. They fired on the male with the bag, and he was apparently wounded; the bag contained only tools. Unclear if this was the "sniper" mentioned in other documents. Notes indicate that $2,500 recommended payment was paid. |
| Army Bates 30650-30696 | Army/Dept of Defense | 04/29/05 | Afghanistan | Solatia payments for civilian deaths in Afghanistan. Coalition dropped MK-82's (bombs) on area after making joint air strike request, and determined that civilians may be present in target area. 2 Afghan men, 1 Afghan woman, and 1 Afghan infant killed; young girl with severe head injury and young boy also injured. Found that although aircraft was changed to comply with Rules of Engagement, it did not minimize civilian damage or ensure accuracy. Extensive documentation of Operation Nam Dong, which led to incident in which the people were killed. No records of claim forms or whom payment was made to. |
| Army Bates 30697-30706 | Army | 01/23/07 | Ramadi, Iraq | CERP Condolence payments in Iraq: $2,500 each for sister and daughter killed; 2nd note states $2,500 each for wife and daughter. Claimant states that her sister and daughter were killed when Coalition Forces shot randomly in street around a post office that they were exiting. |
| Army Bates 30707-30759 | Army | 05/29/06 | Kabul, Afghanistan (Sarai-e-Shamali) | Solatia payment of $1,000 for death of Afghan woman's son by US Forces who shot him while trying to disperse a crowd formed in wake of traffic accident. Approx. 60 people died. Son was farmer, married with 3 kids. Sought $5,000 on International Security Assistance Force form. Report states that payment led woman to support Coalition Forces. Appears that mom tried to get compensation through International Security Assistance Force but got the "runaround." |
| Army Bates 30760-30766 | Army | 05/02/06 | Ramadi, Iraq | Claim by Iraqi civilian under the Foreign Claims Act Requests $2,500 payment (appears to be FCA) for claimant's mother, killed by Multi-National Forces. No explanation as to why the forces were firing. |
| Army Bates 30767-30782 | Army | 07/02/05 | Yethrib, Salah Eddine, Iraq | Claim by Iraqi civilian under the Foreign Claims Act Requests $25,000 for husband killed by US Forces gunfire. DENIED because arose directly or indirectly from combat activities of US Armed Forces. Claim Form states that decedent was claimant's cousin; was killed at oil station. Most documents redacted for foreign language. |
| Army Bates 30783-30808 | Army | 03/17/07 | Al Dujail, Salah Edine, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. An Iraqi woman submits a claim for compensation for the death of her husband. She alleges that her husband was shot and killed by Coalition Forces while riding his bicycle on his way to work on a farm at 10:00 am. The wife sought $8,000 in compensation and the Army denied her claim, stating that the Foreign Claims Act does not provide compensation for claims "arising directly or indirectly from combat activities of the U.S. Armed Forces." (AR 27-20, 10-3) |
| Army Bates 30809-30828 | Army | 06/22/07 | Al Dujail, Salah Edine, Iraq | Claim by Iraqi civilian under the Foreign Claims Act. Father claims compensation for the death of his son. According to two witnesses, the decedent's brother and cousin, many family members had gathered in a field after hearing that another relative had been kidnapped. While they were congregated there, Coalition Forces flew overhead and shot down, injuring the witnesses and killing the decedent with several shots to his head. The amount claimed is not mentioned. The Army denied the father's claim, stating that Foreign Claims Act does not provide compensation for claims "arising directly or indirectly from combat activities of the U.S. Armed Forces." (AR 27-20, 10-3) |
| Army Bates 30829-30858 | Army | 06/25/07 | Al Dujail, Salah Edine, Iraq | Claim by Iraqi civilian under the Foreign Claims Act. Claimant alleges that US Coalition Forces destroyed his car by shooting it with more than 20 bullets. Claimant states that he founds the windows of his car destroyed, with holes in the seat and the left door was "destroyed." Claimant is asking for $120,000 in compensation. The Army denied the claim, stating that Foreign Claims Act does not provide compensation for claims "arising directly or indirectly from combat activities of the US Armed Forces." (AR 27-20, 10-3) |
| Army Bates 30859-30873 | Army | 06/25/07 | Al Dujail, Salah Edine, Iraq | Claim by Iraqi civilian under the Foreign Claims Act for two deaths allegedly caused by US Forces. The father of one decedent and the brother of the other are filing claims for $140,000 in compensation. They allege that US Forces opened fire on the car that both decedents were in, resulting in their death. The Army denied the claim, stating that FCA does not provide compensation for claims "arising directly or indirectly from combat activities of the U.S. Armed Forces." (AR 27-20, 10-3) |
| Army Bates 30874-30882 | DOD | 07/21/06 | Balah, Iraq | Investigation and subsequent approval of condolence payments in Iraq to collateral victims that resulted from an engagement in an attempt to secure and "objective" compound of buildings. The exceptions to the condolence payments are that 1) two buildings that were not the objective but that were "used in the attacks"; 2) the next of kin of two of the men killed in action that participated in the attacks. The next of kin of a woman injured in the attacks but later died of her wounds will be compensated $2,500 in addition to the other requested condolence payments not listed in this document. The objective under investigation here was OBJ Schiffer III and involved securing a building in close proximity to other non involved buildings. The ground crew sustained significant fire in an attempt to secure the objective and returned fire after several attempts to call out to those in the buildings their purpose there and trying to get them to exit. Over the course of the engagement, 6 people were killed and 22 were injured with 14 needing hospitalization. Once the crew gained entry to the buildings they discovered several AK-47s as well as ammunition magazines, but no IEDs. Finally, the man discovered within the objective building initially claimed he did not hear the crew announce themselves and later admitted he had heard them but did not believe that they were addressing him. The "Recommendation" section of the investigatory report was completely redacted, additionally significant portions of the statement of facts was redacted. |
| Army Bates 30883-30895 | ODCSOPS | 01/29/06 | statements taken in Bagdad, Iraq | Affidavits of a member of US Armed Forces ("SPC") and the translator he worked with about events that occurred on a road the evening of January 29, 2006. The affidavits report that the SPC was in a vehicle ("A-26") traveling down a road with a PFC when the PFC's vehicle ("A-28") was "chared" (charged?) by an Iraqi national's. Using a megaphone, the Sergeant in the PFC's vehicle, through a translator, ordered the Iraqi national's vehicle to stop, but it did not listen. The PFC then shouted for the Iraqi national to stop, when he did not the PFC (who was in the gunner position in his vehicle) fired a warning shot on the ground in front of the vehicle. Finally, after all of these previous attempts had not worked, the PFC attempted to shoot out the Iraqi national's tires. The SPC then also yelled stop and aimed his gun at the Iraqi's car and then proceeded to fire a number of rounds at the front tires of the Iraqi's car. He reports that they stopped firing when the car came to a stop and that he "knew they were in a bad position" but felt that they were in danger and used his training to the best of his ability to protect himself and his fellow crew members. The SPC reports that while this was going on his supervisors were further down the road investigating a possible Vehicle Burne Improvised Expolosive Device situation. There are several diagrams that accompany the affidavit, but they are mostly redacted. |
| Army Bates 30896-30939 | Army | 02/28/05 | Al Dora | Claim for compensation by Iraqi civilian under the Foreign Claims Act for a death allegedly caused by US Forces. A father is making the claim on behalf of his deceased son who was shot and killed while in his car. At 7:30pm the deceased was driving slowly through the area when US Forces allegedly opened fire on him, shooting up his car and causing his death when he was approximately 130 meters from them. The deceased had no weapons in his car. The claimant is requesting $4,000 in compensation. Most of this document has been redacted, including the areas of the photos in evidence that show the bullet holes in the truck. The claim was dismissed for lack of evidence. |
| Army Bates 30940-30956 | Army | 08/14/05 | Shikh Amin, Iraq | Claim for compensation by Iraqi civilian under the Foreign Claims Act for the death of a man who was shot by the US Forces while driving back and forth on a street. The claim was brought by the brother of the deceased for $15,000. Included in the supporting documents is the Iraqi Claims Pocket Card, showing that the reason it had been filled out was that a man had been shot. The claim was denied because "Damages directly or indirectly related to combat operations are not compensable." |
| Army Bates 30957-30957 | Document completely redacted. | |||
| Army Bates 30958-30971 | Army | 01/08/05 | Abo-Graib, Bagdad, Iraq | Claim for compensation under the Foreign Claims Act for the death of a man, the injuries sustained by his wife and others and the damage done to their car as a result of a collision with a tank. The claimant, the wife of the deceased, is requesting $13,000 in compensation for the death of her husband and the injury to herself and the other passengers in the car as well as the damage done to the car. Reports show that the name of the deceased listed on the police reports differs from the name of the claim. There is no disposition on the claim included here. |
| Army Bates 30972-30987 | Army | 05/07/07 | Bagdad, Iraq | Claim for compensation by Iraqi civilian under the Foreign Claims Act for the death of a man and the damage to his car. The claimant is the wife of the deceased and brought this claim for $9,000. The $9,000 was awarded based on a finding that a Humvee was driving on the wrong side of the road and was the cause of the accident that damaged the car and killed the claimant's husband. |
| Army Bates 30988-31021 | 07/30/07 | Nedeem Village, Iraq | Claim for compensation by Iraqi civilian under the Foreign Claims Act for the death of four people and the injuries sustained by four others as a result of an air strike causing two buildings to collapse. The claimant is requesting $54,000 in compensation for the damage to the house and car resulting from the air strike. On the claims form, under "Denial Reasons" there is a check next to "CERP" Condolence Payment - Combat Exception. | |
| Army Bates 31022-31041 | Army | 09/12/07 | Iraq | Settlement paperwork for a claim under the Foreign Claims Act by Iraqi civilian for a death in a car accident for the sum of $7,500. The paperwork includes: Army Public Voucher for Purchases and Services Other Than Personal; Letter from the Foreign Claims Commissioner distributing the funds; Serial Number Accountability form; Claim Settlement/Witness Agreement form; Iraqi Claim Card. |
| Army Bates 31042-31061 | Duplicate documents in the 31022-31041 range. | |||
| Army Bates 31062-31072 | Army | 07/09/05 | Al Rashid, Iraq | Condolence payment for loss of life in Iraq. The Army paid $2,000 for the death of a woman and the injury of her two nephews sustained when US Forces encountered their car on a road in Al Rashid and "engaged" it, shooting her through the chest and killing her. The claim was for $15,000, $2,000 of which was paid in order to show sympathy for the loss of life and to create positive feelings toward the US Forces from the local leaders Condolence Payment. |
| Army Bates 31073-31074 | indiscernible | Request for payment of condolence payments to a "local Governor" and a family for $1,000 and $3,000 respectively for damages to their property and fear and suffering incurred. This seems to be section 3 of a memo without any identifying information from the document which it came from. | ||
| Army Bates 31075-31076 | Army | 01/27/06 | Iraq | Memo discussing the solatia payment in the amount of $2,500 to the husband of a Iraqi woman who was shot and killed while driving her car. The woman approached a bridge where Iraqi Army had stopped traffic to let a three car convoy pass, three Army Humvees were part of the blockade, the women did not respond to the shouting and hand signals and continued driving at which point one Humvee drove up to try and stop her, the gunner aimed a shot at her tire to blow it out but the woman sped up the gunner shot her. |
| Army Bates 31077-31100 | Army | 06/02/06 | Utaifiya, Bagdad, Iraq | Claim for compensation by Iraqi civilian under the Foreign Claims Act. Claim by a mother for $52,000 in compensation for the death of her two sons and the damage done to their car. Multi-national forces (MNF) shot the two men as they were on their way to work, the MNF were driving on the wrong side of the road and shooting. The Memo to the Record states that the claim was denied because the woman's claim was not based on non-combatant negligence of US Forces, but there is a handwritten note stating that the woman had already been compensated under CERP Condolence. |
| Army Bates 31101-31126 | 01/03/06 | Hay Aljazear, Bagdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claim by a mother for $6,700 in compensation for the death of her son and the damage done to his car. The claimant's son was killed in a car accident with a Multi-National Forces vehicle. The General Information Center at Al-Radhawayna, Bagdad recommended that she receive full compensation. Not sure, if any, compensation granted. | |
| Army Bates 31127-31129 | Army | 01/30/05 | Yousifiyah, Bagdad, Iraq | Condolence payment for loss of life in Iraq. The claimant's brother was killed by crossfire involving the Marines (US Forces) while in his car. The claimant was awarded $2,500. |
| Army Bates 31130-31134 | Army | 03/15/05 | FOB St. Joseph, Iraq | [Pages 31132 - 31134 are attached to the incorrect file, they pertain to the incident addressed in the document range 31127 - 31129.] Condolence payment for loss of three lives in Iraq. A car carrying all three decedents approached the North gate of FOB St. Joseph at a high speed, the US Forces guard fired two warning shots in front of the car, then one shot into the hood of the car when it did not slow down. The guards continued to perceive the vehicle as hostile and shot it with "killing bursts," killing all three people in the car. The total amount of compensation was $7,500, although the file does not mention who the claimant is. |
| Army Bates 31135-31144 | Army | 02/07/05 | Mahmudiyah, ASR Jackson, Iraq | Condolence payment for loss of life in Iraq. The claimant's son was killed while driving with his father on ASR Jackson when an Improvised Explosive Device exploded. In response, US Forces began firing, one of these shots killed the claimant's son. The claimant was awarded $2,500 in compensation. |
| Army Bates 31145-31148 | Army | 01/01/05 | Iraq | Condolence payment for loss of life, in Iraq. The claimant's uncle was shot by US Forces on patrol after they attempted to stop the vehicle using hand signals and shouting. When these attempts did not get the decedent's attention, the patrol shot several shots through the windshield of the decedent's car killing him. The claimant was awarded $2,500 in compensation. |
| Army Bates 31149-31171 | Army | 05/22/05 | Baghdad, Iraq | Condolence payment for loss of life and property damage in Iraq. The decedent was shot while in his car by US Forces on patrol who mistook him for a Vehicle borne Improvised Explosive Device. The descendent was driving a car and did not respond to hand signals, warning shots or shots to disable the vehicle. Compensation was paid out in the following increments: $2,500 for loss of life and $2,500 for property damage. |
| Army Bates 31172-31174 | Army | 01/08/05 | Yousifiyah, Bagdad, Iraq | Condolence payment for loss of life in Iraq. The claimant's father was shot and killed by US Forces when they were responding to gun fire from Anti-Iraqi Forces, the decedent was hit by a stray shot. The claimant was awarded $2,500 in compensation. |
| Army Bates 31175-31190 | Army | 03/15/05 | FOB St. Joseph, Iraq | Condolence payment for 3 instances of loss of life, 4 instances of serious injury and property damage in Iraq. A car containing 9 passengers approached the gate at FOB St. Joseph at a high speed, the US Forces guarding that check point perceived the car to be hostile and used "killing force" to stop it. Three of the passengers were killed and four were seriously injured. Two of the victims who sustained serious injury were compensated with $2,500 and two were compensated with $1,000, $2,500 was paid in compensation for each loss of life and $900 was paid in compensation for the property damage. |
| Army Bates 31191-31214 | Army | 04/02/05 | Kasdra, Iraq | Condolence payment for loss of life in Iraq. The claimant's wife was killed when Coalition Forces opened fire on the car in which the claimant, the decedent and their children were traveling in. The US Forces state that the gun fire was in response to Rocket-Propelled Grenade fire that had pierced the "gunner's shield" and that the claimant, the decedent and their children got caught in the cross fire. The claimant received $2,500 as compensation for the death of his wife and $1,000 as compensation for the property damage to his car. |
| Army Bates 31215-31261 | Army | 05/21/05 | Iraq | Condolence payment for loss of life and property damage in Iraq. The claimant's son was killed when he was caught in the cross fire between US Forces and "insurgents." The decedent was driving his car when he was shot. The US Forces were escorting and EOD when they sustained gun fire resulting in the wounding of one of their soldiers, they returned fire and in the course of the fighting the decedent's car was shot up and he was killed. The investigator's report states that even though the car received gunfire from both sides, the shots that killed him came from the direction of the US Forces. The claimant received $2,500 for loss of life of his son and $1,000 for the damage done to the car. |
| Army Bates 31262-31276 | Army | 01/02/05 | Al Adel, Baghdad, Iraq | Condolence payment for loss of life for an Iraqi national. The claimant's sister was shot and killed while driving to school, College of Science for Girls. US Forces were nearby when an Improvised Explosive Device exploded, they responded with gunfire and the decedent's car got caught in the crossfire, she was shot in the process and later died from her wounds. |
| Army Bates 31277-31299 | 07/21/07 | Salinayeh, Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. The claimant is an Iraqi national requesting $15,000 in compensation for the death of her husband and the destruction of their car. The claimant describes her husband's death as being caused when an "American convoy" ran over her husband while he was in the car. The claimant was awarded $10,000 in compensation. | |
| Army Bates 31300-31312 | Army | 01/02/05 | Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Iraqi civilian claims that US Forces opened fire after an Improvised Explosive Devise exploded and that during their firing her son was killed. Much of the claim is redacted but it appears that the Iraqi civilian asked for compensation of $20,000 and that her claim was denied under the "combat exemption" but that she was granted a condolence payment under the CERP program of $2,000. |
| Army Bates 31313-31335 | Army | 06/30/07 | Iraq | Appears to be a 15-6 Army investigation composed of several sworn statements of US army personnal. According to the soldiers, they recreived a radio call that help was needed in a particular area and when they arrived one of the soldiers fired on the Suspected-Anti-Iraqi-Forces, composed of one Iraqi man. After he had been shot the victim was searched and there were no weapons on him. A search of the house that he was in front of revealed serveral female family members who were crying at his death, one gun and a footlocker which was opened and had ammunition in it. The soldiers informed that a month after the incident they came back to the home and were informed that the man had been buried, leading the soldiers to believe that the family had somehow managed to lcoate the body of their family member. No mention of compensation for the family or any affirmative determiantion that the man was in fact part of Anti-Iraqi-Forces. |
| Army Bates 31336-31345 | Army | 02/21/06 | Ad Dujail, Balad, Salah Al Din, Iraq | Claim by two Iraqi civilians for compensation under the Foreign Claims Act. Complainants are two Iraqi sisters who claim that they were driving in a car with their brother when US Forces opened fire on the vehicle, killing their brother and severely injuring them. The claimants sought $2,000 for each of their injuries ($4,000 total for injuries) and $5,000 for the death of their brother. The Army's Memorandum of Opinion denies the claim on the basis that it was incident to combat activity. There is no mention of a potential condolence payment. A note in the file by an Iraqi doctor documents that the sisters came in for treatment, that the brother died and also notes that "there are eye witness statements confirming what has transpired." |
| Army Bates 31346-31378 | Army | 03/25/05 | Al-Shullah, Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Iraqi civilian claims that US Forces killed her daughter when the US Forces were firing warning shots. Claimant sought $2,500 in compensation. The claim was denied under the combat exemption to the Foreign Claims Act. It was later paid as a condolence payment and was accompanied by the following note: "This action was due to combat actions of US Forces and is payable under CERP. This payment will positively influence both the community and local Iraqi leaders." There was no entry about the incident in the Significant Act database and there was also notes about how the Army was unsure whether the claim had been paid previously and that there was "[n]o way to determine if already paid." |
| Army Bates 31379-31390 | Army | 08/18/05 | Al Doura Highway, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Description of the incident in the Army's Memorandum is as follows: "Cliamant's father was killed while driving a large cargo truck in Al Doura. He encountered a U.S. cordon and attempted to drive along the shoulder of the road but was engaged by U.S. forces and killed. U.S. forces searched the vehcile and found that it did not contain contraband. Deceased was from the Diwanyia region of Iraq and may not have been familiar with U.S. cordons." The incident was confirmed in the Significant Act database. The claim was denied because it was incident to combat activity, however, it was then compensated for $2,000 as a condolence payment with the following notation: "By making this condolence payment, MND-B demonstrates to the family and commmunity its sympathy for this unfortunate loss. This demonstration will have a positive effect on both the community and local Iraqi leaders." Also this files contains a copy of the Iraqi claims card instructions that are given to U.S. soldiers; the cards have the following text on them: "IRAQI CLAIMS POCKET CARD. The Army may pay claims to Iraqi civilians for property damage, injury, and death caused by US Forces: 1. Fill out the requried information below. Where appropriate document incident with photographs. 2. Give the second page of this form to the Iraqi civilian or other appropraite person in case of death. 3. Direct them to the Iraqi Assistance Center (IAC) located at the Baghdad Convention Center. Do not promise anything. 4. Upon return to your FOB, complete DA Form 2823 describe the incident and forward to the 4th Brigade Legal Office. Please note that this information is not an admission of liability by the soldiers involved, it will be used only to substantiate a potential claim against the US Army. UNIT: Co. D, Ist Bn, 184th INF (AASLT) DATE 24 Aug 2005 LOCATION Predators INCIDENT shotting of vehicle." |
| Army Bates 31391-31398 | Army | 09/16/05 | al-Mahmudiyyah, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant alleged that a US Forces helicopter landed in a field, US Forces disembarked from the helicopter and began shooting in the field - killing one civilian and taking a second civilian as a detainee. Claimant seeks $2,500 for the death of one of the men. The Army Memorandum explains that the claim was denied because the "[i]ncident was a combat operation resulting in detentions" but made no mention of death of the individual. |
| Army Bates 31399-31406 | Army | 09/16/05 | al-Mahmudiyyah, Iraq | Repeat of 31391-31398. |
| Army Bates 31407-31421 | Army | 01/26/07 | Abu Edam, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant alleges that US Forces randomly fired on a roadway and injured her brother, and that her brother later died. Claimant seeks $10,500. No note on whether the claim was denied or granted, or whether if denied, the claim was referred as a condolence. A Significant Act database entry for the day describes an incident where the US Forces came upon an Improvised Explosive Devise and engaged in enemy fire but reported no casualties. |
| Army Bates 31422-31432 | Army | 01/25/07 | Al Kashashi, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant alleges that US Forces fired artillery on his home and his home was destroyed and his father was killed. Claimant seeks 25,000,000 Iraqi Dinars for the damage to the home, and 5,000,000 for the death of his father. No note on whether the claim was denied or granted, or whether if denied, the claim was referred as a condolence. In the file, there is a picture of the house showing it in a state of complete rubble except for two partially standing walls. |
| Army Bates 31433-31442 | Army | 9/2007 & 7/5/07 & 6/2007 | Iraq | This document range involves three separate incidents. The first incident relates to a claim by an Iraqi civilian for compensation as a Condolence Payment. According to the Army's Memorandum around August 2007, an Iraqi civilian male did not comply with the Army's Escalation of Force meassures that were in place around D Co. 1-30 IN, which resulted in the guard towers firing on the Iraqi male and killing him. The wife sought a condolence payment and was granted $1,000 for the death of her husband. The second incident relates to a claim by an Iraqi civilian for compensation as a Condolence Payment. According to the Army's Memorandum on July 5, 2007, Coalition Forces dropped a J-DAM to reduce deep buried Improvised Explosive Devices. Shrapnel from the J-DAM killed an Iraqi civilian woman in the area. The Claimant sought a condolence payment but "did not want to sign an official receipt (SF 44) due to fear that putting his name on an official US Military document would jepoardize his safety." The claimant was given $2,300 as compensation for the woman's death. The third incident relates to a claim around June 2007. The Army's Memorandum describes the incident and policies relating to condolence payments as follows: "dated 14 July 2007, I have reviewed 1-30 IN BN's CERP condolence payments. I find the paymetns legally sufficient. 2. Discussion: a. IAW MND-C CERP SOP, dated 14 July 2007, section F, paragraph 5c, CERP condolance payments can be paid to express sympathy and to provide urgently needed humanitarian relief to individual Iraqis and the Iraqi people in general. Condolence payments are symbolic gestures, rather than to compensate someone for a loss. CERP condolence payments are not solatia payments and will not be referred to as such. In addition, condolence paymetns are only for coalition/US Forces caused incidents. b. In this case, the unit has complied with the above provisions. The unit's CERP condolence payments were made for deaths of two Iraqi nationals, damage to crops, and the killing of two dogs and a calf all caused by U.S. forces. Therefore, these CERP Condolence payments comply with the legal provisions of the rewards program. 3. Recommendation: I recommend that you approve the clearing of the CERP condolence money submitted by I-30 IN BN in the [a]mount of $6,191.00." |
| Army Bates 31443-31451 | Army | 06/29/05 | Iraq | Claim filed in condolence for death of son in Iraq. Much of this claim is redacted. All that can be gleaned is that a father of an Iraqi civilian filed a claim for condolence and was paid $1,000 in condolence. |
| Army Bates 31452-31457 | Army | 6/17/2005 & 8/21/2006 & 7/29/2007 | Abu Graib, Iraq | This document range involves three separate incidents which resulted in condolence payments. The first incident relates to an incident on June 17, 2005, at Abu Graib, Iraq. According to the Army's Memorandum "US Forces SAF caused the death of Mrs. [REDACTED] and the total lose of their vehcile." The Memorandum goes on to list the "justification" for the award of $2,000 for the death, and $1,000 for the damage to the vehicle as follows: "Upon investigation the unit determined that Mrs. [REDACTED] and her family did not participate in any negative activity against the US Forces. By making this condolence payment MDC-C demonstrates to the family and community its sympathy for their unfortunate loss. This demonstration will have positive effects on both the community and local leaders." The second incident relates to an incident on August 21, 2006, in Baghdad, Iraq. According to the Army's Memorandum "an A/1-502 Soldier shot and killed Mrs. [REDACTED] while clearning the house adjacent to theirs. It was later discovered that Mr. Mohammed was unarmed." The Memorandum goes on to list the "justification" for the award of $2,000 for the death as follows: "Upon investigation, the unit determined that Mrs. [REDACTED] and her family did not participate in any negative activity against the US Forces. By making this condolence payment, MND-C demonstrates to the family and community its sympathy for their unfortunate loss. This demonstration will have a positive effect on both the community and local leaders." The third incident relates to an incident on July 29, 2007, in Rushdiyah, Iraq. According to the Army's Memorandum "10 local natioanls were killed by Other Coaltion Forces Iraq (OCFI) during an operation in order to kill or capture member's of AQIZ (Al-Queda In Iraq)." The Memorandum goes on to list the "justification" of $2,500 for each of the ten families (thus $25,000 total) in condolence as follows: "Upon investigation the unit determined that the local nationals did not participate in any negative activity against the US Forces. By making the condolence payments MND-C demonstrates to the families and community its sympathy for their unfortunate loss. This demonstration will have a positive effect on both the community and local leaders." In relation to that same incident, 10 additional people - 9 local national males and one female - were also injured. The Memorandum describes the incident as follows: "10 local nationals were wounded by Other Coaltion Forces Iraq (OCFI) during an operation in order to kill or capture members of AQIZ." Each of these individuals were given a condolence payment of $1,000 each (totaling $10,000). |
| Army Bates 31458-31462 | Army | 2007 & 9/6/2007 | Iraq | This document range involves two separate incidents which resulted in condolence payments. The first relates to an incident on September 6, 2007, in Babylon, Iraq. According to the claimant's request for compensation, the claimant's brother was killed and damage was done to the claimant's land as a result of operations on a Forward Operating Base. A condolence payment in the amount of $1,000 was approved. The second relates to an incident in 2007, at Chaka IV, Iraq. According to the claimant's request for compensation, the two of the claimant's cows were killed by shrapnel from an artillery that was fired by US Forces and he was given a claims card from 21E12-502. A condolence payment in the amount of $1,000 was recommended and approved. |
| Army Bates 31463-31509 | Army | 02/03/05 | Iraq | Claim by Iraqi civilian for compensation under the Foreign Claim Act. Iraqi civilian claims that while he was driving with his wife and two daughters, that a US Forces' tank fired at their vehicle, killing his wife. In an area of the claim titled "NCOIC Notes" the following is written: "Looks like we fired 'warning shots' at vehicle and shot man's wife in head, killing her. No U.S. notes. Recommend approval." The claim was approved for $2,000. |
| Army Bates 31510-31521 | Army | 01/27/05 | Anbar, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claim Act. Iraqi civilian claims that while his son was driving a taxi on the highway to Ramadi that he was fired on by US Forces and killed. Complainant seeks $5,000 for the death of his son and $1,762 for the damage to the vehicle. An Army Memorandum dated February 18, 2005 recommends: "approve the claim because of [REDACTED] mother pain and suffering." However, the Army Memorandum of Record dated March 1, 2005, denies the claim and explains as follows: "We are very sorry and very sympathetic to your loss, however your claim must be denied because U.S. law prohibits awarding compensation for claims resulting from and/or related to combat operations in any way. We determine that your loss is due to combat operations." |
| Army Bates 31522-31523 | Army | 11/11/07 | Kikurk, Iraq | Claim filed for condolence of death of claimant's father. The incident is described as follows in the "CERP Condolence Worksheet": "a truck carrying [REDACTED] and his wife turned onto an access road to Patrol Base Millet. The tower guard, using proper escalation of force procedures, [REDACTED] stopping the vehicle which resulted in the death of [REDACTED] and injuries to his wife." A condolence payment in the amount of $2,500 was approved and the following was listed as the function of the condolence payment: "Condolence payments are designed to promote and maintain friendly relationships with local nationals. A condolence payment is intended to express sympathy for death, injury, or property damage caused by U.S. or Coalition Forces during combat activity. It is not an admission of guilt." |
| Army Bates 31524-31576 | Army | 01/01/05 | Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Iraqi civilian claims that "On January 1st 05 at 3:00 am an American Airplane bombarded my house by a rocket which led to kill my son [REDACTED] and injuring another seven members of my family, beside destroying the house and everything in the house." The complainant sought $2,500 for the death of his son and $3,500 for injuring seven members of his family and destroying his home. A letter written to the complainant explains that his claim is denied because: "Loss resulted from a Combat Operation." |
| Army Bates 31577-31603 | Army | 01/19/05 | Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Iraqi civilian claims that "On 19th January at 4:30 pm when my son was sitting with his friends on my house out door shooting start from U.S. Army convoy when they was passing caused shooting my son with several bullets in his chest in the meantime my husband is died and my son is the only one who feeding me and my family." The complainant sought $4,500 for the death of her son. A letter written to the complainant explains that her claim is denied because: "Loss resulted from a Combat Operation." A handwritten note on the letters state: "Deny - possibly make a condolence payment." There is nothing in the file indicating that an actual condolence payment was made. |
| Army Bates 31604-31627 | Army | 02/20/05 | Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Iraqi civilian claims that he was driving with his wife and daughter when they came upon a US Forces checkpoint. That at the checkpoint he was shot, his wife was shot and injured and that his daughter was killed. Complainant sought "blood money about my daughter" of $3,500 and "hitted my wife by wounded because she had been shot by bullet" of $2,500. A letter written to the complainant explains that his claim is denied because: "Loss resulted from a Combat Operation." |
| Army Bates 31628-31665 | Army | 03/17/05 | Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant states that her husband was driving when he was told to pull over by a passing US Convoy, as he did so firing began between US Forces and Anti-Iraqi Forces. The husband was killed in the cross-fire. An official report appears to state that the husband died of cardiac arrest/chest trauma. Complainant sought $6,000 for the death of her husband and $2,000 for the damage to the car her husband was driving. A letter written to the complainant explains that her claim is denied because: "Loss resulted from a Combat Operation." |
| Army Bates 31666-31686 | Army | 01/10/06 | Samarra, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant alleged that "he was riding in a car with his father when they came upon a checkpoint. He states that his father had bad vision, did not see the checkpoint, and [Coalition Forces] started shooting. Claimant alleges that his father then panicked and ran from the vehicle and was shot and killed subsequently. The car caught fire from the shooting and burned. The Claimant provided photographs of the vehicle and a death certificate to substantiate the claim. A SIGACTS investigation revealed no activity similar to Claimant's description of events." Complainant sought $2,000 for the damage to the vehicle. A letter written to the complainant explains that his claim is denied because the claim arose "directly or indirectly" from combat activites of US Forces. Later, however, the claim is submitted as a request for condolence and a $2,000 payment is made out of the Commander's Emergency Responce Program ("CERP"). |
| Army Bates 31687-31726 | Army | 01/06/05 | Yousifya, Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant alleges that her husband was driving and that he was shot in his car for no reason by US Forces. A handwritten note which appears to have been written by Army Personnel states the following: "This man is innocent. 84th ENG fired warning shots. It accidentally ricocheted and hit the truck." The complainant sought $4,000 for the "blood money for killing my husband." A letter written to the complainant explains that her claim is denied because: "Loss resulted from Combat Operations." |
| Army Bates 31727-31739 | Army | Iraq | This file contains a series of pictures of an Iraqi home. The pictures are of destroyed property - likely in support of a Foreign Claims Act request for damages. Pictures include broken TV, mirror, framed picture of Islamic verse, and telephone. | |
| Army Bates 31740-31759 | Army | 02/09/06 | Al Sineeyah, Bayji, Iraq | This file relates to a $2,500 condolence payment that was made to a a father for the death of his son in Iraq. According to the file, an Iraqi man was leaving a Mosque in a white pick-up truck and ended up in front of a US convoy. The convoy instructed the man to move to the side, also local natioanls in the area waved to the Iraqi man to move to the side. When the Iraqi man did not move to the side, under an application of US Escalation of Force guidelines a fire was shot from the convoy and the Iraqi man pulled over. The convoy did not report that any harm occurred to the man. The Iraqi man claims that he did not hear the warnings from the US convoy or see the local natioanls waving at him. He also claims that his son was shot and died as a result of the firing. According to an entry in a Report titled "Escalation of Force (EOF) Investigation Report" the Army paid a $2,500 condolence to the Iraqi man and the Army also played a message over a loudspeaker in Arabic "announcing the tragedy and how it could have been avoided." The EOF Report also includes a statement about how EOF procedures need to be applied contextually and that "the key is that the trooper must reasonably perceive a threat that justifies the use of deadly force." Thereafter, two separate 15-6 investigations were conducted because due to a lack of the incident being reported to Iraqi police there was suspicion that the child may not actually have been killed by US Forces. The first 15-6 determined that even if the incident was not caused by US Forces, that under the circumstances, the response of the Army in paying a condolence was appropriate. The second 15-6 includes a witness account that the incident did occur. The Iraqi man then filed a claim under the Foreign Claims Act for compensation of $5,000 for the death of his son. The claim was denid because: "The evidence shows that the damage caused was during combat." |
| Army Bates 31760-31776 | Army | 04/14/06 | Samarra, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. According to the Army's Memorandum: "The Claimant alleges that [Coalition Forces] used flash-bang grenades when the[y] raided her house and she had a miscarriage as a result. The Claimant provided witness statements and a medical report to substantiate the claim. A SIGACTS investigation revealed that there were raids conducted on seven homes in Samarra that night." Claimant sought damages of $5,000. Her claim was denied under the combat exemption to the FCA. Subsequently a $1,000 condolence payment was paid by 3rd Brigade Combat Team out of the Commander's Emergency Response Program (Claim Number 06-IR8-802). |
| Army Bates 31777-31820 | Army | 01/18/05 | Yosafia, Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant alleges that her father was driving when a US Convoy approached him and told him to move to the side of the road and to get out of his vehicle. When her father got out of the vehicle he was shot by a US Forces' soldier from a Bradley. Claimant sought $5,000 in damages. In a letter written to the claimant she was informed that her claim was denied with the following note: "Allow me to express my sympathy for your loss, however, in accordance with the cited references and after investigating your claim, I find that your claim is not compensable for the following reason: Loss Resulted from a Combat Operation." |
| Army Bates 31821-31838 | Army | Iraq | This document range involves 10 separate incidents and payments of $2,500 each in condolence payments. The first, second, third and fifth incidents are basically form receipts of condolence payments that have been made. The first was made for $15,000, and the second, third and fifth were each made for $2,500. The fourth condolence payment relates to an incident on September 7, 2005, in Iraq. The Army Memorandum describes the incident as follows: "The claimant alleges that Coalition Forces opended fire on his brother's vehicle as he was driving down the highway, killing him and damaging the vehicle." In the "justification" for why a $2,500 condolence payment was appropriate, the Memorandum states: "The unit has determined that [REDACTED] brother did not participate in anti-Coalition Forces activity. By making this condolence payment, MND-C demonstrates to [REDACTED] and the community its sympathy for his unfortunate loss of his brother. The demonstration will have a positive effect on both the community and the local leaders." The sixth condolence payment relates to an incident on April 29, 2003, in Iraq. The Army Memorandum describes the incident as follows: "The claimant alleges that Coalition Forces shot and killed his son while he was riding his bicycle." In the "justification" for why a $2,500 condolence payment was appropriate, the Memorandum states: "The unit has determined that [REDACTED] son did not participate in any anti-Coalition Forces activity. By making this condolence payment, MND-C demonstrates to [REDACTED] and the community its sympathy for his unfortunate loss of his brother. The demonstration will have a positive effect on both the community and the local leaders." The seventh condolence payment relates to an incident on March 31, 2003, in Iraq. The Army Memorandum describes the incident as follows: "The claimant alleges that a [Coalition Forces] airstrike killed his son Mohamad." In the "justification" for why a $2,500 condolence payment was appropriate, the Memorandum states: "The unit has determined that [REDACTED] did not participate in any anti-Coalition Forces activity. By making this condolence payment, MND-C demonstrates to [REDACTED] and the community its sympathy for his unfortunate loss of his son. The demonstration will have a positive effect on both the community and the local leaders." The eighth condolence payment relates to an incident on March 31, 2003, in Iraq. The Army Memorandum describes the incident as follows: "The claimant alleges that a [Coalition Forces] airstrike killed his son daughter [REDACTED]." In the "justification" for why a $2,500 condolence payment was appropriate, the Memorandum states: "The unit has determined that Noor did not participate in any anti-Coalition Forces activity. By making this condolence payment, MND-C demonstrates to [REDACTED] and the community its sympathy for his unfortunate loss of his daughter. The demonstration will have a positive effect on both the community and the local leaders." The ninth condolence payment relates to an incident on April 11, 2003, in Iraq. The Army Memorandum describes the incident as follows: "The claimant alleges that his daughter was killed by an explosion and he was shot in the eye by [Coalition Forces] in front of FOB Falcon and can no longer work as an IP as a result." In the "justification" for why a $2,500 condolence payment was appropriate, the Memorandum states: "The unit has determined that [REDACTED] did not participate in any anti-Coalition Forces activity. By making this condolence payment, MND-C demonstrates to [REDACTED] and the community its sympathy for the unfortunate loss of his daughter and his eye. The demonstration will have a positive effect on both the community and the local leaders." The tenth condolence payment relates to an incident on March 31, 2003, in Iraq. The Army Memorandum describes the incident as follows: "The claimant alleges that a [Coalition Forces] airstrike killed his son [REDACTED]." In the "justification" for why a $2,500 condolence payment was appropriate, the Memorandum states: "The unit has determined that [REDACTED] did not participate in any anti-Coalition Forces activity. By making this condolence payment, MND-C demonstrates to [REDACTED] and the community its sympathy for his unfortunate loss of his son. The demonstration will have a positive effect on both the community and the local leaders." | |
| Army Bates 31839-31843 | Army | 06/30/05 | Zambraniyah, Iraq | This file relates to a $24,000 condolence payment made out of the Commander's Emergency Response Program in Iraq. According to an Army Memorandum in the file the $24,000 in condolence was properly made because "[t]he unit's CERP condolence payments were made for the deaths of twelve Iraqi nationals allegedly caused by U.S. artillery-counter-fire engaging targets in Zambraniyah. Twelve members of [REDACTED] family were killed when this counter-fire struck their home. As the condolence payments are not an admission of fault on the part of the U.S. Government, they are intended to compensate the family for the loss of their family members. Therefore, these CERP Condolence payments comply with legal provisions of the CERP condolence program." Thus, the $24,000 condolence payment was approved and paid out. |
| Army Bates 31844-31888 | Army | 03/10/05 | Tajee, Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant alleges that as her husband was walking up to his car on a rainy day he was shot from behind by US Forces. The husband was taken to the hospital where he survived for 10 days - the file contains detailed charts of his hospital stay - but the husband then died. The complainant seeks $5,000 for the death of her husband and $2,000 for the damage to the car. In a letter written to the complainant she was informed that her claim was denied because the "[l]oss Resulted from a Combat Operation." |
| Army Bates 31889-31928 | Army | 01/26/05 | Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant alleges that as he and his family were driving in two different cars to their home that US Forces suddenly started shooting everywhere causing the death of his son, injury to his daughter and damage to his car. Claimant seeks $4,000 for the death of his son, $2,000 for injury to his daughter, and$1,000 for the damage to his car. In a letter written to the complainant he was informed that his claim was denied, however in the space where the reason for denial is to be filled, the space is empty. Handwritten on the bottom of the page is "Deny - combat." It's not clear if this note appeared on the version of the letter sent to the complainant. Thus the complainant may not have been informed the precise reason for the denial of his FCA claim. |
| Army Bates 31929-31960 | Army | 02/01/05 | Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant alleges that US Forces opened fired on him and his son - killing his son. Claimant seeks $5,000 in compensation. In a letter written to claimant he was informed that his claim was denied because the "[l]oss resulted from a combat operation." The complainant also wrote to the City Counsel about his claim, he wrote: "In 1/2/2005 . There were an American gunshot in Abu-Graib /9 pyalah my son ([REDACTED]) killed in the incident . Many Fragments attacked me and wound me in the back . In that time I stay in Abu - Graib hospital until I get well . I claim for compensation for killing my son , The physical and Tangible injury caused by that incident." |
| Army Bates 31961-31981 | Army | Iraq | This document range involves 15 separate incidents and payments of a series of condolence payments in Iraq. The first, third, fifth, seventh, eight, tenth, twevth, and fourthenth are basically form receipts of condolence payments that have been paid. The first and third relate to a condolence payment of $5,000, whereas the fifth, seventh, eighth, tenth, twelvth, and fourtenth relate to a condolence payment of $2,500 each. The second condolence payment relates to an incident on April 11, 2004, in Iraq. The Army Memorandum describes the incident as follows: "The claimant alleges that her daughter [REDACTED] was killed by a [Colition Forces] airstrike." In the "justification" for why a $2,500 condolence payment was appropriate, the Memorandum states: "The unit has determined that [REDACTED] daughter did not participate in anti-Coalition Forces activity. By making this condolence payment, MND-C demonstrates to [REDACTED] and the community its sympathy for her unfortunate loss of her daughter. The demonstration will have a positive effect on both the community and the local leaders." The fourth condolence payment relates to an incident on January 17, 2006, in Iraq. The Army Memorandum describes the incident as follows: "The claimant alleges that [Coalition Forces] opened fire in the area and shot her brother in his side, injuring him." In the "justification" for why a $2,500 condolence payment was appropriate, the Memorandum states: "The unit has determined that [REDACTED] brother did not participate in any anti-Coalition Forces activity. By making this condolence payment, MND-C demonstrates to [REDACTED] and the community its sympathy for the unfortunate injury to her brother. The demonstration will have a positive effect on both the community and the local leaders." The sixth condolence payment relates to an incident on November 10, 2005, in Iraq. The Army Memorandum describes the incident as follows: "The claimant alleges that his sister-in-law was caught in SAF between [Coalition Forces] and [Al Qaeda in Iraq (AQIZ)]." In the "justification" for why a $2,500 condolence payment was appropriate, the Memorandum states: "The unit has determined that neither [REDACTED] nor his sister-in-law participated in any anti-Coalition Forces activity. By making this condolence payment, MND-C demonstrates to [REDACTED] and the community its sympathy for her unfortunate loss. The demonstration will have a positive effect on both the community and the local leaders." The ninth condolence payment relates to an incident on August 24, 2006, in Iraq. The Army Memorandum describes the incident as follows: "Mrs. [REDACTED] daughter, [REDACTED] was killed when she was shot in her head while crossing the street near the Al Mutwakil school." In the "justification" for why a $2,500 condolence payment was appropriate, the Memorandum states: "The unit has determined that [REDACTED] did not participate in any anti-Coalition Forces activity. By making this condolence payment, MND-C demonstrates to Mrs. [REDACTED] and the community its sympathy for her unfortunate loss. This demonstration will have a positive effect on both the community and the local leaders." The eleventh condolence payment relates to an incident on April 2, 2003, in Iraq. The Army Memorandum describes the incident as follows: "The claimant alleges that his son was caught in SAF between [Coalition Forces] and [Al Qaeda in Iraq (AQIZ)]." In the "justification" for why a $2,500 condolence payment was appropriate, the Memorandum states: "The unit has determined that neither [REDACTED] nor his son participated in any anti-Coalition Forces activity. By making this condolence payment, MND-C demonstrates to [REDACTED] and the community its sympathy for his unfortunate accident. This demonstration will have a positive effect on both the community and the local leaders." The thirtenth condolence payment relates to an incident on May 1, 2005, in Iraq. The Army Memorandum describes the incident as follows: "The claimant alleges that [Coalition Forces] shot and killed his son and injured him in his left eye during an engagement with [Al Qaeda in Iraq (AQIZ)]." In the "justification" for why a $2,500 condolence payment was appropriate, the Memorandum states: "The unit has determined that [REDACTED] did not participate in any anti-Coalition Forces activity. By making this condolence payment, MND-C demonstrates to [REDACTED] and the community its sympathy for the unfortunate loss of his son and left eye. This demonstration will have a positive effect on both the community and the local leaders." The fiftenth condolence payment relates to an incident on Novemer 18, 2005, in Iraq. The Army Memorandum describes the incident as follows: "The claimant alleges that, while he was driving his car, [Coalition Forces] opened fire in the area and accidentally killed his daughter-in-law and injured another passenger." In the "justification" for why a $2,500 condolence payment was appropriate, the Memorandum states: "The unit has determined that [REDACTED] sister-in-law did not participate in any anti-Coalition Forces activity. By making this condolence payment, MND-C demonstrates to [REDACTED] and the community its sympathy for the unfortunate loss of his sister-in-law. This demonstration will have a positive effect on both the community and the local leaders." | |
| Army Bates 31982-31989 | Army | 02/12/05 | Abu Graib, Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant alleges that her husband was in a bus on his way to work when Multi-National-Forces began firing on the bus, killing her husband. Claimant seeks $2,500 for the death of her husband. In a letter written to claimant she is informed that her claim is denied because the "[l]oss resulted from a combat operation." |
| Army Bates 31990-32005 | Army | 04/17/05 | Fallujah, Anbar, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant alleges that her mother was killed by bombs dropped on Falluja and seeks compensation of $4,700. The file includes a statement in a document titled "Death Document" which was issued by a Judge in the Ministry of Justice of Iraq that "by investigation and proofs , we know that the died due to U.S. bombing in Falluja." In a letter written to the claimant she was informed that her claim was denied because the "[l]oss resulted from a combat operation." |
| Army Bates 32006-32014 | Army | 03/28/05 | Abu Graib, Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant alleges that her husband was killed when US Forces started firing on a highway and seeks compensation of $2,500. The file includes a note that the incident could not be confirmed in the Significant Act database. In a letter written to the claimant she was informed that her claim was denied because the "[l]oss resulted from a combat operation." |
| Army Bates 32015-32038 | Army | 07/01/07 | Iraq | Appears to be a 15-6 Army investigation composed of several sworn statements of US Army personnel. According to the soldiers, they were on top of a building watching the area to ensure that no hostile activity occurred, including the placement of Improvised Explosive Devices. An Iraqi man was seen leaving his home at a time past curfew and a sniper shot him with one single shot. After the sniper fired, the rest of the soldiers in the area began firing as well. After 5-10 seconds they stopped firing and sought to secure the area. The Iraqi man was lying on his back and two female family members were crying over him. The statements are inconsistent on the point of whether the man was armed. Several statements state that the man was not armed but that there was a loaded AK-47 in the nearby courtyard of the house. One statements states that the AK-47 was near or on the Iraqi man. Several soldiers went to the house and asked the family members to get away from the injured Iraqi man and to move into a single room of the house. The house was searched and in it the soldiers found a lock box with written materals and a gun. This was confiscated. The Iraqi man was taken to the base where he received medical attention but died. It is not clear if the body of the Iraqi man was ever returned to his family. There is nothing in the file about whether the family filed a claim under the Foreign Claims Act or whether the family was granted a condolence payment for their loss. |
| Army Bates 32039-32054 | Army | 01/04/06 | Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant alleges that her husband was killed in an traffic accident with a US Convoy. Claimant seeks $15,800 in compensation. Claimant's FCA claim is granted and her claim is approved in the amount of $15,000. |
| Army Bates 32055-32070 | Army | 08/22/06 | Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant alleges that as he was driving he was hit by a US military vehicle, which resulted in the death of his mother who was in the car. Thus claimant was in a traffic accident with US Forces. Though he wrote that he was seeking $4,000 in compensation in other parts of the form asking the measure of his damages the claimant wrote: "you may estimate her life" and "it's up to you." Claimant's FCA claim is granted and his claim is approved in the amount of $8,000. |
| Army Bates 32071-32091 | Army | 07/15/06 | Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant alleges that as his brother was involved in a car (traffic) accident with US Forces that resulted in the death of his brother and the destruction of the vehilce. Claimant was given a claims card by US Forces, the file contains an English translation of what appears in Arabic on the card: "National Corps Iraq Claims Pocket Card. You may submit a claim for compensation for property damage, or injury or death, if it was caused by US forces. Go to the nearest US base and ask to fill out a claim form. Bring this card, government-issue identification and any neccesary deeds, photographs, and police reports. All documents should be original only; copies are not accepted." The claimant sought $20,000 in compensation, but was granted $15,000. The file contains a Significant Act database account of the incident. The claim number was A0352. |
| Army Bates 32092-32109 | Army | 07/15/06 | Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant alleges that his father was involved in a car (traffic) accident with US Forces that resulted in the death of his brother and the destruction of the vehicle. Claimant was given a claims card by US Forces, the file contains an English translation of what appears in Arabic on the card: "National Corps Iraq Claims Pocket Card. You may submit a claim for compensation for property damage, or injury or death, if it was caused by US forces. Go to the nearest US base adn ask to fill out a claim form. Bring this card, government-issue identification and any neccesary deeds, photographs, and police reports. All documents should be original only; copies are not accepted." The claimant sought $20,000 in compensation, but was granted $15,000. The file contains a Significant Act database account of the incident. The claim number was A0353. This relates to the same traffic accident as 32071-32091. |
| Army Bates 32110-32130 | Army | 11/26/05 | Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant alleges that his nephew was killed when US Forces stormed a farm by putting an explosive devise at the door of the farm. When it exploded, claimant alleges that his nephew was killed. Claimant seeks $20,000 in compensation. It appears that claimant initially sought redress through the Iraqi court but was informed by the Judge in the case, who made the following findings: "1 - the sayings of the claimant and witness have been verified. 2 - The claimant shall be provided with a copy of the investigation papers. 3 - The decision is to be registered. 4 - The investigation has been suspended because the Multi-National Forces have legal impunity. 5 - These papers are to be referred to the Attorney General." Initially claimant filed his claim in the wrong office and it was denied on that basis. Later it appears that claimant filed in the correct office but his claim was denied without a specific reason listed other than the statement of denial. At the bottom of the page stating that the claim had been denied, is an X mark in a field referring to Comander's Emergency Relief Program. Other than that mark there is no evidence that a condolence payment was made. |
| Army Bates 32131-32147 | Army | 08/26/05 | Logar, Afghanistan | Claim by Afghan civilian for compensation under the Foreign Claims Act. Claimant alleges that his brother and a friend of his brother were riding on a motorcycle alongside a US Convoy in Logar Province on August 26, 2005. One car in the convoy swerved to avoid hitting a car in its lane and swerved into the motorcycle resulting in major injury to the brother and death to the brother's friend. This series of events was confirmed by four Afghan witnesses and by the soldiers involved in the incident as well as the Army's Serious Incident Report. The claimant's brother was taken to a hospital, where he has been in a coma. The claimant's brother runs a shop which is the only source of support for his nine member family. The claimant submitted an "SF 95 indicating damages of $100,000 USD for the injuries sustained by his brother." An email chain in the file suggests that much of the $100,000 is composed of hospital bills. Thus the claimant sought compensation of $100,000. An Army investigation concluded that the "military vehicle driver engaged in negligent conduct by not proceeding in a safe manner, i.e., the driver's speed may have been excessive due to road conditions and did not ensure the right hand land was clear prior to moving back into that lane." The Army Memorandum, however, refused to award the full measure of damages, opting instead to settle the claim for $3,000, for the following reason: "[A]ccording to the valuation chart for death claims in Afghanistan $6,000.00 USD is fair and reasonable for the death of a local national; therefore, $3,000.00 is fair and reasonable for the injuries sustained to the claimant's brother." The file also notes that a solatia payment was made to the wife of the man who died and that the woman was planning on filing a claim under the Foreign Claim Act. The file does not include her Foreign Claims Act request, nor does it state how much of a solatia payment she received. |
| Army Bates 32148-32158 | Army | 05/29/06 | Kabul, Afghanistan | Claim by Afghan civilian for compensation under the Foreign Claims Act. Claimant alleges that his seventeen year old son, who was in the ninth grade, was on his way home from school when he was shot in the chest in the aftermath of an car accident in Kabul. According to the Army Memorandum's recitation of the facts: "A convoy was enroute from Bagram to Kabul on 29 May 2006. As they began to enter the town of Kabul, there is a very steep graded slope on which the HEMMT when the convoy began to lose control of its brakes. The HEMMT, out of control, entered the town and made contact with several vehicles until it finally came to a complete stop. Damage consisted of numerous vehicles, personal injuries, and a one casualty. As the local nationals began to congregate a riot ensued. Shots were fired from the local Afghan police and U.S. personnel fatally wounding several local nationals." The Memorandum concluded that the "[e]vidence supports the negligence of the U.S. Forces and therefore the claimant should be compensated accordingly." The complainant sought $5,000 for the death of his son but was instead compensated $3,991.22. The complainant was required to obtain proof of death through police, hostpital and village elder statements. |
| Army Bates 32159-32171 | Army | 05/29/06 | Kabul, Afghanistan | Claim by Afghan civilian for compensation under the Foreign Claims Act. Claimant alleges that "my son was selling [REDACTED] from a cart. I heard that there was a traffic accident. I went to help my son put away things. While I was helping him a US Humvee opened fire and a bullet struck my son in the nose and exited the back of his head. he died. He was [REDACTED] years old. My family is deeply saddened at his loss. He was the provider for the family. I am unable to work because of injuries I received from the Taliban." According to the Army Memorandum's recitation of the facts: "A convoy was enroute from Bagram to Kabul on 29 May 2006. As they began to enter the town of Kabul, there is a very steep graded slope on which the HEMMT when the convoy began to lose control of its brakes. The HEMMT, out of control, entered the town and made contact with several vehicles until it finally came to a complete stop. Damage consisted of numerous vehicles, personal injuries, and a one casualty. As the local nationals began to congregate a riot ensued. Shots were fired from the local Afghan police and U.S. personnel fatally wounding several local nationals." The Memorandum concluded that the "[e]vidence supports the negligence of the U.S. Forces and therefore the claimant should be compensated accordingly." The complainant sought $6,000 for the death of his son but was instead compensated $3,991.22. The complainant was required to obtain proof of death through police, hostpital and village elder statements. |
| Army Bates 32172-32188 | Army | 05/29/06 | Kabul, Afghanistan | Claim by Afghan civilian for compensation under the Foreign Claims Act. Claimant alleges that "my son was either on his way to get spare parts or on his way from getting spare parts for the [REDACTED] shop he works at when he was shot and killed by US forces. He recieved three bullents. he is married with one child." According to the Army Memorandum's recitation of the facts: "A convoy was enroute from Bagram to Kabul on 29 May 2006. As they began to enter the town of Kabul, there is a very steep graded slope on which the HEMMT when the convoy began to lose control of its brakes. The HEMMT, out of control, entered the town and made contact with several vehicles until it finally came to a complete stop. Damage consisted of numerous vehicles, personal injuries, and a one casualty. As the local nationals began to congregate a riot ensued. Shots were fired from the local Afghan police and U.S. personnel fatally wounding several local nationals." The Memorandum concluded that the "[e]vidence supports the negligence of the U.S. Forces and therefore the claimant should be compensated accordingly." The complainant sought 2,500,000 Afghani for the death of his son but was instead compensated 350,000 Afghani, amounting to $6,984.63. The complainant was required to obtain proof of death through police, hostpital and village elder statements. |
| Army Bates 32189-32201 | Army | 05/29/06 | Kabul, Afghanistan | Claim by Afghan civilian for compensation under the Foreign Claims Act. Claimant alleges that his cousin was killed by shotgun after a riot ensued following an accident with US Forces. According to the Army Memorandum's recitation of the facts: "A convoy was enroute from Bagram to Kabul on 29 May 2006. As they began to enter the town of Kabul, there is a very steep graded slope on which the HEMMT when the convoy began to lose control of its brakes. The HEMMT, out of control, entered the town and made contact with several vehicles until it finally came to a complete stop. Damage consisted of numerous vehicles, personal injuries, and a one casualty. As the local nationals began to congregate a riot ensued. Shots were fired from the local Afghan police and U.S. personnel fatally wounding several local nationals." The Memorandum concluded that the "[e]vidence supports the negligence of the U.S. Forces and therefore the claimant should be compensated accordingly." The complainant sought 2,000,000 Afghani for the death of his cousin but was instead compensated 200,000 Afghani, equating to $3,991.22. The complainant was required to obtain proof of death through police, hostpital and village elder statements. |
| Army Bates 32202-32213 | Army | 05/29/06 | Kabul, Afghanistan | Claim by Afghan civilian for compensation under the Foreign Claims Act. Claimant alleges that: "My brother had dropped some people off and parked his car (taxi) in a parking lot. He came back to the bus stop to go back home and he was shot. Their was not any with my brother, I found his body at the hospital." According to the Army Memorandum's recitation of the facts: "A convoy was enroute from Bagram to Kabul on 29 May 2006. As they began to enter the town of Kabul, there is a very steep graded slope on which the HEMMT when the convoy began to lose control of its brakes. The HEMMT, out of control, entered the town and made contact with several vehicles until it finally came to a complete stop. Damage consisted of numerous vehicles, personal injuries, and a one casualty. As the local nationals began to congregate a riot ensued. Shots were fired from the local Afghan police and U.S. personnel fatally wounding several local nationals." The Memorandum concluded that the "[e]vidence supports the negligence of the U.S. Forces and therefore the claimant should be compensated accordingly." The complainant sought 2,500,000 Afghani for the death of his cousin but was instead compensated 200,000 Afghani, equating to $3,991.22. The complainant was required to obtain proof of death through police, hostpital and village elder statements. |
| Army Bates 32214-32256 | Army | 05/29/06 | Kabul, Afghanistan | Claim by Afghan civilian for compensation under the Foreign Claims Act. Claimant alleges that he, his brother, and father were in his car when it was hit by a US Convoy. When they got out of the car, US Forces began firing and killed his father. According to the Army Memorandum's recitation of the facts: "A convoy was enroute from Bagram to Kabul on 29 May 2006. As they began to enter the town of Kabul, there is a very steep graded slope on which the HEMMT when the convoy began to lose control of its brakes. The HEMMT, out of control, entered the town and made contact with several vehicles until it finally came to a complete stop. Damage consisted of numerous vehicles, personal injuries, and a one casualty. As the local nationals began to congregate a riot ensued. Shots were fired from the local Afghan police and U.S. personnel fatally wounding several local nationals." The Memorandum concluded that the "[e]vidence supports the negligence of the U.S. Forces and therefore the claimant should be compensated accordingly." The complainant sought 2,500,000 Afghani for the death of his father and damage to his car, compensated 350,000 Afghani, equating to $6,984.63, and $2,071.63 for damage to the car, and an additional condolence payment, bringing the total to $11,571.63. The complainant was required to obtain proof of death through police, hostpital and village elder statements. Thereafter the claimant filed a request for reconsideration, seeking a total of 1,700,000 Afghani. In a letter rejecting his request the Army wrote: "The basis for your reconsideration was the amount awarded on 25 July 2006 would not cover the expenses of a funeral, 40-day celebration, year anniversary, and the support of your family, totaling approximately 1,700,000. The amount of the claim awarded on 25 July 2006 was based on meticulous research by the CITF-76 Claims Office. An extaordinary amount of time and effort was put into the valuation of of your claim. Additionally, the Afghan parties involved in the consultation voiced overwhelming support for the valuation methodology used by this office. After thorough calculation, this commission has determined that the amount awarded to you on 22 July 2006 was both a fair and reasonble amount for your loss." A note on the Memorandum suggesting denial is as follows: "Note from Cultural Advisor: $11,571.63 for death and property is more than sufficient." The file also contains a reference to two other condolence payments that were made. |
| Army Bates 32257-32278 | Army | 05/29/06 | Kabul, Afghanistan | This is a request for reconsideration of the payment made in relation to document range 32148-32158 wherein Afghan civilian filed claim under the Foreign Claims Act for the shooting death of his seventeen year old son who was in the ninth grade. The claimant was awarded $3,991.22. The claimant sought reconsideration explaining that: "it is two months ago from this event. and you assisted us a few and it was not enough for spending his dead and we have a lot of problems from this side. he was my oldest son he provide his family spending but unfortunately I am retired from the job. also I am so very sick and I hope you helps more because we have a lot of problems. hereafter the claimant filed a request for reconsideration, seeking a total of 700,000 Afghani." In a letter rejecting his request the Army wrote: "The basis for your reconsideration was the amount awarded on 25 July 2006 would not cover the expenses of a funeral, 40-day celebration, year anniversary, and the support of your family, totaling approximately 700,000 Afghani. The amount of the claim awarded on 25 July 2006 was based on meticulous research by the CITF-76 Claims Office. An extraordinary amount of time and effort was put into the valuation of your claim. Additionally, the Afghan parties involved in the consultation voiced overwhelming support for the valuation methodology used by this office. After thorough calculation, this commission has determined that the amount awarded to you on 22 July 2006 was both a fair and reasonable amount for your loss." The letter also notes that in addition to the $3,991.22, that claimant was also granted an condolence payment in the amount of 125,000 Afghani. A note on the Memorandum suggesting a small measure of additional relief is as follows: "Note from Cultural Advisor: Add'l $1,500 for this claimant due to age and as future bread winner of the family. Thanks." |
| Army Bates 32279-32304 | Army | 05/29/06 | Kabul, Afghanistan | This is a request for reconsideration of the payment made in relation to document range 32172-32188 wherein Afghan civilian filed claim under the Foreign Claims Act for the shooting death of his son. The claimant was awarded $6,984.63. The file also notes that claimant recieved 125,000 Afghani of a condolence payment. In a letter rejecting his request the Army wrote: "The basis for your reconsideration was the amount awarded on 25 July 2006 would not cover the expenses of a funeral, 40-day celebration, year anniversary, and the support of your family, totaling approximately 950,000 Afghani. The amount of the claim awarded on 25 July 2006 was based on meticulous research by the CITF-76 Claims Office. An extraordinary amount of time and effort was put into the valuation of your claim. Additionally, the Afghan parties involved in the consultation voiced overwhelming support for the valuation methodology used by this office. After thorough calculation, this commission has determined that the amount awarded to you on 22 July 2006 was both a fair and reasonable amount for your loss." A note on the Memorandum suggesting a small measure of additional relief is suggested as follows: "Note from the Cultural Advisor: They have been reimbursed sufficient amount." |
| Army Bates 32305-32328 | Army | 05/29/06 | Kabul, Afghanistan | This is a request for reconsideration of the payment made in relation to document range 32159-32171 wherein Afghan civilian filed claim under the Foreign Claims Act for the shooting death of son. The claimant was awarded $3,991.22. In a letter rejecting his request the Army wrote: "The basis for your reconsideration was the amount awarded on 25 July 2006 would not cover the expenses of a funeral, 40-day celebration, year anniversary, and the support of your family, totaling approximately 1,400,000 Afghani. The amount of the claim awarded on 25 July 2006 was based on meticulous research by the CITF-76 Claims Office. An extraordinary amount of time and effort was put into the valuation of your claim. Additionally, the Afghan parties involved in the consultation voiced overwhelming support for the valuation methodology used by this office. After thorough calculation, this commission has determined that the amount awarded to you on 22 July 2006 was both a fair and reasonable amount for your loss." The letter also notes that in addition to the $3,991.22, that claimant was also granted an condolence payment in the amount of 125,000 Afghani. A note on the Memorandum suggesting a small measure of additional relief is as follows: "Note from Cultural Advisor: $6,500 total is sufficient." |
| Army Bates 32329-32352 | Army | 05/29/06 | Kabul, Afghanistan | Claim by Afghan civilian for compensation under the Foreign Claims Act for 2,500,000 Afghani for the death of his brother who was shot and killed in riots in Kabul which broke out after a US Forces vehicle lost brake control upon entering Kabul, damaging numerous vehicles, property and causing several casualties. The US Forces settled the claim for 200,000 Afghani and denied the man's request to reconsider the settlement in light of the fact that the brother who had been killed was the bread-winner for his family and his family had to pay for various rites associated with the funeral, 40-day and 1-year anniversary, and support of his family. The US gave an additional condolence payment of 125,000 Afghani. |
| Army Bates 32353-32362 | Army | 7/1/2007 or 5/26/2007 | Anbar, Ramadi, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act for $5,000 for the death of his father and personal injury caused by the multinational forces when his father had gone to the police station to lodge a complaint and was hit by the police patrol car and killed by the Multi-National Forces. MNF claimed it was an accident. This document did not contain information on whether the civilian's claim for damages was approved. |
| Army Bates 32363-32394 | Army | 7/28/2005; another page on the document gives a different date (1/28/05) | Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act for the death of his father by US Forces coalition patrol while he was traveling. The claim was settled for a condolence payment of $2,500, recognizing that the compensation will serve to let the family members know about MNF's sympathy. |
| Army Bates 32395-32399 | Army | 11/13/06 | Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant alleges that his daughter was shot by Coalition Forces by his house. Claimant seeks $2,500 for his loss. The file does not contain the result of the FCA claim or whether the claim was referred for payment as a condolence payment., |
| Army Bates 32400-32400 | Multi National Corps | 10/16/07 | Baghdad, Iraq | Claim for compensation under the Commander's Emergency Response Program, where $5,000 condolence payment was paid to the claimant for wrongful arrest, loss of his wife because of US Forces action, and because the claimant provided help to Coalition Forces for no compensation. |
| Army Bates 32401-32401 | Completely redacted. | |||
| Army Bates 32402-32416 | Army | 11/02/05 | Ramadi, Al-Hamdeyah, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant seeks 250,000,000 Iraqi Dinars for damaging his house, car and for killing five of his family members. It is unclear from here if the claim was satisfied. |
| Army Bates 32417-32423 | Army | 11/14/05 | Bodhyad, Jazeera, Iraq | Claim by Iraqi civilian for compensation under the Commander's Emergency Response Program condolence payment. Claimant alleges that US Forces random shelling caused her husband's death for which she requests compensation. Claimant seeks $2,500. It is unclear whether the claim was paid. |
| Army Bates 32424-32430 | Army | 08/25/06 | Iraq | Claim for condolence payment by Iraqi civilian under the Commander's Emergency Response Program seeking $2,500. Claimant alleges that an exchange of fire between US Forces and unknown forces resulted in the injury and death of her daughter for which she now asks for compensation. Claim is paid. |
| Army Bates 32431-32437 | Army | 05/18/06 | Ramadi, Iraq | Claim by Iraqi civilian for compensation under the Commander's Emergency Response Program condolence payment for $10,000. Claimant alleges that his mother and sister went to the market and were caught in a firefight between US Forces and others, and that both his mother and sister were killed. Note on the file states that there is a possible SIGACTs match for the event relating to a "complex" engagement at the market. Claimant is granted $2,500 for the death of his mother, and $2,500 for the death of his sister. |
| Army Bates 32438-32445 | Army | 07/26/06 | Iraq | Claim by Iraqi civilian for compensation under the Commander's Emergency Response Program condolence payment for $5,000, for the killing of his mother and father. Claimant alleges that he and his parents were shopping at a market when a bomb went off and US Forces started firing in the direction of the bomb, killing his mother and father. Note in file states "C.F. counterfire after IED blast . . . possible SIGACT MATCH." Claimant was granted $5,000. |
| Army Bates 32446-32456 | Army | 09/21/06 | Ziyout, Ramadi, Iraq | Claim by Iraqi civilian for compensation under the Commander's Emergency Response Program condolence payment for $2,500 for the killing of her son. Claimant alleges that US Forces killed his son while his son was going to work. A note in the file states "can't find SIGACT based on info provided. Son was [Anti-Iraqi Forces] killed for reason. " Another note says that the claim was denied. However another note on the file states that the claim was paid for $2,500 on February 28, 2008. |
| Army Bates 32457-32470 | Army | 09/21/06 | Ramadi, Iraq | Related to 32446-32456. Claimant seeks compensation for the damage to the car. |
| Army Bates 32471-32482 | Army | 08/05/06 | Ramadi, Iraq | Claim by Iraqi civilian for compensation under the Commander's Emergency Response Program condolence payment for $5,000 for the death of his wife. Claimant alleges that there was shooting by coalition forces and that he, his wife and others left their homes but were then caught in the middle of a fire fight which resulted in the death of his wife. Claimant granted a $2,500 condolence payment. |
| Army Bates 32483-32489 | Army | 01/09/07 | Ramadi, Iraq | Claim by Iraqi civilian for compensation under the Commander's Emergency Response Program condolence payment. Claimant seeks $2,500 for the death of his/her son who was shot by US Forces at the fuel station when the son was bringing fuel for their generator. Claim is granted for $2,500. |
| Army Bates 32490-32496 | Army | 12/16/06 | Ramadi, Iraq | Claim by Iraqi civilian for compensation under the Commander's Emergency Response Program condolence payment for $5,000 for the killing of her son and daughter. Claimant alleges that a bombing occurred behind a school and US Forces opened fire causing the deaths of her children. Claimant is granted $5,000, composed of $2,500 for each death. |
| Army Bates 32497-32502 | Army | 04/03/07 | Ramadi, Iraq | Claim by Iraqi civilian for compensation under the Commander's Emergency Response Program condolence payment for $10,000 for the death of his son and daughter caused by US Forces shooting in her area. A note on the file states that it has been approved for a $5,000 and states that "will pay." Unclear if actually paid. |
| Army Bates 32503-32511 | Army | 04/03/07 | Hy Al Bakr, Ramadi, Iraq | Claim by Iraqi civilian for compensation under the Commander's Emergency Response Program condolence payment for $3,000 for the death of her daughter caused by US Forces shooting at their home at night while they were sleeping. A note on the file states that it has been approved for a $2,500 payment. |
| Army Bates 32512-32524 | Army | 04/03/07 | Hy Al Bakr, Ramadi, Iraq | Claim by Iraqi civilian for compensation under the Commander's Emergency Response Program condolence payment for $7,000 for the death of his sister and father caused by US Forces dropping bombs in the area. A note on the file says the claim has been approved for a $5,000 payment. |
| Army Bates 32525-32531 | Army | 04/03/07 | Hy Al Bakr, Ramadi, Iraq | Claim by Iraqi civilian for compensation under the Commander's Emergency Response Program condolence payment $7,000 for the death of her two daughters caused by the US Forces' bombing of her area when her children were playing outside their home. The claim is approved for payment of $5,000. |
| Army Bates 32532-32549 | Army | 04/03/07 | Hy Al Bakr, Ramadi, Iraq | Claim by Iraqi civilian for compensation under the Commander's Emergency Response Program condolence payment of $7,500 for the deaths of his mother, brother and sister, and for property damage to his house caused by US Forces when they bombed his neighborhood. The claim is approved for $8,o00, composed of $2,500 for each of the deaths and $500 for the damage to the home. |
| Army Bates 32550-32558 | Army | 04/03/07 | Hy Al Bakr, Ramadi, Iraq | Claim by Iraqi civilian for compensation under the Commander's Emergency Response Program condolence payment of $25,000 for the death of his son and sister, injury to his mother, and damage to his house, caused by US Forces bombing his house and neighborhood. The claim was paid in the amount of $9,500, composed of $2,500 for the deaths of claimant's son and sister, $500 for the injury to his mother, and $3,000 for the damage to his house. |
| Army Bates 32559-32566 | US Marine Corps | 04/03/07 | Hy Al Bakr, Ramadi, Iraq | Claim by Iraqi civilian for compensation under the Commander's Emergency Response Program condolence payment for $3,500 for the death of his mother. Claimant states that US Forces dropped bombs in his neighborhood and resulted in the death of his sleeping mother. The claim is recommended for payment of $2,500. |
| Army Bates 32567-32577 | Army | 09/28/06 | Ramadi, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act for $2,500 for the death of her husband caused by US Forces shooting at his car when her husband was driving. A note in the file states that the claimant's husband did not show hostile intent and should not have been shot. The claim is marked as paid for $2,500. |
| Army Bates 32578-32639 | Army | 01/05/05 | E. Radweenya, Baghdad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act for $5,000 for the death of his brother who was shot by US Forces while driving, was taken to the hospital by US Forces and then died. A handwritten note in the file states: "This man is innocent. 84th ENG fired warning shot. It accidentally ricocheted and hit the truck." An Army memorandum dated February 25, 2005 states that the claim should be paid due to the pain and suffering of the family. However, in a letter dated March 1, 2005, the FCA claim is denied as arising out of combat activity. |
| Army Bates 32640-32658 | Army | 01/01/05 | Karballah, Al Hur, Iraq | Claim by Iraqi civilian for compensation under either the Foreign Claims Act or a condolence payment for $2,500. Claimant alleges that her husband was driving from Baghdad to Karballah when he was engaged in small arms fire by US Forces. Claimant's husband was one of four men. A letter in the file suggest that the claim be paid as a condolence payment for $1,000, but that letter has word "DENIED" written across it. |
| Army Bates 32659-32678 | Army | 01/01/05 | Karballah, Al Hur, Iraq | Related to the same incident as 32640-32658. This is a claim by one of the wives of the other men in the car. Claim by Iraqi civilian for compensation under either the Foreign Claims Act or a condolence payment for $2,500. Claimant alleges that her husband was driving from Baghdad to Karballah when he was engaged in small arms fire by US Forces. Claimant's husband was one of four men. A letter in the file suggest that the claim be paid as a condolence payment for $1,000, but that letter has word "DENIED" written across it. |
| Army Bates 32679-32683 | Army | 02/17/07 | Ramadi Sigaria, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act for $16,000 for the death of his mother, father, sister, and brother. Claimant's family was going to a doctor appointment for his mother when they were caught in a firefight and were killed. A note on the file states it is approved for a payment of $2,500. |
| Army Bates 32684-32696 | Army | 08/05/06 | Ramadi, Iraq | Claim by Iraqi civilian for compensation under the either the Foreign Claims Act or as a condolence payment for $5,000 for the death of claimant's wife and son. Claimant alleges that his wife and son were exposed to random firing by US Forces. A note in the file state "No SIGACT report. Lots of action in this area. Very possible that this happened." Note on front of file states "Need better location." Not clear if any compensation granted or denied. |
| Army Bates 32697-32712 | Army | 02/09/07 | Balad, Iraq | Claim by Iraqi civilian for compensation under the Commander's Emergency Relief Program condolence payment. Claimant states that his/her family member was killed, house damaged and car damaged, as a result of US Forces. A note in the file states that the civilian's death was "collateral to the intended target and he was a noncombatant." An email chain explains that the claim has been approved for $10,000, and another note in the file states that the claimant is seeking additional compensation. |
| Army Bates 32713-32726 | Army | 11/25/07 | Iraq | This file is composed of a series of slides (mostly exempted) of Rules of Engagement training that refer to an incident that occurred on November 25, 2007, where there was mortar fire, explosives and a local national Iraqi appears to have been injured or killed. No reference to any compensation for the victim's family. |
| Army Bates 32727-32734 | Army | 2007* | Iraq | Claim paid to Iraqi civilian for compensation under the Commander's Emergency Response Program condolence payment of $8,500 for the death of two Iraqi men and injury to one Iraqi child, when their vehicle was engaged by US Forces. |
| Army Bates 32735-32776 | Army | 12/13/06 | Iraq | Claim by Iraqi civilian for compensation under either the Foreign Claims Act or a condolence payment for $7,500. Claimant alleges that her husband was driving in a car. An Improvised Explosive Devise exploded and in the aftermath US Forces shot and killed her husband. US Forces state that they gave the victim proper instructions to stop but that he did not, but recommended a $2,500 condolence payment because the victim was determined not to be part of Anti-Iraqi Forces. |
| Army Bates 32777-32808 | Army | 06/26/07 | Iraq | Claim by Iraqi civilian for compensation under either the Foreign Claims Act or a condolence payment for $15,000. Claimant alleges that US Forces shot from a helicopter and killed her son and injured her nephew. Claimant seeks $14,000 for the death of her son, and $1,000 for the injury to her nephew. The resolution of the claim is not listed. |
| Army Bates 32809-32812 | Army | 04/30/07 | Iraq | Condolence payments paid in relation to an incident titled "Artillery Fire Killing 8 Civilians." Apparently an Army 15-6 investigation was initiated and as part of that investigation this email chain reports that the following condolence payment was made: "$2500 * 8 for death, $1000 * 3 for injury, $2000 * 1 for livestock. All paid in full." |
| Army Bates 32813-32816 | Army | 09/23/07 | Iraq | Condolence payment in relation to an incident on September 23, 2007, "involving the death of a noncombatant due to combat ops." Email chain states that a condolence payment was paid but does not state how much the payment was for. |
| Army Bates 32817-32849 | Army | 07/13/07 | Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act for $15,000 for the death of his son and damage to his truck. Claimant alleges that US Forces began shooting randomly either before or after an Improvised Explosive Devise explosion and killed his son. The claim was denied as relating to combat activity. The claimant re-filed and his reconsideration claim was denied as failing to bring forth new evidence. There is a page in the file about whether a condolence payment should be suggested but the form is blank. |
| Army Bates 32850-32856 | Army | 05/06/06 | Saba-Al-Boor, Iraq | Claim by Iraqi civilian under the Foreign Claims Act for $7,000, on behalf of her mentally handicapped son who was shot and killed by Coalition Forces while walking to visit his sister. The claim was denied because the death was found to be "combat related" and there was "no proof of US-Military involvement." |
| Army Bates 32857-32865 | Army | Unknown | Iraq | This file is composed of military emails (heavily redacted) outlining death of a military aged male insurgent killed during combat, a civilian that appears to have been killed in his house "via wounds sustained from US" in Al Qaim, and the death of an unarmed civilian. |
| Army Bates 32866-32873 | Army - B / 148th | 07/09/05 | Mahmudiyah, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act for $4,500, on behalf of claimant's brother who was killed by a US Forces convoy. Claimant also makes a claim for a stolen pickup truck the decedent was driving at the time he was killed. Claim was denied on September 14, 2005. Documents largely redacted. |
| Army Bates 32874-32874 | Document completely redacted. | |||
| Army Bates 32875-32875 | Document completely redacted. | |||
| Army Bates 32876-32897 | Army - Bravo Company, Scout Platoon, Headquaters and Headquarters Company, 2nd Battalion, 12th Calvary (Private First Class Beegle) | 07/17/07 | Near or at Ghazaliah Main and Police Station Road, Iraq | This file is composed of parts of an Army 15-6 investigation into the killing of Iraqi civilians. Escalation of force resulting in the death of four Iraqi local nationals - an adult male, an adult female, and two children. According to the reports, a BMW approached an intersection, which was being patrolled following an Improvised Explosive Devise strike, at a high rate of speed. A "Private First Class (PFC) Beegle" purportedly issued verbal orders to the vehicle and used warning hand-signals in an attempt to stop the vehicle. "PFC Beegle" then beamed a green laser into the vehicle but when the vehicle did not stop, fired 3 warning shots into the driver's side wind-shield. After 5-6 seconds, "PFC Beegle" fully engaged the vehicle. An MP truck nearby also fired at the vehicle. After a cease fire was ordered by the Platoon Leader, the vehicle began smoking and caught fire. The officers reported that "ammunition was seen cooking off inside vehicle" and that popping noises could be heard coming from the fire. The Commander's Inquiry found that "PFC Beegle" "performed appropriate escalation of force measures when responding to a perceived threat." No mention of compensation. |
| Army Bates 32898-32910 | Army - Bravo Company, Scout Platoon, Headquarters and Headquarters Company, 2nd Battalion, 12th Calvary (Private First Class Beegle) | 07/17/07 | Near or at Ghazaliah Main and Police Station Road, Iraq | Related to 32876-32897. This file is composed of additional parts of the Army 15-6 investigation into the killing of Iraqi civilians and is composed of sworn statements. |
| Army Bates 32911-32923 | Army - B Company, 2nd Battalion, 3rd Special Forces Group | 07/29/05 | US Army Base Baghdad International Airport, between Camp Liberty and Camp Stryker, on the road from Area IV to Midland Gate, Iraq | Claim by a citizen of Turkey for $150,000, (likely under the Foreign Claims Act) on behalf of her civilian husband, also of Turkish decent, who was killed in a traffic accident on an US Forces Army base. The decedent, an employee of 77 Construction Contracting & Trading Company and a contractor with the Department of Defense, was killed when a US Army Light Medium Tactical Vehicle ("LMTV") driven by a Specialist ("SPC") hit a divot in the road, over-corrected while navigating a curve, lost control and crashed into a mobile crane operated by the decedent. The investigation found that although the operator of the LMTV was traveling at an "excessive" speed, he was not negligent and that the road where the accident occurred "presents a future danger for military vehicles" and that the "narrow width of the road is not sufficient." Resolution not clear. |
| Army Bates 32924-32945 | Army - B Company, 2nd Battalion, 3rd Special Forces Group | 07/29/05 | US Army Base Baghdad International Airport, between Camp Liberty and Camp Stryker, on the road from Area IV to Midland Gate, Iraq | Related to 32911-32923. This file is composed of an Army 15-6 investigation into the killing of the Turkish national and includes sworn statements and Investigation Findings and Recommendations Report, which concludes that US Forces were not negligent. |
| Army Bates 32946-32957 | Army - B Company, 2nd Battalion, 3rd Special Forces Group | 07/29/05 | US Army Base Baghdad International Airport, between Camp Liberty and Camp Stryker, on the road from Area IV to Midland Gate, Iraq | Related to 32911-32923. This file is composed of an Army 15-6 investigation into the killing of the Turkish national and includes sworn statements related to the incident. The driver f the LMTV expresses sympathy and sorrow for the death. (32954.pdf) |
| Army Bates 32958-32971 | Army - B Company, 2nd Battalion, 3rd Special Forces Group | 07/29/05 | US Army Base Baghdad International Airport, between Camp Liberty and Camp Stryker, on the road from Area IV to Midland Gate, Iraq | Related to 32911-32923. This file is composed of an investigation titled "US Army Abbreviated Ground Accident Report", and includes photographs, and BIAP Fire Rescue Report for incident. |
| Army Bates 32972-32985 | Army - B Company, 2nd Battalion, 3rd Special Forces Group | 07/29/05 | US Army Base Baghdad International Airport, between Camp Liberty and Camp Stryker, on the road from Area IV to Midland Gate, Iraq | Related to 32911-32923. This file is composed of photographs of accident scene and Chronology of Serious Incident and Investigating Officer's Inquiry of Serious Incident Report for incident. |
| Army Bates 32986-32989 | Army | 1/X/2006 | Baghdad, Iraq | Claim by Iraqi civilian under the Foreign Claims Act for $2,500, on behalf of son-in-law who was shot and killed, during an Escalation of Force incident during a random checkpoint setup in a neighborhood. Claimant receives $2,500 on November 1, 2006. The claimant also appears to have been paid $1,200 for damage to a personal vehicle. |
| Army Bates 32990-32998 | Army | 11/05/06 | Lifjafor Village, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act on behalf of members of his village for $60,000. During a raid, US Forces were mistaken for the "bad guys" by the Iraqi Police who urged the villagers to arm themselves and engaged in a fire fight with US Forces. Based on the claim documents, appears at least five Iraqi civilians were killed. The claim was disapproved. |
| Army Bates 32999-33000 | Army | 11/08/05 | Sword House, Iraq | Claim Memorandum documenting a Condolence Payment of $2,500 related to the death of a Iraqi civilian who was killed when US Forces engaged insurgents. According to the report the decedent was found to be "friendly local national" and the payment was made to "positively influence both the community and local Iraqi leaders." |
| Army Bates 33001-33003 | Army | 11/08/05 | Sword House, Iraq | Same incident reported in 32999-33000. Same document as 32999.pdf - 33000.pdf. |
| Army Bates 33004-33006 | Army | 11/08/05 | Sword House, Iraq | Same incident reported in 32999-33000. Same document as 32999.pdf - 33000.pdf. |
| Army Bates 33007-33008 | Army | 11/19/05 | Ghazaliya, Iraq | Claim Memorandum documenting a Condolence Payment of $4,000 to an Iraqi civilian for the death of her husband, and property damage. The claimant's husband was shot in his vehicle which caused him to crash into a highway's median divider. The decedent later died from his injuries. According to the memo, the payment was made to "positively influence both the community and local Iraqi leaders." |
| Army Bates 33009-33027 | Army - 1st Platoon, Alpha Company, 1st Battalion, 26th Infantry Regiment, 2nd Brigade Combat Team, 1st Infantry Division | 01/01/07 | Zone 307, Iraq | This file is composed of parts of an Army 15-6 investigation into the killing of an Iraqi civilian. Escalation of Force incident which led to the death of a male local national. Five to ten minutes following a firefight, a Sargent with the 1st Platoon opened fire on a white SUV "without notice or authorization" immediately after first spotting the vehicle, shooting and killing the driver of the vehicle. (The statements vary - some state that a warning shot was initially fired; others state that no warning was given before the driver was engaged.) Other officers on the scene reported that the vehicle was slowing immediately before being engaged and "did not appear to pose a threat to the patrol." After disabling the vehicle, the patrol unit left the area without investigating the scene or checking on the status of the driver. The findings are largely redacted but states in part: "Through this investigation I found that SGT [redacted]'s belief that the white vehicle posed a threat to him and the patrol to be highly unrealistic." In addition, the findings state that the Sargent's view that the driver posed an offensive threat was "false and unsupported." During the investigation, the the Investigating Officer, a Major, found that the 1st Lieutenant and other members of the platoon attempted to cover up the incident including telling lower officers that "the things that occur in sector remain in sector," and failed to properly report the incident. As with the findings, the recommendations, and sworn statements are largely redacted. Matter referrenced to the Army CID for criminal investigation by Major General Joseph F. Fil, Jr. |
| Army Bates 33028-33048 | Army - 1st Platoon, Alpha Company, 1st Battalion, 26th Infantry Regiment, 2nd Brigade Combat Team, 1st Infantry Division | 01/01/07 | Zone 307, Iraq | Related to 33009-33027. This file is composed of additional parts of the Army 15-6 investigation into the killing of an Iraqi civilian and is composed of sworn statements (largely redacted) related to the incident. |
| Army Bates 33049-33070 | Army - 1st Platoon, Alpha Company, 1st Battalion, 26th Infantry Regiment, 2nd Brigade Combat Team, 1st Infantry Division | 01/01/07 | Zone 307, Iraq | Related to 33009-33027. This file is composed of additional parts of the Army 15-6 investigation into the killing of an Iraqi civilian and is composed of sworn statements (largely redacted) related to the incident. The statement by the Lieutenant (33057 - 33058.pdf) states that a videotape of the incident was made but likely erased ("ONCE WE GOT BACK I LOOKED AT THE CAMERA. I DIDN'T SEE ANYTHING WRONG WITH IT AND I TOLD SGT [REDACTED] THAT HE SHOULD ERASE THAT BECAUSE PFC [REDACTED] SHOULDN'T BE VIDEOING TAPING THINGS OUT IN SECTOR AND HE SHOULD BE PAYING ATTENTION TO WHATS GOING ON."). The same declarant also admitted that he did not report the incident because he didn't know that he had to because he did not think it was important. He also stated that the local national who was killed did not move in the vehicle after the engagement because he was "horrified." The statement of the Sargent who engaged the local national appears at 33060 - 33061.pdf [Note: the tone of the Sargent's statement is very brusk and cavalier (e.g., DID YOU KILL HIM? A: HE STOPPED MOVING. Q. WHY [DID YOU] NOT [CHECK ON THE LN]? A. I AM NOT SURE. THAT IS NOT MY CALL.)]. |
| Army Bates 33071-33089 | Army - 1st Platoon, Alpha Company, 1st Battalion, 26th Infantry Regiment, 2nd Brigade Combat Team, 1st Infantry Division | 01/01/07 | Zone 307, Iraq | Related to 33009-33027. This file is composed of additional parts of the Army 15-6 investigation into the killing of an Iraqi civilian and is composed of sworn statements (largely redacted) related to the incident. The statement of the SPC who videotaped the incident appears at 33072 - 33073.pdf. He acknowledged recording the incident but stated "WHEN WE GOT BACK TO CAMP TAJI I WAS GIVEN VERY LITTLE TIME TO PREPARE MYSELF TO GO ON R&R SO I MISTAKENLY LEFT MY CAMERA IN MY ROOM. WHEN I GOT BACK FROM R&R, I FOUND MY 1GB MEMORY STICK FROM MY CAMERA WAS MISSING AND MY ROOMMATE SAID NO ONE WAS IN THE ROOM AS FAR AS HE KNEW." The SPC also stated "SGT [REDACTED] TOLD ME THAT 1LT [REDACTED] ORDERED HIM TO MAKE SURE THAT I DELETED [SIC] THE VIDEO, BUT HE TOLD ME THAT IT WAS MY OWN CHOICE WETHER [SIC] I DELETE IT OR NOT." When asked why he thought he was ordered to delete the video, the SPC stated "I GUESS BECAUSE HE THINKS THAT SOMETHING HAPPENED THAT COULD GET HIM IN TROUBLE." |
| Army Bates 33090-33117 | Army - 1st Platoon, Alpha Company, 1st Battalion, 26th Infantry Regiment, 2nd Brigade Combat Team, 1st Infantry Division | 01/01/07 | Zone 307, Iraq | Sworn statements (largely redacted) related to the incident reported in DocumentID 593. The statement of a PV2 states: "what was said at the debrief by LT [Redacted] was "whatever happens in sector stays in sector." (33093 - 33094.pdf). 1/2/07 Patrol Brief by the 1st Lieutenant (omitting reference to the incident) appears at 33117 - 33119.pdf ("MISSION ACCOMPLISHED. FURTHERMORE, TODAY WAS AN EXCELLENT EXAMPLE OFCF WORKING TOGETHER TO COUNTER AIF ACTIVITY."). |
| Army Bates 33118-33133 | Army - 1st Platoon, Alpha Company, 1st Battalion, 26th Infantry Regiment, 2nd Brigade Combat Team, 1st Infantry Division | 01/01/07 | Zone 307, Iraq | Related to 33009-33027. This file is composed of additional parts of the Army 15-6 investigation into the killing of an Iraqi civilian and is composed of documents (largely redacted) related to incident. Findings at 33128.pdf state: "I FIND THAT SGT [REDACTED] THE GUNNER OF A26 IMPROPERLY ENGAGED A CIVILIAN WHITE SUV THAT POSED NO IMMEDIATE THREAT…I FIND THAT SGT [REDACTED] ENGAGGED [SIC] THE VEHICLE AS SOON AS IT BECAME VISIBLE...I BELIEVE SGT [REDACTED] MOST LIKELY KILLED AN UNARMED CIVILIAN OPERATING THE CAR WITHOUT DUE CAUSE. I FIND THAT SGT [REDACTED]COMMANDER 1LT [REDACTED] HAS COVERED UP THIS INCIDENT...I ALSO FIND THAT 1LT [REDACTED] BROUGHT ALL PARTICIPANTS FROM THIS INCIDENT TOGETHER ONCE BACK TO OLD MoD AND DIRECTLY ORDERED EVERYONE TO NOT DISCUSS THE INCIDENT." Memo re interview with SPC who may have videotaped the incident (during this interview he stated that the EOF was not videotaped; only the events leading up to the EOF) appears at 33129.pdf. A letter by an SPC appears at 33130.pdf. The letter states in part: "When the LT pulled up on [redacted] my self witnessed him engage a civilian vehicle which was about [redacted] away without even warning them or anything and to make it even worse he kept of shouting even after the vehicle had stopped. He then instructed me to tell Spc [redacted] to delete the video that he had recorded during the fire right [sic] that he didn't want any thing to come back on him." |
| Army Bates 33134-33154 | Army - A company, 115th BSB | 06/03/07 | Near Camp Taji, Iraq | This file is composed of parts of an Army 15-6 investigation into the killing of an Iraqi civilian. Documents related to Escalation of Force which led to the death of a 42 year old Iraqi male civilian. A convoy of US Forces Army vehicles departed Camp Taji. While other oncoming traffic pulled over to the shoulder to allow the convoy to pass, a grey van, with two male and two female Iraqi civilians, purportedly failed to do so even after being flashed and honked at. A warning shot was fired in front of the van, followed by disabling shots to the van's engine and front passenger tire. The van swerved off the road, and the convoy passed the vehicle without stopping. Later vehicles noted that approximately twenty Iraqi civilians began to gather around the disabled vehicle and attempted to flag down other army vehicles who did not stop because they perceived the situation as a threat. The driver of the van was hit in the chest and later died from his injuries at the Taji Clinic. The investigation report found that the "convoy did not stop after the engagement to assess the damage of the vehicle and personnel which is a violation of MNC-1 Policy Letter #15" and that the lead gun truck commander, a Sargent, did not articulate clearly over the radio the situations that occcurred until after the engagement. |
| Army Bates 33155-33174 | Army - A company, 115th BSB | 06/03/07 | Near Camp Taji, Iraq | Related to 33134-33154. This file is composed of additional parts of the Army 15-6 investigation into the killing of an Iraqi civilian, and includes sworn statements (largely illegible) related to incident. |
| Army Bates 33175-33189 | Army - A company, 115th BSB | 06/03/07 | Near Camp Taji, Iraq | Related to 33134-33154. This file is composed of additional parts of the Army 15-6 investigation into the killing of an Iraqi civilian, and includes sworn statements (largely illegible) related to incident. |
| Army Bates 33190-33209 | Army - A company, 115th BSB | 06/03/07 | Near Camp Taji, Iraq | Related to 33134-33154. This file is composed of additional parts of the Army 15-6 investigation into the killing of an Iraqi civilian, and includes sworn statements (largely illegible) and other documents related to incident.. |
| Army Bates 33210-33214 | Army - A company, 115th BSB | 06/03/07 | Near Camp Taji, Iraq | Related to 33134-33154. This file is composed of additional parts of the Army 15-6 investigation into the killing of an Iraqi civilian, and includes documents (largely redacted) related to the incident. |
| Army Bates 33215-33215 | Document completely redacted. | |||
| Army Bates 33216-33216 | Document completely redacted. | |||
| Army Bates 33217-33236 | Army - 1st Platoon, A/8-10 Calvary, 4 BCT, 4ID | 11/04/06 | Ameriyah, Iraq | This file is composed of parts of an Army 15-6 investigation into the killing of an Iraqi civilian. Escalation of Force incident which led to the death of an Iraqi civilian. US Forces 1st Platoon was on patrol when they approached an intersection. The patrol slowed and motioned for other civilian traffic to stop in order to allow the convoy to pass. While one car stopped, a white van failed to slow down amd purportedly approached the intersection at a high rate of speed. The gunner of the patrol then pointed his turnet at the vehicle and fired when the vehicle showed no signs of stopping. The gunner (and others) later stated thtat they feared that the vehicle was a vehicle born improvised explosive device ("VBIED"). After the vehicle was fired upon, it crashed into another army vehicle in the convoy. Initially, the convoy departed the scene because it felt that the VBIED would explode. After a few minutes, orders were given to turn around and assess the scene at which time the soldiers discovered a critically wounded Iraqi male. Following an investigation, the matter was remanded to the BCT Commander to direct additional training at the tactical level. |
| Army Bates 33237-33254 | Army - 1st Platoon, A/8-10 Calvary, 4 BCT, 4ID | 11/04/06 | Ameriyah, Iraq | Related to 33217-33236. This file is composed of additional parts of the Army 15-6 investigation into the killing of an Iraqi civilian and includes documents, including sworn statements, related to the incident. |
| Army Bates 33255-33264 | Army - 1st Platoon, A Company, 2-16 Infantry | 08/06/07 | Baghdad, Iraq | This file is composed of parts of an Army 15-6 investigation into the killing of Iraqi civilian. Escalation of Force incident which led to the death of an Iraqi civilian. The 1st Platoon was deployed to clear six houses where the origin of small arms fire was suspected. During the search (and within 11 minutes of the small arms fire attack), a white vehicle approached the blocking position of the platoon at a high rate of speed from the origin of the small arms fire. The gunner apparently did not use full Escalation of Force procedures (section largely redacted) because he purportedly did not have any time but only fired a single warning shot, a disabling shot aimed at the engine, and one lethal shot which killed the passenger and stopped the vehicle. The driver jumped out of the vehicle and fled the scene. After the inital clearnace operation was completed, the platoon returned to the vehicle but the decedent did not have any identification, a cell phone, weapons, or any other illegal items. The investigator found that the officers acted reasonably and that compensation was not required. |
| Army Bates 33265-33280 | Army - 1st Platoon, A Company, 2-16 Infantry | 08/06/07 | Baghdad, Iraq | Related to 33255-33264. This file is composed of additional parts of the Army 15-6 investigation into the killing of an Iraqi civilian and includes documents, including sworn statements, related to the incident. |
| Army Bates 33281-33290 | Document completely redacted. | |||
| Army Bates 33291-33309 | Army - Regimental Tactical Assault Command Post ("RTAC") and Regimental Support Squadron ("RSS"), 2SCR | 12/06/07 | ECP3, Iraq | This file is composed of parts of an Army 15-6 investigation into the killing of an Iraqi civilian and wounding of three Iraqi civilians. Escalation of Force incident which led to the death of an Iraqi civilian - an elderly woman who was a passenger in a vehicle (back seat) - and injuring three others - an adult female, a female child and a male child. The US Forces' RSS was dispatched to assist the RTAC to tow a vehicle damaged in combat. The damaged vehicle was unable to maneuver through the streets and RSS attempted to lift the vehicle. A traffic control was set up and traffic was allowed to pass the area of the damaged vehicle. After approximately 30-45 minutes, a white car approached the location of the downed vehicle. According to an E-4 officer, the vehicle "slowed down to a reasonable speed and slowly approached the two RSS vehicles...[when] a dismounted personal [sic] from RSS waved his arms in a up and down motion to signal the car. As the vehicle slowed down more, the vehicle at my right as I was facing the vehicle fired one shot." There appears to have been "initial confusion" and what was supposed to be just a "warning shot" shattered the rear window and impacted the victim at or about the the front passenger headrest (an E-4 officer stated that what was described as a warning shot was "located at chest level on the passenger side." Immediately following the incident, the gunner told the Captain that "he was aiming to disable the vehicle. His next quote was 'I felt threatened.'" The young boy also told the same Captain that "'no one told him to stop.'" According to the E-4 officer, "the vehicle did not, from my view, in any way possess a threat to the soldiers or the vehicles in the area." Another report states that "warning shot was located at chest level on the passenger side." [INCIDENT DESCRIBED IN DOCUMENT NOS. 33291 - 33298 AND 33330 - 33342.] |
| Army Bates 33310-33329 | Army - D Company, 1st Battalion, 8th Calvary Regiment | 08/22/07 | Muhalla, New Baghdad, Baladiat Area, Iraq | This file is composed of parts of an Army 15-6 investigation into the killing of an Iraqi civilian. Escalation of Force incident which led to the death of an Iraqi civilian, a military aged man who purportedly ran at a high rate of speed past an army truck smoking a cigarette and carryng what appeared to be an AK-47. Conflicting statements were given whether the weapon was pointed (the majority of the declarants stated that the "weapon" was pointed at the ground). Officers apparently shouted at the man to stop, and when he did not, fired a warning shot. The initial firing officer then radioed that "an individual had a weapon and had taken off running." The man continued to run around a corner into a park and purportedly threw the "weapon" at some point before he was fully engaged (15 rounds each by two officers) and killed. The incident occurred "during the hours of darkness under limited visibility." No weapons was ever recovered. Also, after the decedent was identifed, although redacted, it appears that the investigator concluded that he was not a threat and may have been mentally handicapped. A condolence payment appears to have been approved. [INCIDENT DESCRIBED IN DOCUMENT NOS. 33299 - 33329.] |
| Army Bates 33330-33342 | Army - Regimental Tactical Assault Command Post ("RTAC") and Regimental Support Squadron ("RSS"), 2SCR | 12/06/07 | ECP3, Iraq | Related to and repeat of 33291-33309. |
| Army Bates 33343-33358 | Army - 2nd Platoon, B Company, 1st Battalion, 504th Parachute Infantry Regiment | 07/08/07 | Overpass Bridge, Iraq | This file is composed of parts of an Army 15-6 investigation into the killing of an Iraqi civilian. Escalation of Force incident which led to the death of an Iraqi civilian, a military aged man who was a passenger of a vehicle. The US Forces platoon set up a traffic control point on an overpass which allowed oncoming traffic to pass after they slowed down. A white Daewoo approached the patrol purportedly at a high rate of speed as the traffic control point was being dismantled. A Sargeant waved a red beacon with one hand and began shouting at the white vehicle to stop. A PFC also waved and shouted at the vehicle. The Sargeant then waved a tac light to flash at the vehicle. When the vehicle failed to stop, the Sargeant fired a warning shot at the vehicle and struck its front right headlight. The vehicle came to a stop, and when the officers approached, the driver of the vehicle began to move the car back then forward. The Sargeant then fired a shot into the vehicle striking the middle front windshield. According to the investigation report, "because SGT [redacted] still had the red beacon in his hand, he was not able to get a firm grip on the barrel of the weapon. The shot was more a reactionary movement than a precision shot." The vehicle then stopped and five local national males exited the vehicle. A sixth passenger was hunched over in his seat, dead from a shot to his chin/lower face. During the search of the vehicle, the Sargent found many opened liquor bottles and beer cans and smelled alcohol emitting from all of the passengers and drivers. A condolence payment appears to have been approved. |
| Army Bates 33359-33372 | Army | 7/8/2007 | FOB Loyalty, Baghdad, Iraq | This file is composed of sworn statments in relation to an Army 15-6 investigation into the killing of an Iraqi civilian. A white Daewoo vehicle approached a US Forces patrol group despite verbal warnings and shouts for the vehicle to stop. US Forces fired warning shots at the front of the car and the second shot went through the windshield, striking and killing one of the passengers. The military witnesses all stated that when the remaining passengers exited the car they smelled of alcohol and were visibly intoxicated. No information on compensation. |
| Army Bates 33373-33387 | Army | 7/8/2007 | FOB Loyalty, Baghdad, Iraq | Related to 33359-33372. Statements of Sgt Jeremy Johnson and other witnesses. Serious incident report indicates that the passenger who had been shot was taken to Al Kinei hospital where he died. |
| Army Bates 33388-33411 | Army | 6/8/2007 | FOB Falcon, Baghdad, Iraq | This file is composed of an Army 15-6 investigation into the killing of an Iraqi civilian. As a blue van approached FOB, US Forces shouted for it to stop. The van continued moving and US Forces fired a warning shot, causing the van to stop for approximately 10 seconds. The van began moving again and another warning shot was fired. The van again stopped moving for approximately 10 seconds before moving forward again. At that point a third warning shot was fired and military witnesses claim they saw muzzle flashes coming from the van. In response, they fired on the van, causing it to start on fire. Two local nationals exited the vehicle, but a third, who was shot and wounded was unable to exit the vehicle and was burned with the vehicle. Investigator recommends that families of victims not be compensated, however, this part of the recommendation is not approved and note states that families of the victims should be compensated but does not state how much or whether compensation actually occurred. The commanding major general approved the investigation findings but noted that the soldiers "fired on the van after observing what they believed to be muzzle flashes inside the van. The preponderance of the evidence does not establish that their belief was accurate." |
| Army Bates 33412-33434 | Army | 6/8/2007 | Baghdad, Iraq | Related to 33388-33411. Witness statement from a Lt. indicates that the US Forces were repeatedly told to cease fire and that in his estimation the vehicle which was fired upon posed no threat. The Lt. claims that as he repeatedly yelled cease fire, there were "lulls" in the fire, but that it did not stop until a male exited that vehicle and received a gunshot wound. |
| Army Bates 33435-33441 | Army | 6/8/2007 | Baghdad, Iraq | Related to 33388-33411. Witness statements indicating that some US Forces personnel present at the scene observed muzzle flashes coming from the van at the time of the incident. |
| Army Bates 33442-33466 | Army | 4/9/2007 | Baghdad, Iraq | This file is composed of an Army 15-6 investigation into the killing of an Iraqi civilian. A white car traveling towards US Forces in violation of a moving vehicle ban did not stop after verbal warnings were given. Witness statements indicate that at least two gunshots were fired at the car. The statements indicate that either the car sped up or switched into reverse and hit a cinder block wall as it was being fired upon. The driver was killed by a gunshot wound and after the car stopped moving, the driver's son exited the car and was taken into custody. Military investigation finds that all proper Escalation Of Force procedures and requirements were used and this incident "could be used as a training vignette to help others." Condolence payments (but does not state how much was given or when) to the son and sister of the driver were issued. |
| Army Bates 33467-33490 | Army | 4/9/2007 | Baghdad, Iraq | Related to 33442-33466. Military personnel witness statements and photos. |
| Army Bates 33491-33491 | unk | unk | unk | One page, completely redacted. |
| Army Bates 33492-33493 | unk | unk | unk | Iraqi claims pocket card - no information about incident provided. |
| Army Bates 33494-33506 | Army | 12/6/2007 | Camp Liberty, Baghdad, Iraq | This file is composed of an Army 15-6 investigation into the killing of an Iraqi civilian. US Forces shot at a vehicle with four Iraqi civilians which was driving towards an Army unit cordon. One of the civilians was killed by a gunshot to the head; another was hit (ostensibly by the same bullet as the records indicate only one shot was fired) in the shoulder; and a third was cut by glass. During an investigation into Escalation Of Force, one of the Army personnel implicated in the event was formally suspected of aggravated assault. |
| Army Bates 33507-33526 | Army | 12/6/2007 | Camp Liberty, Baghdad, Iraq | Related to 33494-33506. Witness statements indicate that the car was slowly approaching the US Forces' Army unit with its doors open. Then, the doors of the vehicle closed and started moving rapidly. Army personnel waived their arms, flashed lights, and fired a warning shot, which was aimed at the hood of the vehicle. After the warning shot, a woman fell out of the back seat of the vehicle. |
| Army Bates 33527-33541 | Army | 6/9/2007 | FOB Falcon, Baghdad, Iraq | This file is composed of an Army 15-6 investigation into the killing of an Iraqi civilian. A white sedan was observed speeding near "Chosen COP" and a warning shot was fired. The sedan sped up and a disabling shot was fired at the hood of the car. The sedan again sped up, heading towards "Chosen COP" and shots were fired at the driver. The sedan stopped and the driver exited and began running with something (a plastic bag) in his hands. Warning shots were fired and when the civilian did not stop running US Forces shot and killed him. The sedan was later "cleared" by a controlled detonation. Investigator found that all appropriate Escalation of Force procedures were used. |
| Army Bates 33542-33563 | Army | 6/9/2007 | FOB Falcon, Baghdad, Iraq | Related to 33527-33541. Witness statement indicates that the civilian driver of the sedan was slumped over his steering wheel after his car came to a stop and that he began running away from his vehicle approximately 10 minutes after the car stopped. |
| Army Bates 33564-33580 | Army | 8/11/2007 | Iraq | This file is composed of an Army 15-6 investigation into the killing of an Iraqi civilian. During an investigation into a suspected Improvised Explosive Devise placement, a rapidly moving vehicle approached US Forces. Warning lights were flashed, and a warning shot was fired, but the vehicle continued at a high rate of speed. At that point US Forces fired several shots at the vehicle and at the driver. There were three men, two women and two children in the vehicle, all Iraqi civilians. Two of the men were shot, and one of these men died en route to the hospital. Investigator's report found that "All the soldiers involved in this incident clearly understood [Escalation of Force] and employed it appropriately." |
| Army Bates 33581-33610 | Army | 2/5/2006 | Baghdad, Iraq | This file is composed of an Army 15-6 investigation into the killing of an Iraqi civilian. A Blue VW Passat approached a security perimeter and US Forces motioned with hand signals and shouts for the car to stop. The car continued its approach and the US Forces aimed their weapons at the vehicle as a warning to stop. The driver did not respond and a warning shot was fired. The driver still did not respond and US Forces fired at the vehicle, killing the driver. Investigation report notes that the commanding officer "assessed the local national as having committed a potentially criminal act with hostile intent, he did not issue a claims card for the death or the damaged vehicle, and he turned over the scene to the Iraqi police." |
| Army Bates 33611-33617 | Army | 3/9/2007 | Sha'ab neighborhood, Baghdad, Iraq | This file is composed of an Army 15-6 investigation into the killing of an Iraqi civilian. An army patrol unit engaged with one vehicle driven by an Iraqi civilian, injuring the civilian. Later, the same unit engaged with another vehicle at the same location, killing three civilians and wounding two others. Both incidents involved civilian cars which did not yield to flashing lights or signals to stop, followed by warning shots and disabling shots to the vehicles. The military investigation report finds that "the Soldiers involved in both incidents correctly employed MND-B [Escalation Of Force] measures in accordance with MND-B ROE." Claims cards were not issued after either incident because contact information for the victims or their families was not obtained. "There was a visiting relative that supposedly witnessed the EOF used for both vehicles. He stated to his father-in-law that there were flashing lights and shots fired but the taxi never stopped or turned around. This same individual supposedly witnessed and said the same thing for the second vehicle; in fact he called the familiy in the second vehicle a 'Donkey family' which implies they were stupid." |
| Army Bates 33618-33638 | Army | 3/9/2007 | Sha'ab neighborhood, Baghdad, Iraq | Related to 33611-33617. The three deceased Iraqi local nationals were identified as a father and two daughters. The son/brother of the victims had also received a gunshot wound to the head. The mother was unharmed. The first Escalation Of Force incident (involving the taxi driver who received a gunshot wound to the leg) was only 15 minutes before the second incident (involving the three deaths). Question to a witness who was present asks: "Are there any actions you would do different next time-why or why not?" The answer is: "Yes" and the rest of the answer is redacted. |
| Army Bates 33639-33655 | Army | 3/9/2007 | Sha'ab neighborhood, Baghdad, Iraq | Related to 33611-33617. Witness statements. |
| Army Bates 33656-33679 | Army | 3/9/2007 | Sha'ab neighborhood, Baghdad, Iraq | Related to 33611-33617. Witness statement of the soldier who fired upon the taxi (first incident) indicates that there were nine minutes in between the two shootings. |
| Army Bates 33680-33693 | Army | 3/9/2007 | Sha'ab neighborhood, Baghdad, Iraq | Related to 33611-33617. Witness statements. |
| Army Bates 33694-33707 | Army | 3/9/2007 | Sha'ab neighborhood, Baghdad, Iraq | Related to 33611-33617; same pages as 33680-33693. |
| Army Bates 33708-33725 | Army | 3/9/2007 | Sha'ab neighborhood, Baghdad, Iraq | Related to 33611-33617. Witness statements from the two soldiers who shot at the second car. |
| Army Bates 33726-33740 | Army | 3/11/2006 | Near FOB Union, Baghdad, Iraq | This file is composed of an Army 15-6 investigation into the killing of an Iraqi civilian. While investigating a "suspicious mound of dirt" US Forces pursued an Iraqi civilian who was on foot and carrying something in his hand. After repeated verbal warnings in and warning shots, US Forces fired at the individual as he was running away. Investigator notes indicate that "based on the perceived hostile intent of the individual. . . crew used proper [Escalation Of Force]." |
| Army Bates 33741-33755 | Army | 3/11/2006 | Near FOB Union, Baghdad, Iraq | Related to 33726-33740. Military witness statements indicate the deceased Iraqi local national had been acting in a threatening manner: "He was at the grid coordinate of possible [Improvised Explosive Device]. He was out after Curfew. He tried to evade coalition forces. And he refused to stop, when being told to do so in his own language." |
| Army Bates 33756-33767 | Army | 3/11/2006 | Near FOB Union, Baghdad, Iraq | Related to 33726-33740. |
| Army Bates 33768-33781 | Army | 3/11/2006 | Near FOB Union, Baghdad, Iraq | Related to 33726-33740. Report indicates that "Based on [Improvised Explosive Devise/Anti-Iraqi Forces] activity in this area over the past three days, the M1114 crew made an assessment and strongly suspected that the [Local National] running away was a member of a . . . cell operating in this area against US.ISF patrols." Memorandum written for commanding officer on February 18, 2006, claims that "they saw a man running away with what appeared to be a mortar tube in his hand. He threw something at the patrol, they fired warning shots, he threw something else at them, they fired warning shot, he threw something else at them, they fired on him and he went down." No other witness statements or reports indicate the Iraqi civilian had thrown objects at US Forces. |
| Army Bates 33782-33802 | Army | 5/7/2007 | Tarmiyah, Baghdad, Iraq | This file is composed of an Army 15-6 investigation into the killing of an Iraqi civilian. Patrol crew observed three men digging and laying a device in an area known for Improvised Explosive Devise activity. As they fired on the men two Iraqi civilians on bicycles moved into the line of fire; one was hit and killed. |
| Army Bates 33803-33815 | Army | 5/7/2007 | Tarmiyah, Baghdad, Iraq | Related to 33782-33802. Much of pages one and two are illegible. Commander inquiry notes that "I apologized for the incident and asked . . . to find his family and the location of their house. I plan to make a humanitarian aid drop at the family's house as soon as that information is known. No claims card was given since there were no family members present. . . I believe the family should be given a condolence payment." |
| Army Bates 33816-33860 | Army | 8/15/2006 | Near Camp Taji, Baghdad, Iraq | This file is composed of an Army 15-6 investigation into the killing of an Iraqi civilian. Patrol group noticed a blue vehicle moving towards them and "acting suspiciously" in an area known for high Improvised Explosive Devise activity. Hand motions, bullhorn and shouts to stop in English and Arabic failed to stop the car and approximately three warning shots were fired. The car did not slow down and disabling shots were fired at the vehicle. The driver, a female Iraqi civilian was killed immediately. Contact information was acquired from the victim's family for the purposes of providing condolence payment. |
| Army Bates 33861-33861 | Army | 06/30/07 | Baghdad, Iraq | Letter from U.S. Lieutenant General at MNC-B informing Commanding General that he has requested information and analysis from subordinate commands regarding a June 30, 2007 shooting death of an Iraqi civilian. |
| Army Bates 33862-33862 | Army | 06/30/07 | Baghdad, Iraq | Related to 33861-33861. This is one of the requests for information and analysis referenced in 33861-33861. Lieutenant General requests from 62d MEDCOM a report regarding the medical aspects of care and any interrogation activities regarding the killing of the Iraqi civilian. The letter indicates the request is a response to a January 23, 2008 letter of inquiry from the deceased's family, which alleged violation of the laws of humanity and the law of armed conflict. |
| Army Bates 33863-33863 | Army | 06/30/07 | Baghdad, Iraq | Related to 33861-33861 and 33862-33862. This is one of the requests for information and analysis referenced in 33861-33861. Lieutenant General requests from Commander, MND-B a report regarding the operational aspects of the killing of the Iraqi civilian. The letter indicates the request is a response to a January 23, 2008 letter of inquiry from the deceased's family, which alleged violation of the laws of humanity and the law of armed conflict. |
| Army Bates 33864-33864 | Army | 12/26/06 | Baghdad, Iraq | Letter from Major General, U.S. Army to a Iraqi family regarding their father-in-law's death. US Forces soldiers shot the man, and he later died at an Iraqi civilian hospital. Investigation determined that the soldiers acted in accordance with Rules of Engagement. A condolence payment was authorized, but the command had been unable to find the mother-in-law to make the payment because she had moved. The letter requests the family inform the Army of her current location so payment could be made. |
| Army Bates 33865-33916 | Army | 12/9/2005 - 1/12/2008 | Iraq | This file contains “screenshots from the 3-101 ABN Foreign Claims database. These screenshots database entries meeting the search parameters of the ACLU FOIA request for information about civilian deaths by US Forces in Iraq.” The file contains a total of 42 screenshots, each of which documents a claim by Iraqi civilians for compensation under the Foreign Claims Act. The claims are the following: 1. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $7,640. Claim arose on August 27, 2007, in Al Swaib 17, Baghdad, Iraq, and a claim was filed on October 5, 2007. The description of the incident is as follows: “The claimant alleges US Forces caused damages to her home during a raid. The claimant also alleges US Forces killed her husband during the same raid.” The FCA claim was approved in the amount of $7,500. No condolence payment was recommended or paid. The file was then closed. 2. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $5,000.00. Claim arose on July 19, 2007, in Baghdad, Iraq, and a claim was filed on October 29, 2007. The description of the incident is as follows: “The claimant alleges that CF entered her house, destroying the furniture, windows, and doors. She also claims that they stole money, killed her husband, and arrested her two sons.” The FCA claim was approved in the amount of $5,000.00. No condolence payment was recommended or paid. The file was then closed. 3. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $5,000.00. Claim arose on January 16, 2007, in Baghdad, Iraq, and a claim was filed on December 19, 2007. The description of the incident is as follows: “The claimant alleges that CF shot and killed her husband while he was driving.” The FCA claim was approved in the amount of $5,000.00. No condolence payment was recommended or paid. The file was then closed. 4. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $15,000.00. Claim arose on September 17, 2007, in Baghdad, Iraq, and a claim was filed on December 15, 2007. The description of the incident is as follows: “The claimant alleges that CF raided her house, and killed her husband. She also claims that CF damaged her house during the raid.” A condolence payment was recommended and paid in the amount of $1,000.00. The claim was not appealed. The file was then closed. 5. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $7,200.00. Claim arose on September 17, 2007, in Baghdad, Iraq, and a claim was filed on December 15, 2007. The description of the incident is as follows: “The claimant alleges that CF raided his house and killed his son.” The FCA claim was approved in the amount of $1,000.00. No condolence payment was recommended or paid. The claim was not appealed. The file was then closed. 6. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $15,000.00. Claim arose on March 9, 2006, in Baghdad, Iraq, and a claim was filed on December 15, 2007. The description of the incident is as follows: “the claimant alleges that CF raided her house, killed her husband, and broke her doors, furniture, and windows.” The FCA claim was approved in the amount of $1,000.00. No condolence payment was recommended or paid. The claim was not appealed. The file was then closed. 7. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $6,000.00. Claim arose on September 19, 2007, in Baghdad, Iraq, and a claim was filed on December 15, 2007. The description of the incident is as follows: “The claimant alleges that a stray CF bullet killed her husband.” The FCA claim was approved in the amount of $1,000.00. No condolence payment was recommended or paid. The claim was not appealed. The file was then closed. 8. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $2,500.00. Claim arose on September 17, 2007, in Baghdad, Iraq, and a claim was filed on December 15, 2007. The description of the incident is as follows: “The claimant alleges that CF raided her house, and killed her son.” The FCA claim was approved in the amount of $1,000.00. No condolence payment was recommended or paid. The claim was not appealed. The file was then closed. 9. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $15,000.00. Claim arose on July 10, 2007, in Baghdad, Iraq, and a claim was filed on December 12, 2007. The description of the incident is as follows: “The claimant alleges that a CF air strike killed her husband, wounded her son, damaged her home, burned her car, and killed her cow.” The FCA claim was approved in the amount of $15,000.00. No condolence payment was recommended or paid. The claim was not appealed. The file was then closed. 10. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $2,500.00. Claim arose on December 9, 2005, in Shanghai, and a claim was filed on December 12, 2007. The description of the incident is as follows: “The claimant alleges that a U.S. helicopter shot and killed his son.” A condolence payment was recommended and paid in the amount of $2,500. The claim was not appealed. The file was then closed. 11. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $2,500.00. Claim arose in Shanghai, and a claim was filed on December 17, 2007. The description of the incident is as follows: “The claimant alleges that CF shot and killed his son.” A condolence payment was recommended and paid in the amount of $2,500. The claim was not appealed. The file was then closed. 12. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $500.00. Claim arose on December 27, 2006, in Shanghai, and a claim was filed on December 17, 2007. The description of the incident is as follows: “The claimant alleges that CF shot and killed his daughter, and wounded his other daughter.” The FCA claim was approved in the amount of $500.00. No condolence payment was recommended or paid. The claim was not appealed. The file was then closed. 13. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $15,000.00. Claim arose on June 15, 2007, in Baghdad, Iraq and a claim was filed on November 7, 2007. The description of the incident is as follows: “The claimant alleges that U.S. aircraft bombed his house destroying it, injuring his wife and daughter, and killed his son.” The FCA claim was approved in the amount of $15,000.00. No condolence payment was recommended or paid. The claim was not appealed. The file was then closed. 14. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $5,000.00. Claim arose on August 27, 2007, in Baghdad, Iraq and a claim was filed on January 2, 2008. The description of the incident is as follows: “The claimant alleges that CF and IA were engaging AIF, and when her son was running away from the area he was shot and killed by a helicopter.” The FCA claim was approved in the amount of $5,000.00. No condolence payment was recommended or paid. The claim was not appealed. The file was then closed. 15. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $5,000.00. Claim arose on February 25, 2006, in Baghdad, Iraq and a claim was filed on December 16, 2007. The description of the incident is as follows: “The claimant alleges that CF gunfire killed her son while he was on his way to school”. The FCA claim was approved in the amount of $5,000.00. No condolence payment was recommended or paid. The claim was not appealed. The file was then closed. 16. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $10,000.00. Claim arose on January 2, 2007, in Baghdad, Iraq and a claim was filed on December 1, 2007. The description of the incident is as follows: “The claimant alleges that her husband and son were killed by random CF gunfire.” The FCA claim was approved in the amount of $10,000.00. No condolence payment was recommended or paid. The claim was not appealed. The file was then closed. 17. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $3,000.00. Claim arose on January 12, 2008, in Baghdad, Iraq and a claim was filed on January 12, 2008. The description of the incident is as follows: “The claimant alleges that a CF convoy fired warning shots into the funeral procession he was in and killed his sister.” The FCA claim was denied on the basis that “lack of evidence – there is not enough evidence to prove that the proximate”. A condolence payment was recommended and paid in the amount of $3,000.00. The claim was not appealed. The file was then closed. 18. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $3,200.00. Claim arose on September 11, 2007, in Baghdad, Iraq and a claim was filed on December 5, 2007. The description of the incident is as follows: “The claimant alleges that a CF raided his house, broke his windows and doors, shot and killed his father, and wounded him.” The FCA claim was approved in the amount of $1,000.00. No condolence payment was recommended or paid. The claim was not appealed. The file was then closed. 19. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $4,000.00. Claim arose on October 17, 2007, in Baghdad, Iraq and a claim was filed on December 9, 2007. The description of the incident is as follows: “The claimant alleges that CF raided his house, killed his father, transported him naked to the confinement facility, and beat him for three days.” The FCA claim was approved in the amount of $1,000.00. No condolence payment was recommended or paid. The claim was not appealed. The file was then closed. 20. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $8,800.00. Claim arose on September 17, 2007, in Baghdad, Iraq and a claim was filed on December 9, 2007. The description of the incident is as follows: “The claimant alleges that, while CF were raiding a house near hers, helicopters opened fire in the area and killed her son, who was sleeping on the roof. Then her house was raided and her windows, furniture, and doors were broken and she was injured by a grenade thrown into her house.” The FCA claim was approved in the amount of $1,700.00. No condolence payment was recommended or paid. The claim was not appealed. The file was then closed. 21. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $5,000.00. Claim arose on May 25, 2006, in Baghdad, Iraq and a claim was filed on January 22, 2008. The description of the incident is as follows: “The claimant alleges that a CF mortar hit his house and killed one of his daughters and wounded another.” The FCA claim was approved in the amount of $5,000.00. No condolence payment was recommended or paid. The claim was not appealed. The file was then closed. 22. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $1,500.00. Claim arose on April 24, 2006, in Baghdad, Iraq and a claim was filed on December 9, 2007. The description of the incident is as follows: “The claimant alleges that his brother was killed and his car was damaged when CF was engaged in a firefight.” The FCA claim was approved in the amount of $1,500.00. No condolence payment was recommended or paid. The claim was not appealed. The file was then closed. 23. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $11,200.00. Claim arose on July 20, 2007, in Baghdad, Iraq and a claim was filed on December 5, 2007. The description of the incident is as follows: “The claimant alleges that CF raided his home and killed his two sons.” The FCA claim was approved in the amount of $2,000.00. No condolence payment was recommended or paid. The claim was not appealed. The file was then closed. 24. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $5,000.00. Claim arose on June 18, 2007, in Baghdad, Iraq and a claim was filed on December 5, 2007. The description of the incident is as follows: “The claimant alleges that CF conducted a raid in the area and her husband was shot and killed during the raid.” The FCA claim was approved in the amount of $1,000.00. No condolence payment was recommended or paid. The claim was not appealed. The file was then closed. 25. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $2,500.00. Claim arose on November 6, 2007, in Baghdad, Iraq and a claim was filed on January 21, 2008. The description of the incident is as follows: “The claimant alleges that CF raided his home and killed his two sons” The FCA claim was denied on the basis of “there is not enough evidence to prove that the proximate cause of your”. A condolence payment was recommended and paid in the amount of $2,500. The claim was not appealed. The file was then closed. 26. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $2,500.00. Claim arose on May 15, 2006, in Baghdad, Iraq and a claim was filed on January 21, 2008. The description of the incident is as follows: “The claimant alleges that CF accidentally shot and killed his son.” A condolence payment was recommended and paid in the amount of $2,500. The claim was not appealed. The file was then closed. 27. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $5,000.00. Claim arose on June 14, 2007, in Baghdad, Iraq and a claim was filed on January 21, 2008. The description of the incident is as follows: “The claimant alleges that AIF shot and killed his brother and cousin.” The FCA claim was denied on the basis that “there is not enough evidence to prove that the proximate cause of your”. The FCA Condolence payment was recommended and paid in the amount of $5,000. The claim was not appealed. The file was then closed. 28. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $2,500.00. Claim arose on May 5, 2007, in Baghdad, Iraq and a claim was filed on January 21, 2008. The description of the incident is as follows: “The claimant alleges that CF helicopters shot and killed his son while he was on the farm tending to crops.” A condolence payment was recommended and paid in the amount of $2,500. The claim was not appealed. The file was then closed. 29. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $7,200.00. Claim arose on September 17, 2007, in Baghdad, Iraq and a claim was filed on December 9, 2007. The description of the incident is as follows: “The claimant alleges that CF raided the area and one of his sons was killed during a firefight and another son was wounded. His furniture, doors, and windows were also damaged during the raid.” The FCA claim was approved in the amount of $1,500.00. No condolence payment was recommended or paid. The claim was not appealed. The file was then closed. 30. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $20,000.00. Claim arose on August 29, 2007, in Baghdad, Iraq and a claim was filed on January 15, 2008. The description of the incident is as follows: “The claimant alleges that a CF helicopter fired at his and killed six children and destroyed his house and tractor.” A condolence payment was recommended and paid in the amount of $20,000. The claim was not appealed. The file was then closed. 31. Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claim arose on August 29, 2007, in Baghdad, Iraq and a claim was filed on January 15, 2008. The description of the incident is as follows: “The claimant alleges that a CF helicopter shot at his house and killed five of his relatives and destroyed his house and car.” A condolence payment was recommended and paid in the amount of $15,000. The claim was not appealed. The file was then closed. 32. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $8,000.00. Claim arose on July 13, 2006, in Baghdad, Iraq and a claim was filed on February 17, 2008. The description of the incident is as follows: “The claimant alleges her daughter and granddaughter were shot and killed by CF while they were driving on the highway.” The FCA claim was approved in the amount of $6,000.00. No condolence payment was recommended or paid. The claim was not appealed. The file was then closed. 33. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $7,000.00. Claim arose on May 8, 2006, in Baghdad, Iraq and a claim was filed on February 17, 2008. The description of the incident is as follows: “The claimant alleges that CF shot and killed his two brothers while they were fishing in the river.” The FCA claim was approved in the amount of $5,000.00. No condolence payment was recommended or paid. The claim was not appealed. The file was then closed. 34. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $1,000.00. Claim arose on March 1, 2006, in Baghdad, Iraq and a claim was filed on February 17, 2008. The description of the incident is as follows: “The claimant alleges that CF raided her home and killed her son while he was running away.” The FCA claim was approved in the amount of $1,000.00. No condolence payment was recommended or paid. The claim was not appealed. The file was then closed. 35. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $10,000.00. Claim arose on November 3, 2006, in Baghdad, Iraq and a claim was filed on February 24, 2008. The description of the incident is as follows: “The claimant alleges that her husband was helping CF when AQI attacked their patrol. She claims that her husband was killed as a result of the firefight.” The FCA claim was approved in the amount of $5,000.00. No condolence payment was recommended or paid. The claim was not appealed. The file was then closed. 36. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $6,000.00. Claim arose on August 5, 2007, in Baghdad, Iraq and a claim was filed on February 24, 2008. The description of the incident is as follows: “The claimant alleges that CF was engaging in AIF with SAF and her son was killed from a stray bullet.” The FCA claim was approved in the amount of $5,000.00. No condolence payment was recommended or paid. The claim was not appealed. The file was then closed. 37. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $5,000.00. Claim arose on February 13, 2007, in Baghdad, Iraq and a claim was filed on February 24, 2008. The description of the incident is as follows: “The claimant alleges that his son was killed from a stray bullet while CF and AIF were in a firefight.” The FCA claim was approved in the amount of $1,500.00. No condolence payment was recommended or paid. The claim was not appealed. The file was then closed. 38. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $15,000.00. Claim arose on December 25, 2007, in Baghdad, Iraq and a claim was filed on January 8, 2008. The description of the incident is as follows: “The claimant alleges that AIF attacked CF. During the ensuing engagement, the claimant’s house was destroyed and her son was killed.” The FCA claim was approved in the amount of $15,000.00. No condolence payment was recommended or paid. The claim was not appealed. The file was then closed. 39. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $2,500.00. Claim arose on November 18, 2006, in Baghdad, Iraq and a claim was filed on December 17, 2007. The description of the incident is as follows: “The claimant alleges that while her husband was walking to work, CF shot and killed him.” The FCA claim was approved in the amount of $2,500.00. No condolence payment was recommended or paid. The claim was not appealed. The file was then closed. 40. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $15,000.00. Claim arose on December 7, 2007, in Baghdad, Iraq and a claim was filed on December 27, 2007. The description of the incident is as follows: “The claimant alleges that a U.S. airstrike killed her four sons when they were trying to help their neighbor.” The FCA claim was approved in the amount of $10,000.00. No condolence payment was recommended or paid. The claim was not appealed. The file was then closed. 41. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $2,500.00. Claim arose on July 15, 2006, in Baghdad, Iraq and a claim was filed on January 22, 2008. The description of the incident is as follows: “The claimant alleges that CF killed her son while he was farming.” The FCA claim was approved in the amount of $2,500.00. No condolence payment was recommended or paid. The claim was not appealed. The file was then closed. 42. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $4,500.00. Claim arose on April 7, 2007, in Mahmudiya, Iraq and a claim was filed on August 1, 2008. The description of the incident is as follows: “The claimant alleges that CF killed his brother during a conflict with AQIZ.” The FCA claim was denied on the basis that “combat activity – the proximate cause of your damages is combat activity. No condolence payment was recommended or paid. The claim was not appealed. The file was then closed. |
| Army Bates 33917-33952 | Army | 03/02/2005 - 03/27/2008 | Iraq | This file is a continuation of the file 33865-33916, which contains “screenshots from the 3-101 ABN Foreign Claims database. These screenshots database entries meeting the search parameters of the ACLU FOIA request for information about civilian deaths by US Forces in Iraq.” The file contains an additional 25 screenshots, each of which documents a claim by Iraqi civilians for compensation under the Foreign Claims Act. The claims are the following: 1. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $2,500. Claim arose on July 6, 2007, in Mahmudiyah, Iraq, and a claim was submitted on August 20, 2008. The description of the incident is as follows: “The claimant alleges that his son was killed by a CF helicopter.” The FCA claim was denied on the basis that “combat activity – the proximate cause of your damages is combat activity.” The claim was not appealed. The claim was thus denied and closed. 2. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $3,000. Claim arose on February 14, 2006, in Mahmudiyah, Iraq, and a claim was submitted on August 20, 2008. The description of the incident is as follows: “The claimant alleges that CF shot and killed her husband than transported him to the MMD hospital, put him in a body bag, and gave his body to the claimant.” The FCA claim was denied on the basis that “combat activity – the proximate cause of your damages is combat activity.” The claim was not appealed. The claim was thus denied and closed. 3. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $2,500. Claim arose on July 19, 2007, in Mahmudiyah, Iraq, and a claim was submitted on June 12, 2008. The description of the incident is as follows: “The claimant alleges that her husband was shot and killed by CF.” The FCA claim was denied on the basis that “statute of limitations – claim over two years old”. The claim was appealed. The result of the appeal was denied. The FCA Condolence payment was recommended and paid in the amount of $2,500. The claim was thus closed. 4. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $5,000. Claim arose on September 19, 2007, in Mahmudiyah, Iraq, and a claim was submitted on August 17, 2008. The description of the incident is as follows: “The claimant alleges that her husband and her son were killed in CF SAF.” The FCA claim was denied on the basis that “combat activity – the proximate cause of your claim is combat activity”. The claim was appealed. The result of the appeal was denied and closed. The FCA Condolence payment was recommended and paid in the amount of $5,000. The claim was thus closed. 5. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $14,500. Claim arose on September 22, 2006, in Baghdad, Abogreb, Iraq, and a claim was submitted on August 8, 2008. The description of the incident is as follows: “The claimant states the US Army and Iraqi Army raided her house and killed her husband Tariq Faza and confiscated 4 cell phones and money cash amount of $6,400.” It is not clear whether the claim was denied but the screenshot shows that “$0.00” was paid out. However, the “status” field states “closed – condolence paid.” Not clear if claim was appealed. 6. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $2,500. Claim arose on July 27, 2007, in Baghdad, Iraq, and a claim was submitted on March 27, 2008. The description of the incident is as follows: “The claimant alleges that AIF killed his son while he was assisting the CLC.” The FCA Condolence payment was recommended and paid in the amount of $2,500. The claim was not appealed. The claim was thus closed. 7. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $5,000. The date of the incident is not stated, in Baghdad, Iraq, and a claim was submitted on March 27, 2008. The description of the incident is as follows: “The claimant alleges that CF shot and killed her son.” The claim was paid as a condolence in the amount of $5,000. The claim was not appealed. The claim was thus closed. 8. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $2,500. Claim arose on April 15, 2007, in Baghdad, Iraq, and a claim was submitted on March 24, 2008. The description of the incident is as follows: “The claimant alleges that AQIZ was shooting at a patrol base and when CF returned fire, his wife was killed.” The FCA Condolence payment was recommended and paid in the amount of $2,500. The claim was not appealed. The claim was thus closed. 9. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $0. Claim arose on April 2, 2006, in Baghdad, Iraq, and a claim was submitted on March 24, 2008. The description of the incident is as follows: “The claimant alleges that an IED detonated in the area. CF began shooting in the direction of the blast and her husband was shot and killed.” The FCA Condolence payment was recommended and paid in the amount of $2,500. The claim was not appealed. The claim was thus closed. 10. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $1,000. Claim arose on April 23, 2007, in Baghdad, Iraq, and a claim was submitted on March 30, 2008. The description of the incident is as follows: “The claimant alleges that her son was shopping in the market and a fight broke out between CF and AQIZ, resulting in her son being shot and killed. She also claims that mortars damaged her house.” The FCA claim was approved in the amount of $1,000. No condolence payment was recommended or paid. The claim was not appealed. The claim was thus paid and closed. 11. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $10,000. Claim arose on May 13, 2007, in Baghdad, Iraq, and a claim was submitted on April 24, 2008. The description of the incident is as follows: “The claimant alleges that a CF sniper in a guard tower at Checkpoint 162 accidentally shot his brother in the stomach and killed him.” The FCA claim was approved in the amount of $10,000. No condolence payment was recommended or paid. The claim was not appealed. The claim was thus paid and closed. 12. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $7,190. Claim arose on February 22, 2007, in Baghdad, Iraq, and a claim was submitted on March 8, 2008. The description of the incident is as follows: “The claimant alleges that her husband was shot and killed during an engagement between CF and AQIZ and his car was burned.” The FCA claim was approved in the amount of $5,000. No condolence payment was recommended or paid. The claim was not appealed. The claim was thus paid and closed. 13. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $2,500. Claim arose on September 15, 2006, in Mahmudiyah, Iraq, and a claim was submitted on March 18, 2008. The description of the incident is as follows: “The claimant alleges that CF shot and killed her husband during a firefight.” The FCA claim was approved in the amount of $2,500. No condolence payment was recommended or paid. The claim was not appealed. The claim was thus paid and closed. 14. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $2,500. Claim arose on August 21, 2006, in Mahmudiyah, Iraq, and a claim was submitted on March 8, 2008. The description of the incident is as follows: “The claimant alleges CF shot and killed her husband.” There is some confusion in this claim as it states that the FCA claim was approved in the amount of $2,500 but then also lists a reason for denial and states that the claim was not paid as a condolence payment. The claim was appealed. The result of the appeal was denied for: “Lack of evidence – there is not enough evidence to prove the proximate. The result of the appeal was approved. The claim is thus pending payment. 15. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $2,500. Claim arose on March 2, 2005, in Mahmudiyah, Iraq, and a claim was submitted on March 16, 2008. The description of the incident is as follows: “The claimant alleges a CF airstrike killed her 5 year old son.” The FCA claim was denied on the basis that “lack of evidence – there is not enough evidence to prove that the proximate”. A condolence payment was recommended and paid in the amount of $2,500. The claim was not appealed. The claim was thus denied and closed. 16. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $5,000. Claim arose on April 12, 2007, in Baghdad, Iraq, and a claim was submitted on April 19, 2008. The description of the incident is as follows: “The claimant alleges that CF was in a firefight with AQIZ and a stray bullet killed his father.” The FCA claim was approved in the amount of $5,000. No condolence payment was recommended or paid. The claim was not appealed. The claim was thus paid and closed. 17. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $5,000. Claim arose on March 17, 2007, in Baghdad, Iraq, and a claim was submitted on March 4, 2008. The description of the incident is as follows: “The claimant alleges that CF opened fire and killed his wife.” The FCA claim was approved in the amount of $1,500. No condolence payment was recommended or paid. The claim was not appealed. The claim was thus paid and closed. 18. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $5,000. Claim arose on November 18, 2006, in Yusifiyah, Iraq, and a claim was submitted on May 1, 2008. The description of the incident is as follows: “The claimant alleges that CF shot and killed her husband.” There is some confusion in this claim as it states that the FCA claim was approved in the amount of $2,000 and that the claim was not paid as a condolence payment, and then the status field states “closed – denied.” 19. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $2,500. Claim arose on May 14, 2006, in Baghdad, Iraq, and a claim was submitted on April 23, 2008. The description of the incident is as follows: “The claimant alleges that accidentally shot and killed her husband”. The FCA claim was approved in the amount of $2,500. No condolence payment was recommended or paid. The claim was not appealed. The claim was thus paid and closed. 20. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $3,000. Claim arose on September 17, 2007, in Baghdad, Iraq, and a claim was submitted on April 22, 2008. The description of the incident is as follows: “The claimant alleges that a CF helicopter killed his daughter”. The FCA claim was approved in the amount of $2,000. No condolence payment was recommended or paid. The claim was not appealed. The claim was thus paid and closed. 21. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $5,000. Claim arose on November 17, 2007, in Baghdad, Iraq, and a claim was submitted on February 11, 2008. The description of the incident is as follows: “The claimant alleges that CF killed his son while he was going to work”. The FCA claim was approved in the amount of $5,000. No condolence payment was recommended or paid. The claim was not appealed. The claim was thus paid and closed. 22. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $10,000. Claim arose on October 15, 2006, in Baghdad, Iraq, and a claim was submitted on May 13, 2008. The description of the incident is as follows: “The claimant alleges that CF shot at his truck and killed his father”. The FCA claim was approved in the amount of $10,000. No condolence payment was recommended or paid. The claim was not appealed. The claim was thus paid and closed. 23. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $2,500. Claim arose on December 20, 2005, in Baghdad, Iraq, and a claim was submitted on May 6, 2008. The description of the incident is as follows: “The claimant alleges that CF accidentally shot and killed his father while he was driving his brother to the hospital”. The FCA claim was denied on the basis that “lack of evidence – there is not enough evidence to prove the proximate”. The claim was not appealed. The FCA Condolence payment was recommended and paid in the amount of $2,500. The claim was thus denied and closed. 24. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $5,000. Claim arose on September 5, 2006, in Baghdad, Iraq, and a claim was submitted on May 6, 2008. The description of the incident is as follows: “The claimant alleges that CF accidentally killed her husband and shot her bus”. The FCA claim was approved in the amount of $5,000. No condolence payment was recommended or paid. The claim was not appealed. The claim was thus paid and closed. 25. Claim by Iraqi civilian for compensation under the Foreign Claims Act for $13,000. Claim arose on December 2, 2007, in Baghdad, Iraq, and a claim was submitted on March 6, 2008. The description of the incident is as follows: “The claimant alleges that a CF convoy ran into his vehicle while he was driving and killed his son”. The FCA claim was approved in the amount of $13,000. No condolence payment was recommended or paid. The claim was not appealed. The claim was thus paid and closed. |
| Army Bates 33953-33953 | Army | undated | unspecified | One page from an Army 15-6 investigation. Only thing that can be gleaned is that the reviewing Brigadier General approves the findings and recommendations (not included in the document), except for the recommendations regarding patrol requirements and tactics, techniques, and procedures (TTPs). He remands the the brigade to take appropriate action regarding patrol requirements and TTPs. |
| Army Bates 33954-33954 | Army | undated | unspecified | One page from an Army 15-6 investigation. Only thing that can be gleaned is that the reviewing Brigadier General approves the finding of the brigade commander (not included in the document). |
| Army Bates 33955-33987 | Army | 06/21/06 | Baghdad, Iraq | This file is composed of an Army 15-6 investigation into an incident in Iraq. Serious Incident Report regarding the explosion of a vehicle at a cordoned-off detonated Improvised Explosive Device site. Patrol was driving by when the IED detonated, and no note of whether casualties occurred. While in the process of setting up the cordon, and after cones had been placed but before the patrol had a chance to put out wire or signs, the patrol noticed a white and orange taxi speeding toward them. The patrol used hand and arm signals, shouting, and jumping up and down to get the vehicle to stop and to signal Escalation of Force, but the taxi continued speeding toward them. The patrol fired warning shots at the ground in front of the approaching speeding vehicle, and then fired into the grill to disable it. The vehicle did not reduce speed despite warning shots, visual signals, and the traffic cones. The patrol then assumed the vehicle was a Vehicle Born Improvised Explosive Devise and the sergeant ordered the gunner to engage lethal fire, as earlier in the day intelligence had specified that a VBIED in the form of an orange and white taxi would target coalition forces. The taxi then hit a stationary bus and the driver was killed. Because the patrol assumed the taxi was an VBIED, EOD was called to the scene and the vehicle was blown up. It was later determined that the taxi was not a VBIED. |
| Army Bates 33988-34027 | Army | 06/21/06 | Baghdad, Iraq | This file is composed of additional items from the Army 15-6 investigation relating to 33955-33987. These are sworn statements from patrol members who were present at the June 21, 2006, incident. A majority of the information is redacted due to both illegible text and (b)(2) FOIA exemptions. |
| Army Bates 34028-34067 | Army | 06/21/06 | Baghdad, Iraq | This file is composed of additional items from the Army 15-6 investigation relating to 33955-33987. More statements from those present at the incident described in 33955-33987 and 33988-34027. Includes the spot report referenced in many of the statements that warned three Vehicle Born Improvised Explosive Devices located in Abu Dashir were thought to be targeting US Forces. The majority of the documents are redacted for illegibility and FOIA exemptions. |
| Army Bates 34068-34095 | Army | 06/21/06 | Baghdad, Iraq | This file is composed of additional items from the Army 15-6 investigation relating to 33955-33987. Photographs of the incident. |
| Army Bates 34096-34096 | Army | undated | unspecified | One page from an Army 15-6 investigation. Only thing that can be gleaned is that the reviewing Brigadier General approves the finding of the brigade commander except in one respect - which is redacted - and remands. |
| Army Bates 34097-34097 | Army | 07/11/06 | unspecified | One page from an Army 15-6 investigation. Only thing that can be gleaned is that the page is stamped "11 Jul 2006" but the date of the incident is not indicated. Indicates that after the incident, the Platoon Leader decided to take the entire patrol to the nearest National Police checkpoint to bring the NP back to the scene, because after the recent abduction of the "2/101 Soldiers," he decided not to leave a lone vehicle at the site. When the patrol returned to the site, the body of a local national had been removed from the scene (the page does not indicate how the national was killed.) The signing Brigadier General indicates that if the family of the deceased was ever identified, they would consider a foreign claim act or a condolence payment for the death. |
| Army Bates 34098-34114 | Army | 06/21/06 | Baghdad, Iraq | This file is composed of additional items from the Army 15-6 investigation relating to 33955-33987. Further memoranda on the June 21, 2007, incident. Includes a timeline and more photographs. |
| Army Bates 34115-34172 | Army | 01/11/06 | Baghdad, Iraq | This file is composed of an Army 15-6 investigation relating to the killing of an Iraqi civilian. Patrol was conducting a search of a possible Improvised Explosive Device at a traffic circle and had set up a checkpoint. A van swerved past a stopped car and through the checkpoint. Patrol gave verbal warning but the van did not slow. One sergeant fired warning shots. The vehicle did not slow, and another sergeant fired disabling shots at the grill and tires of the van. The vehicle still did not slow, and the sergeant fired kill shots, killing the driver and passenger. Patrol believed the van was a possible Vehicle Born Improvised Explosive Device. |
| Army Bates 34173-34182 | Army | 01/29/06 | Baghdad, Iraq | This file is composed of an Army 15-6 investigation relating to the killing of an Iraqi civilian. Patrol had set up a road block to investigate a possible Vehicle Born Improvised Explosive Devise. A man drove his vehicle through the roadblock, ignoring flashing lights, and the shouts to stop of the patrol's interpreter on a bullhorn. Warning shots were fired, which the man also ignored. The right tire of the vehicle was hit by a gunshot, and the vehicle kept driving. At that point, more shots were fired into the cab of the vehicle. The driver's head was just grazed by a bullet, but the passenger was killed. Afterwards, the vehicle was found to not be a VBIED or a threat. |
| Army Bates 34183-34195 | Army | 01/29/06 | Baghdad, Iraq | This file is composed of additional items from the Army 15-6 investigation relating to 34173-34182. Includes an Special Incident Report, more sworn statements by patrol members. |
| Army Bates 34196-34202 | Army | 01/29/06 | Baghdad, Iraq | This file is composed of additional items from the Army 15-6 investigation relating to 33955-33987. Includes on-site photographs. |
| Army Bates 34203-34214 | Army | 08/11/07 | Baghdad, Iraq | This file is composed of an Army 15-6 investigation into the wounding of an Iraqi civilian. Two US Forces' platoons were conducting a search of an area which contained a suspected Improvised Explosive Devise. Platoon members observed a car speeding towards them, in spite of the blockade and warning lights. Warning shots were fired into the grill of the car, but it did not stop. More shots were fired at the car. The car stopped, the driver got out and collapsed. While other platoon members conducted security on the other passengers in the vehicle, the medic administered aid to the wounded driver. He then was transported to a hospital, where the medic did a medical hand-off to the doctors there. |
| Army Bates 34215-34229 | Army | 01/11/07 | Baghdad, Iraq | This file is composed of an Army 15-6 investigation into the killing of Iraqi civilian. At night, a US Forces' four-vehicle patrol was stopped in front of a house where an Improvised Explosive Devise trigger device had been found earlier, and the patrol leader was speaking with the family inside. Florescent lights lined the street, making the patrol visible to traffic. A van without headlights illuminated traveled directly towards one of the patrol vehicles. A sergeant tried to get the driver's attention, but the vehicle continued driving towards him. The sergeant then fired warning shots at the van, which then accelerated. He then fired directly at the driver, the van slammed into the patrol vehicle and stopped. The van was later found to not be a Vehicle Born Improvised Explosive Devise and the driver was unarmed. The driver was fatally wounded by the gunfire. There was a "fossel" payment later made to the driver's son and wife. |
| Army Bates 34230-34240 | Army | 01/11/07 | Baghdad, Iraq | This file is composed of additional items from the Army 15-6 investigation relating to 34215-34229, and includes sworn statements of patrol members involved in the incident. |
| Army Bates 34241-34260 | Army | 04/12/07 | Baghdad, Iraq | This file is composed of an Army 15-6 investigation into the killing and wounding of Iraqi civilians. During a combat patrol four local nationals were killed and two were wounded. While investigating a possibly Vehicle Born Improvised Explosive Devise, the patrol established "hasty" traffic control points (TCPs). A car matching the description of the possible VBIED approached the patrol. The patrol attempted to use lights to alert the vehicle, to no effect. The patrol then fired warning shots, to no effect. A second series of warning shots was fired with no effect, and the vehicle maintained a consistent speed. The patrol then directed machine gun fire at the engine block in order to disable the vehicle; when that did not have an effect, lethal force was used. The vehicle then crashed. At that point, the patrol was engaged by small arms fire from buildings surrounding the area. Once the fire subsided, the patrol went to assess the casualties in the vehicle. Subsequent investigations determined the patrol acted appropriately, but that US Forces should work more extensively with local leaders on military vehicle recognition and procedure. |
| Army Bates 34261-34283 | Army | 04/12/07 | Baghdad, Iraq | This file is composed of additional items from the Army 15-6 investigation relating to 34241-34260, and includes sworn statements from patrol members. The Iraqi civilians who died included a man, boy, woman, and girl. The two wounded were women. A small male child was also in the vehicle, and was uninjured. |
| Army Bates 34284-34307 | Army | 04/12/07 | Baghdad, Iraq | This file is composed of additional items from the Army 15-6 investigation relating to 34241-34260, and includes sworn statements from patrol members. |
| Army Bates 34308-34336 | Army | 12/14/06 | Ramadi, Iraq | This file is composed of an Army 15-6 investigation relating to the killing of an Iraqi civilian and the wounding of an Iraqi civilian. A US Forces' patrol was in a residential area, attempting to take photographs of an earlier incident involving an Improvised Explosive Devise. Two men walked out of a nearby building towards the US Forces, and an Iraqi Army (IA) soldier who was assisting in the mission shouted at the local nationals to stop. The two men continued walking towards the US Forces and IA soldier. The IA soldier fired two warning shots to the left of the two men, who continued walking towards them. Because it was dark, the soldiers could not see the men well, and one lifted his hand over his head, as if he had a possible weapon. The US soldiers then fired at the men. One man was killed, one man was wounded. |
| Army Bates 34337-34353 | Army | 07/16/07 | Baghdad, Iraq | This file is composed of an Army 15-6 investigation into the killing of Iraqi civilians. A presence patrol was being conducted by US Forces. A vehicle was traveling north, away from the patrol. It then came to a quick stop, and started to drive backwards towards the patrol at a high rate of speed. One warning shot was fired, and the vehicle halted. Two young females inside had been hit. They were taken to a hospital, where one girl was pronounced dead on arrival. The other girl was kept overnight. Investigation found that the soldiers acted appropriately in their Escalation of Force. A condolence payment of $2,500 per incident, for a total of $5,000, was approved. |
| Army Bates 34354-34374 | Army | 07/16/07 | Baghdad, Iraq | This file is composed of additional items from the Army 15-6 investigation relating to 34337-34353, and includes sworn statements and photographs. |
| Army Bates 34375-34390 | Army | 7/18/32007 | Baghdad, Iraq | This file is composed of parts of an Army 15-6 investigation into the killing of an Iraqi civilian. Army review finds that the death of a male Iraqi civilian because of a bullet to the head warrants compensation. No effort has been made to compensate the family of the deceased because his identity is unknown. According to the Army review, a vehicle was aggressively driving towards their position. In an attempt to stop the vehicle, warning shots were fired at the bumper of the vehicle. However the vehicle increased its speed and the gunner was given permission to use "disabling shots." The Army Review notes that in many Escalation of Force engagements local citizens claim that the driver of the vehicle panicked when fired upon. According to the Army review, this explains the acceleration and erratic driving and the panicked driving is interpreted by soldiers as a hostile act or display of hostile intent. |
| Army Bates 34391-34404 | Army | 07/18/07 | Baghdad, Iraq | This file is composed of additional parts of the Army 15-6 investigation into the killing of Iraqi civilian relating to 34375-34390. File includes the Serious Incident Report and witness statements. There is no new relevant information in this file. |
| Army Bates 34405-34424 | Army | 02/20/07 | Al Shulla, Iraq | This file is composed of an Army 15-6 investigation into the killing of an Iraqi civilian. According to an Army memorandum, US Forces soldiers fired at an oncoming car when it refused to heed warning shots and hand signals to stop. The multiple gunshots resulted in the death of the driver of the car, an Iraqi national, and disabled the vehicle. Further a young Iraqi boy was wounded. He sustained two gunshots to his left leg and his right leg was grazed by a bullet. The boy's grandfather brought him to the soldiers who administered first aid and then proceeded to CASEVAC the two to FOB Liberty TMC. Not clear whether compensation granted. |
| Army Bates 34425-34446 | Army | 02/20/07 | Al Shulla, Iraq | This file is composed of additional parts of the Army 15-6 investigation into the killing of an Iraqi civilian relating to 34405-34424. Includes a compilation of reports from soldiers that reiterate the incident. There no new relevant information in this file. |
| Army Bates 34447-34460 | Army | 01/21/08 | FOB Loyalty Baghdad, Iraq | This file is composed of an Army 15-6 investigation into the killing of an Iraqi civilian. A male Iraqi civilian was witnessed leaving a bag (about the size of a duffel bag) emitting a heat signature in an Improvised Explosive Device hot after curfew hours. Upon the consensus of the soldiers in charge, the use of deadly force was authorized as the Iraqi civilian had engaged in behavior consistent with someone who was exhibiting hostile intentions. The civilian was killed as a result of the multiple gunshots fired at him. Upon securing the location, the soldiers were able to identify the civilian using a picture identification found in his wallet. The bag that was suspected to be holding an explosive device was only holding metal cans. According to this Army Memorandum, the civilian's loss of life should not be compensated because he was breaking the curfew and his activities were "questionable at the very least." |
| Army Bates 34461-34475 | Army | 01/22/08 | FOB Loyalty Baghdad, Iraq | This file is composed of additional parts of the Army 15-6 investigation into the killing of an Iraqi civilian relating to 34447-34460 and contains witness statements, and determines that the US Forces soldiers actions were in accordance with the Rules of Engagement. |
| Army Bates 34476-34492 | Army | 04/15/07 | Hurriya JSS Baghdad, Iraq | This file is composed of an Army 15-6 investigation relating to the killing of an Iraqi civilian. During a patrol, a US Forces' company commander saw who believed to be a man suspected of robbery, kidnapping, extrajudicial killings and supplying/emplacing Improvised Explosive Devices. Upon the company commander making eye contact with the civilian man, the man turned and ran. The commander and his interpreter pursued the civilian man on foot shouting orders to stop running in both English and Arabic. As the man entered an alleyway, the company commander fired warning shots in the air. The man did not heed these shots and the company commander shot the man four times in the back. The man died on his way to the hospital and no contraband/weapons were found on his body or in the area. According to the Army Executive Summary, the man posed no threat at the time of the shooting but the chase and the alley made for a volatile situation. According the Executive Summary, the company commander's actions were justified. |
| Army Bates 34493-34514 | Army | 04/22/07 | Hurriya JSS Baghdad, Iraq | This file is composed of additional parts of the Army 15-6 investigation relating to the killing of an Iraqi civilian relating to 34476-34492, and is composed of pictures, and statements made to witnesses. |
| Army Bates 34515-34536 | Army | 04/22/07 | Hurriya JSS Baghdad, Iraq | This file is composed of additional parts of the Army 15-6 investigation relating to the killing of an Iraqi civilian relating to 34476-34492, and is composed of witness statements. |
| Army Bates 34537-34546 | Army | 04/22/07 | Hurriya JSS Baghdad, Iraq | This file is composed of additional parts of the Army 15-6 investigation relating to the killing of an Iraqi civilian relating to 34476-34492, and is composed of witness statements. |
| Army Bates 34547-34571 | Army | 05/22/07 | Iraq | This file is composed of an Army 15-6 investigation relating to the killing of an Iraqi civilian. The file is composed of a number of US Forces soldier witness statements describing the following incident. A patrol was traveling north on the soughbound side to avoid traffic. The patroal stayed to the right to and the head of the patrol was waiving traffic over to the shoulder area. A white Toyota approached the patrol, initially appearing as if though it too would pull over like the other vehicles but then allegedly darted back out into the same lane and drove in the same lane as the patrol. The patrol then shot at the vehicle twice, killing the male Iraqi occupant. The patrol then stopped at the scene until the local police and Iraqi investigators arrived. An interview with the soldier who fired the shots contains the following comment: "I feel a lot of remorse for the [Local National's] family but I had no choice to shoot." There is no note in the file about whether compensation was paid or whether a claim was filed. |
| Army Bates 34573-34590 | Army | 10/22/07 | COP Callahan Baghdad, Iraq | This file is composed of an Army 15-6 investigation into the killing of an Iraqi civilian. A male Iraqi civilian walked through a gate that was marked in Arabic as an entranceway for Coalition Forces. According to the investigation, the sign on the gate had successfully deterred Iraqi civilians from entering for approximately eight months. US Forces' soldiers attempted to deter the man from continuing forward through hand gestures and yelling. The Iraqi civilian did not stop and continued walking although he acknowledged the soldiers by making movements across his chest. Warning shots were fired to the front of the Iraqi civilian and into a barrier. The man did not heed these shots and continued walking close to a barrier wall. The view of the soldiers on the rooftop was obstructed and they could only see the Iraqi civilian's upper torso. At a certain point the man stopped walked and remained stationary and a soldier on his own volition and without authorization fired one fatal shot into the Iraqi civilian's torso because he believed that the man's actions posed an imminent threat. Army investigation found no specific wrong doing because COP Callahan was at heightened alert at the same and the markers on the gate had successfully deterred Iraqi civilians from entering for some months. The Army investigation did state that through the investigation some soldiers "stated that" the soldier who shot the Iraqi civilian "had a history of voicing his dislike for Iraq and Iraqis in both a serious and joking manner; most notably a few months prior to the shooting [the soldier the soldier who shot the Iraqi civilian] stated that 'he wanted to kill Iraqis.’" In response to this, the investigator wrote "While it is possible that [the soldier who shot the Iraqi civilian] has a genuine dislike for Iraq and Iraqis, I could find no evidence that these negative beliefs influences [the soldier who shot the Iraqi civilian] to employ deadly force against the LN on 22 October 2007." The investigator further wrote that "[a]lthough there is some evidence that [the soldier who shot the Iraqi civilian] is vocal in his dislike for Iraq and Iraqis, this evidence is no sufficient to find that these morally questionable beliefs were a factor on 22 October 2007." |
| Army Bates 34591-34605 | Army | 10/22/07 | COP Callahan Baghdad, Iraq | This file is composed of additional documents relating to the Army 15-6 investigation into the killing of an Iraqi civilian in re 34573-34590. This document offers a number of relevant questions, including: Was the Iraqi national mentally disabled? Was he deaf and thus unable to hear the warning shoots? Did the warning shots kick up dust to make it apparent? Were his hand movements indications that he was unarmed? |
| Army Bates 34606-34639 | Army | 10/22/07 | COP Callahan Baghdad, Iraq | This file is composed of additional documents relating to the Army 15-6 investigation into the killing of an Iraqi civilian in re 34573-34590. Document is composed of transcripts of interviews conducted with soldiers who were at COP Callahan in the vicinity of the shooting, or watching the shooting through a camera. It is important to note that soldiers disagreed with the decision to shoot the Iraqi civilian because they believed that he did not at all pose a threat to COP Callahan. One soldier stated: "From my vantage point the LN (local national) made every attempt to show CF he was not a threat[.]" Additionally, it is unknown to the soldiers interviewed whether the Iraqi civilian's family was ever contacted. |
| Army Bates 34640-34672 | Army | 10/22/07 | COP Callahan Baghdad, Iraq | This file is composed of additional parts of the Army 15-6 investigation relating to the killing of an Iraqi civilian relating to 34573-34590, and is composed of witness statements. There is no new relevant information to add. |
| Army Bates 34673-34705 | Army | 10/22/07 | COP Callahan Baghdad, Iraq | This file is composed of additional parts of the Army 15-6 investigation relating to the killing of an Iraqi civilian relating to 34573-34590, and is composed of witness statements. There is no new relevant information to add. |
| Army Bates 34706-34724 | Army | 10/22/07 | COP Callahan Baghdad, Iraq | This file is composed of additional parts of the Army 15-6 investigation relating to the killing of an Iraqi civilian relating to 34573-34590, and is composed of witness statements. There is no new relevant information to add. |
| Army Bates 34725-34734 | Army | 10/22/07 | COP Callahan Baghdad, Iraq | This file is composed of additional parts of the Army 15-6 investigation relating to the killing of an Iraqi civilian relating to 34573-34590, and is composed of witness statements. There is no new relevant information to add. |
| Army Bates 34735-34759 | Army | 02/21/07 | Shaab/Ur District, Iraq | This file is composed of an Army 15-6 investigation relating to the killing of an Iraqi civilian. A C23 vehicle was hit by an Improvised Explosive Device en route. The remaining vehicles and US Forces' soldiers positioned themselves to pull security and support the damaged vehicle. Approximately three minutes later, a flatbed truck was seen approaching the soldiers' position. The truck did not respond to hand signals, verbal warnings or warning shots. Since the truck did not heed the soldiers and seemed to accelerate, soldiers fired approximately three rounds into the truck. The truck stopped and the soldiers waited for further support to arrive before approaching the truck. Upon checking the vehicle, they saw that the Iraqi civilian had suffered a head wound, two torso wounds and appeared dead. Army investigators found that the soldiers were justified in taking action and no actions be taken against them. Further the report states that the unit will coordinate for a solatia/condolence payment to the immediate family but does not state if it actually occurred. |
| Army Bates 34760-34784 | Army | 02/21/07 | Shaab/Ur District, Iraq | This file is composed of additional parts of the Army 15-6 investigation relating to the killing of an Iraqi civilian relating to 34735-34759. There is no new relevant information to add. |
| Army Bates 34785-34802 | Army | 02/21/07 | Shaab/Ur District, Iraq | This file is composed of additional parts of the Army 15-6 investigation relating to the killing of an Iraqi civilian relating to 34735-34759. There is no new relevant information to add. |
| Army Bates 34803-34826 | Army | 02/21/07 | Shaab/Ur District, Iraq | This file is composed of additional parts of the Army 15-6 investigation relating to the killing of an Iraqi civilian relating to 34735-34759. This report reiterates the findings in the previous documents but also states that there was a female Iraqi civilian in the car and she suffered graze wounds. According to the report the Army would coordinate a solatia/condolence payment for her. |
| Army Bates 34827-34855 | Army | 03/26/07 | Baghdad, Iraq | This file is composed of an Army 15-6 investigation into the wounding of an Iraqi civilian woman, and the death of an Iraqi civilian man. A US Forces patrol was doing a clearance patrol and were trying to keep traffic away from the patrol. A car approached the patrol and three shots were fired. The car veered off and hit another car and then the gate of a house. The driver of the car was a taxi car driver who later died in the hospital from his wounds. The passenger was an Iraqi woman who was a school teacher, she was injured but the file does not say whether she recovered from her injuries. The file contains witness statements from US Forces soldiers who thought the car was a vehicle born improvised explosive device. There is also a hand written translation from an Iraqi witness. There is no mention of compensation. |
| Army Bates 34856-34875 | Army | 03/26/07 | Baghdad, Iraq | This file is composed of additional parts of the Army 15-6 investigation relating to the killing of an Iraqi civilian and the wounding of another Iraqi civilian relating to 34827-34855. The file is composed of pictures and slides relating to the incident. |
| Army Bates 34876-34888 | Not Clear | 03/24/07 | Near Al-Quds police station, Iraq | Photographs of a crash scene, wherein a taxi crashed through a gate after shots were fired at it, the third shot going through its windshield. Iraqi police responded to the crash scene for "Consequence Management." The photographs are marked as "Exhibit U." In the corner of the photos is the marking "EOF w/ LN DEATH." No further information on the incident or the victim is provided. |
| Army Bates 34889-34889 | Excluded - "previously released" material. | |||
| Army Bates 34890-34895 | Army | 09/19/07, 01/15/07, 01/12/08 | Mahmudiya, Iraq | Screenshots of MND-B claims database entries for three separate condolence payment claims. On September 19, 2007, an Iraqi man was shot in error by Coalition Forces while on duty at a Sons of Iraq checkpoint. His father requested compensation under the Foreign Claims Act for the death of his son. His request for $2,700 was denied, but he was subsequently paid $2,500 as a condolence payment when it was determined that combat activity by CF was the proximate cause of his claim. On January 15, 2007, a Coalition Forces airstrike killed an Iraqi man. His wife requested compensation under the Foreign Claims Act for the death of her husband and damage to her house. Her request for $15,000 was denied, but she was subsequently paid $5,000 as a condolence payment when it was determined that combat activity by CF was the proximate cuase of her claim. On January 12, 2008, an Iraqi man was killed and his vehicle ruined in an accident with a CF envoy. His wife requested compensation under the Foreign Claims Act for the death of her husband and damage to the vehicle. Her request for $15,000 was denied, as it was determined that there was not enough evidence to prove proximate cause. |
| Army Bates 34896-34898 | Army | 07/25/07 | Baghdad, Iraq | Correspondence between officers regarding the death of Reuters journalists, wherein one of the writers asked, "had you all planned to pay a condolence payment to the families of these two employees?" The remainder of the correspondence is redacted. |
| Army Bates 34899-34899 | Excluded based on FOIA exemptions. | |||
| Army Bates 34900-34916 | Army | 12/25/06 | Baghdad, Iraq | Related to 34900-34916, 34917-34928, 34929-34948, 34949-34968, and 34969-34975. Claim by an Iraqi civilian for compensation under the Foreign Claims Act for the shooting death of her husband. On December 25, 2006, an infantry battalion, acting on information that a Kurdish individual was being held hostage in a house, forced entry into a house adjacent to the target house. Upon entry, the sergeant saw a partial face and a revolver hiding behind a door; the revolver barrel cycled three times but did not fire. The sergeant fired seven rounds and proceeded into the house, at which point he found an elderly man who had been hit in the jaw by a bullet ricochet and his wife sitting near him. After being provided medical care at the scene, the injured man was transported in stable condition to a hospital, where he fell into a coma and died after undergoing surgery. Members of the battalion visited the wife two times after the incident. The man's son-in-law filed a claim on behalf of his mother-in-law, claiming that the soldiers fired without warning and his mother-in-law was not with her husband at the time he was transported from the house and was thus left in further anguish because of their separation and not knowing where he was taken. In his letter, the son-in-law laments the lack of compassion and "unprofessional" behavior shown by troops in activities he viewed as criminal, and requests a formal apology. An Army Regulation 15-6 investigation ensued. The investigating officer's recommendations are redacted, but the reviewing officer recommended that the woman be paid condolence payments of $2,500 for the death of her husband and $2,500 for the damage to her house, for a total of $5,000, since the incident resulted from combat operations and therefore "a claim against the United States is not a viable option." No mention of whether such payment was actually made. |
| Army Bates 34917-34928 | Army | 12/25/06 | Baghdad, Iraq | Related to 34900-34916, 34917-34928, 34929-34948, 34949-34968, and 34969-34975. This contains the U.S. Embassy's response to the family's letter, which, after stating that their letter has been forwarded to the White House, State Department, and U.S. Embassy in Baghdad, ends with "You have been a fine and valued partner for us here in (redacted) and we know how well you have been serving your country. We are very sorry that this very unfortunate incident has occurred and taken away a loved one. You and your family are in our prayers." This also contains a summary of the incident and the victim, redacted pictures of the target house, the TOC log of the incident, and the sworn statement of the commanding officer, parts of the AR 15-6 investigation. The statement notes that the only information acted on was the tip, and that no further intelligence was gathered beyond what the officer already knew about the area. |
| Army Bates 34929-34948 | Army | 12/25/06 | Baghdad, Iraq | Related to 34900-34916, 34917-34928, 34929-34948, 34949-34968, and 34969-34975. This is witness statements of the soldiers involved in the 12/25/06 incident, included in the AR 15-6 investigation. One statement noted that "most people outside after curfew are suspect of criminal actions." Still no mention of whether any compensation was paid to the victim's family. |
| Army Bates 34949-34968 | Army | 12/25/06 | Baghdad, Iraq | Related to 34900-34916, 34917-34928, 34929-34948, 34949-34968, and 34969-34975. This is further witness statements of the soldiers involved in the 12/25/06 incident, included in the AR 15-6 investigation. Further details include that the soldiers involved were given only 30-45 minutes to plan prior to embarking on the mission, and that the pistol that the deceased pointed at the sergeant was not loaded. This document also contains a memorandum depicting facts garnered from a phone conversation between the investigating officer and the battalion captain, which noted that is proper for troops to search adjacent houses when a target house is found to be a "dry hole" (absent the anticipated criminal activity). Still no mention of whether any compensation was paid to the victim's family. |
| Army Bates 34969-34975 | Army | 12/25/06 | Baghdad, Iraq | Related to 34900-34916, 34917-34928, 34929-34948, 34949-34968, and 34969-34975. This is pictures from the incident scene, included in the AR 15-6 investigation, depicting the damage done to the gate and the bullet holes and ricochet marks found throughout the house. Also included is a memorandum of a conversation between the investigating officer and the major executive officer of the batallion, which notes that the decision to force entry into the non-target house was based on the time sensitive nature of the tip, that often details (such as addresses) in tips are inaccurate, and the house was the only other house on the street with lights on at 0100 in the morning. The sergeant waited until the victim fired his (empty) pistol before firing back, wanting to positively identify the weapon and review the Rules Of Engagement in his head prior to firing. Still no mention of whether any compensation was paid to the victim's family. |
| Army Bates 34976-35016 | Army | 06/30/07 | Ameriya, Baghdad, Iraq | Related to 349976-36016 and 35017-35030. This is the AR 15-6 investigation (with some portions redacted) into the death of an Iraqi civilian, shot by a sniper patrol. On June 30, 2007, after an after-curfew tank patrol of an area referred to as "Ambush Alley" - where Improvised Explosive Devices and insurgent activity were prevalent - a man was seen entering the street with what snipers positively identified as a rifle. The man was shot and brought inside the courtyard from which he had emerged, where an AK-47 was found. Soldiers searched the house without speaking significantly with the family and found a shotgun and ammunition. The victim was provided with medical care and underwent surgery but died. The body was not properly identified at the hospital and its whereabouts (and the victim's status) were not communicated to the family. The family testified that the victim was repairing a generator and that the "rifle" identified by the snipers was actually a battery. The Commanding General's letter to the family offers condolences for, "in particular, the errors and difficulty in returning the body to the family for proper care and respect." No mention of whether a claim was filed (other than for a copy of the investigation under FOIA) or any compensation was provided to the family of the deceased. |
| Army Bates 35017-35030 | Army | 06/30/07 | Ameriya, Baghdad, Iraq | Related to 349976-36016 and 35017-35030. This is the continuation of the AR 15-6 investgation into the 06/30/07 incident, including memoranda and e-mail correspondence between officers. Parts of the 15-6 are redacted. In one draft of the inquiry officer's memo, he writes, "It is inconclusive whether or not he was an insurgent based on his activity and location alone however, based on his family's inquiry into the matter, I suspect he was not." This statement was removed from a following draft. Condolence payment to the family was recommended by the inquiry officer, but it is unclear whether it was paid. The e-mails discuss a website set up by a relative of the victim in the U.S. requesting aid in locating the victim, and ask whether attached photos of the victim appear to be the man shot by troops in the incident in question. One e-mail notes, "Does he really look like an insurgent to you?? It's an outrage, and must be investigated." Still no mention of whether any compensation was paid to the victim's family. |
| Army Bates 35031-35031 | Excluded based on FOIA exemptions. | |||
| Army Bates 35032-35032 | Excluded based on FOIA exemptions. | |||
| Army Bates 35033-35033 | Excluded based on FOIA exemptions. | |||
| Army Bates 35034-35034 | Army | 11/27/07 | Camp Liberty, Baghdad, Iraq | Condolence payment for the death of a female Iraqi civilian. On November 27, 2007, a female bank employee, was commuting to work on a bus which entered an area in which large vehicles were prohibited. When the driver did not stop after US Forces attempted Escalation Of Force measures, US Forces engaged the bus and the victim was killed. The attorney's memorandum notes that the victim had no control over the bus and was not at fault. The memorandum concurs with the brigade commander's "reasonable" request to pay $10,000 as a condolence payment because of the victim's line of employment and income. The incident's ineligibility as a FCA claim is noted because of the combat exclusion. No mention of whether payment was actually made to the victim's family. |
| Army Bates 35035-35035 | Army | 12/25/06 | Baghdad, Iraq | Related to 34900-34916, 34917-34928, 34929-34948, 34949-34968, and 34969-34975. Condolence payment to the victim's family of $2,500 for the loss of the family member and $1,500 for damage to the house, totaling $4,000, is authorized with Commander's Emergency Relief Fund funds. |
| Army Bates 35036-35038 | Army | 06/30/07 | Ameriya, Baghdad, Iraq | Related to 34976-35016 and 35016-35030. Correspondence between the Staff Judge Advocate and an unknown (identity redacted) party in Cambridge, England, discussing the AR 15-6 investigation of the 06/30/07, incident in Ameriya, Baghdad, Iraq. The unknown party acknowledges and appreciates the extensiveness of the investigation and the Commanding General's letter of condolence to the family, but notes that the victim's family will be sending him their own letter, which finds fault with certain aspects of the investigation's results and asks for the investigation to be re-opened. The party asks for condolence payment to the family to be considered in an amount greater than $2,500, due to the dignity and modesty of the family (which does not ask for compensation in the forthcoming letter, only that justice for the victim be achieved). The unknown party believes "that a generous compensation payment would go at least some way to affirming, in the family's mind, the coalition forces' commitment to justice." |
| Army Bates 35039-35045 | Army | 12/25/06 | Baghdad, Iraq | Related to 34900-34916, 34917-34928, 34929-34948, 34949-34968, 34969-34975, and 35035-35035. This contains a letter to the victim's family stating that the AR 15-6 investigation into the 12/25/06 incident in Baghdad had begun, and internal e-mails and memoranda clarifying the answers to certain questions in the investigation. One e-mail (written after previous recommendations and authorizations) notes that no condolence payment had yet been paid as the unit was waiting to hear if the Division wished to pay more or to have someone else deliver the payment. The e-mail asks for advice as to whether the unit should proceed with payment. |
| Army Bates 35046-35053 | Army | 06/30/07 | Ameriya, Baghdad, Iraq | Related to 34976-35016, 35016-35030, and 35036-35038. This is the event report for the incident, the majority of which is redacted. |
| Army Bates 35054-35079 | Army | 12/31/07 | Forward Operating Base Falcon, Baghdad, Iraq | 15-6 Investigation. On December 31, 2007, troops engaged in a training exercise in a building on the COP Blackfoot firing range. While the exercise was ongoing, the Command Post received a call that someone had been shot south of the firing range. The victim, a civilian who had been traveling on foot to pay a bill, was found dead at the scene. His identity was garnered from talking with nearby locals; the victim's cell phone and money were collected, and his body was handed over to his family. An AR 15-6 investigation ensued. Parts of the AR 15-6 are redacted. The investigation found that it was "probable" that the victim's death was the result of fire from the weapons range, as there were inadequate controls to prevent locals from entering the range. No ceasefire orders were made upon the victim's entry into the range because his position was outside of unaided visual detection range. The Captain and the battalion commander were negligent in failing to certify the range. The battalion commander also failed to conduct risk management for the range, and the range safety officers operated an unsafe range. The legal review of the AR 15-6 noted that some evidence showed that the victim may have been killed earlier in the day by someone other than COP Blackfoot range personnel, but that the condition of the body and other factors support the finding that the victim "probably" died from a round from the range. The findings of simple negligence also did not satisfy the elements of negligent homicide. The investigating officer's recommendations are redacted, and the decision as to whether a claims payment should be made to the family was remanded to the battalion commander. No mention of whether any compensation was paid to the victim's family. |
| Army Bates 35079-35096 | Army | 12/31/07 | Forward Operating Base Falcon, Baghdad, Iraq | Related to 35054-35079. This is the event timeline, the SIR, redacted photos, and witness statements from the 12/31/07 incident, included in the AR 15-6 investigation. The commanding officer's statement details his insufficient knowledge of the range and failure to inspect it and conduct a risk assessment prior to the training exercise. Still no mention of whether any compensation was paid to the victim's family. |
| Army Bates 35097-35123 | Army | 12/31/07 | Forward Operating Base Falcon, Baghdad, Iraq | Related to 35054-35079 and 35079-35096. This is further witness statements and the Eagle Log from the December 31, 2007, incident, included in the AR 15-6 investigation. Still no mention of whether any compensation was paid to the victim's family. |
| Army Bates 35124-35148 | Excluded based on FOIA exemptions. | |||
| Army Bates 35149-35169 | Army | 12/31/07 | Forward Operating Base Falcon, Baghdad, Iraq | Related to 35054-35079, 35079-35096, and 35097-35123. This is further witness statements from the 12/31/07 incident, included in the AR 15-6 investigation. The medic on scene noted that the condition of the body was not consistent with a body that had been shot in the past thirty minutes, but other witnesses testified that they did not know of a phone call regarding the body coming in before the range went hot. Still no mention of whether any compensation was paid to the victim's family. |
| Army Bates 35170-35188 | Army | 12/31/07 | Forward Operating Base Falcon, Baghdad, Iraq | Related to 35054-35079, 35079-35096, 35097-35123, and 35170-35188. This is further witness statements and e-mails from the 12/31/07 incident, included in the AR 15-6 investigation. The statements detail the timeline of events for the troops involved in the training exercise at the range. Still no mention of whether any compensation was paid to the victim's family. |
| Army Bates 35189-35207 | Army | 01/23/07 | Camp Taji, Iraq | 15-6 Investigation. On January 23, 2007, a US Forces convoy was struck by an Improvised Explosive Device and then exposed to small arms fire while attempting to recover casualties from an earlier IED strike. The platoon did not return fire after either IED strike, but conducted clearing operations of suspected Anti-Iraqi Forces activity in the vicinity of the earlier blast site without knowledge of any local national casualties. The following day the platoon received word that an Iraqi civilian child had been shot and killed. The victim's birth and death certificates were provided to US personnel. An AR 15-6 investigation ensued, which determined that the child was killed by ricocheted bullets from coalition firing. The investigating officer's recommendations are redacted. No mention of whether any compensation was paid to the victim's family. |
| Army Bates 35208-35228 | Army | 01/23/07 | Camp Taji, Iraq | Related to 35189-35207. This is the continuation of the AR 15-6 investigation of the January 23, 2007, death of an Iraqi child. The commander's inquiry report notes that "Many of the tribal leaders are hoping that we take care of [the child's father] to show the Coalition's good intentions towards the people of the area." However, the commander did not give the victim's father a claims card, as it would "disrespect him and his family," but has visited the man since the incident. |
| Army Bates 35229-35237 | Army | 01/23/07 | Camp Taji, Iraq | Related to 35189-35207 and 35208-35228. This is the legal review of the AR 15-6 investigation and the summary of facts, the majority of which is redacted. The investigating officer's, and the reviewing officer's, recommendations are redacted. No mention of whether compensation was paid to the victim's family. |
| Army Bates 35238-35238 | Excluded based on FOIA exemptions. | |||
| Army Bates 35239-35239 | Excluded based on FOIA exemptions. | |||
| Army Bates 35240-35240 | Excluded based on FOIA exemptions. | |||
| Army Bates 35241-35241 | Excluded based on FOIA exemptions. | |||
| Army Bates 35242-35242 | Excluded based on FOIA exemptions. | |||
| Army Bates 35243-35278 | Army | 02/22/07 | Al-Hillah, Iraq | 15-6 Investigation. On February 22, 2007, US Forces were redirecting traffic around the site of an Improvised Explosive Devise strike when a van driven by the victim failed to follow the new traffic pattern. After their hand signals and verbal warnings were ignored, the security personnel fired a warning shot, at which point the van accelerated towards the HUMVEE. A shot was fired into the van's engine, attempting to disable it, but the van continued to accelerate. At that point, the security personnel fired a single shot into the driver's side windshield that struck and killed the driver. An AR 15-6 investigation ensued. Parts of the AR 15-6 are redacted. The investigation found that in this Escalation Of Force incident, the decision to use lethal force was justified by the hostile intent garnered from the driver's behavior, and escalation of force procedures were properly used to eliminate the threat. However, the SPCs and PFCs were left to make such decisions on their own, as their commanding officers were engaged in other activities, and there were insufficient ground markings that could have provided visual cues to the driver to prevent the incident from turning lethal - specifically, more traffic cones should have been available. It remains unclear why the driver behaved as he did. The investigator's recommendations are redacted. No mention of whether any compensation was paid to the victim's family. |
| Army Bates 35279-35320 | Army | 11/04/06 | Ameriya, Baghdad, Iraq | 15-6 Investigation. On November 4, 2006, US Forces opened fire on a white Kia van that it suspected to be a Vehicle Born Improived Explosive Device. The patrol had stopped traffic when the van moved around the stopped vehicles and headed towards the lead vehicle of the patrol. The van did not respond to the crew's hand signals to stop but continued to speed towards the patrol, at which point the vehicle's gunner opened fire. The van crashed into the lead vehicle. After being hit, the patrol vehicle moved along until the area was secured, at which time medical attention was given to the van driver, who died en route to the hospital. No VBIED was found or detonated in the van. An AR 15-6 investigation ensued for the escalation of force incident. Parts of the 15-6 are redacted. The investigation found that in the area where VBIED threats had been frequent, the soldiers took all necessary steps to avoid a lethal escalation of force engagement with an Iraqi local national with a perceived hostile intent. No negligence was found on the part of the soldiers, and the investigating officer instructs the incident to be used as "a valuable training scenario." No mention of whether any compensation was paid to the victim's family. |
| Army Bates 35321-35322 | Army | 03/10/07 | Forward Operating Base Rustamiyah, Iraq | Unclear what type of claim this relates to. On March 10, 2007, a patrol was moving at slow speed and with white lights on because of low visibility. A white van, traveling at high speeds, crashed into the gun tube of the second vehicle in the patrol. The local national family traveling in the van was taken to the hospital, where a female passenger died as a result of injuries sustained in the accident. The commnader's inquiry found that the patrol was moving at a safe speed and proceeding with caution, given the limited visibility conditions. Conversely, the van's driver was inattentive to his surroundings, and his action's caused the accident. The investigating officer's recommendations are redacted. However, the battalion commander disagreed with the finding that the van driver's actions were the sole cause of the accident. No mention of whether any compensation was paid to the victim's family or whether any further investigation occurred. |
| Army Bates 35323-35324 | Excluded based on FOIA exemptions. | |||
| Army Bates 35325-35334 | Army | 06/30/07 | Ameriya, Baghdad, Iraq | Related to 34976-35016, 35016-35030, 35036-35038, and 35046-35053. This is e-mail correspondence surrounding the 06/30/07 incident, requesting that a formal AR 15-6 investigation be done to supplement the informal commander's inquiry. The commander's inquiry was initially noted in error as occurring on July 3, but was then matched to the June 30 incident. |
| Army Bates 35335-35335 | Excluded based on FOIA exemptions. | |||
| Army Bates 35336-35347 | Army | 12/25/06 | Baghdad, Iraq | Related to 34900-34916, 34917-34928, 34929-34948, 34949-34968, 34969-34975, 35035-35035, and 35039-35045. This is a series of e-mails requesting further information and an AR 15-6 investigation into the December 25, 2006, incident. Although an AR 15-6 investigation did not seem necessary at the time, it is now appropriate to do one. One writer notes that "if we have not done so, a solatia payment to the family, along with our formal apology and condolences, seems like an appropriate gesture." The first page of this set is virtually unreadable, but appears to say that "This is not routine or desirable" given "the nature of the environment we are in," and "This is going to grow." |
| Army Bates 35348-35348 | Army | 06/30/07 | Ameriya, Baghdad, Iraq | Related to 34976-35016, 35016-35030, 35036-35038, 35046-35053, and 35325-35334. This is the Executive Summary of the 06/30/07 incident in Ameriya. The investigating officer determines that the US Forces acted according to the rules of engagement because of the perceived hostile intent on the part of the Iraqi national. A condolence payment has not been paid but is recommended by the investigating officer. |
| Army Bates 35349-35349 | Army | 03/10/07 | Forward Operating Base Rustamiyah, Iraq | Related to 35321-35322. This is the Executive Summary of the March 10, 2007, incident. Further details show that there were three civilian passengers in the van, and that the female passenger (the driver's wife) died of head trauma at Al Kinde Hospital later that night. On 04/17/07, the commander approved a $7,500 payment to the victim's family. The investigating officer recommended that no actions be taken against the soldiers involved herein, and that in the future, patrols carry accident forms in both Arabic and English to collect information at accident scenes. The battalion commander did not agree that the accident was solely the fault of the van's driver, but he stopped short of assigning blame to the soldiers. |
| Army Bates 35350-35350 | Army | 07/13/07 | Muhalla, Iraq | Unclear what type of claim this relates to. On July 13, 2007, US Forces rear security vehicles lost contact with their convoy and began traveling with another convoy, when they were struck by an Improvised Explosive Device. One commander identified the triggerman and began to fire, but his weapon jammed, at which point he turned to the vehicle's gun and engaged ten to twelve Anti-Iraqi Forces who had emerged. After the convoy began moving again, one of the rear vehicles was struck by a second IED, followed by small arms attacks from two-three man AIF teams. The crew was forced to engage them with the vehicle's gun. The investigating officer determined that the addition of the rear security vehicles onto the convoy created confusion and communication problems, and that using the vehicle's gun likely caused greater collateral damage than another weapon. An unknown number of Iraqi civilians were killed or injured in the series of engagements. The battalion commander directed a condolence payment of $30,000 to be paid to the family of the victims. |
| Army Bates 35351-35351 | Army | 08/22/07 | Muhalla, New Baghdad, Iraq | Unclear what type of claim this relates to. On August 22, 2007, a "military-aged" Iraqi man was seen running with an AK-47 towards a target (redacted). Patrol members shouted at him and fired disabling shots but he did not respond, at which point the target's gunner (at the order of his commander) fired three rounds at the man. Patrol members attempted to provide aid, but the man was already dead. The weapon he was allegedly carrying was never recovered. The investigating officer determined that the patrol was justified in using deadly force because of the perceived hostile intent of the man running with an AK-47. Condolence payment to the victim's family was approved by the battalion commander but pending at the time of this Executive Summary. |
| Army Bates 35352-35352 | Army | 07/25/07 | Five Points Intersections, Ibrahim Bin Ali, Iraq | Condolence payment for death of two Iraqi children. On July 25, 2007, two Iraqi civilian children were shot and killed during an exchange of gunfire between US Forces soldiers, Anti-Iraqi Forces, and volunteers. After receiving fire while on patrol, the US Forces engaged the reedline, which they suspected to be the enemy position. The volunteers followed suit. It is unclear by whom the children were shot. The investigating officer found that the children were in dead space not visible to the platoon, and that the platoon took proper care to save the children. Condolence payments of $2,500 were paid per decedent (total $5,000). |
| Army Bates 35353-35353 | Army | 02/27/07 | Khan Dari, Iraq | Condolence payment for the deaths of two Iraqi children. On February 27, 2007, two Iraqi civilian children were shot and killed during an exchange of gunfire between US Forces and Anti-Iraqi Forces. While conducting a patrol, the US Forces came under heavy fire from a large group of AIF. The US Forces engaged and pursued the AIF until they took cover in the ground. They also stopped firing when they encountered an unarmed man and woman waving to them, who directed the soldiers to their teenage son, who had been shot in the neck, and young daughter, who had a flesh wound to the neck and whose finger had been shot. The son died on the scene, and the daughter later succumbed to her wounds as well. The investigating officer found that the local national deaths were unavoidable due to the low visibility of the terrain where the firefight occurred. It was unclear whether the children were shot by US Forces or AIF. The platoon captain returned to the area and paid the victims' father $5,000 total as condolence payment for the death of his children. |
| Army Bates 35354-35354 | Army | 09/25/07 | Camp Taji, Iraq | Condolence payment for death of pregnant Iraqi woman and injury to her husband. On September 25, 2007, a pregnant woman was killed and her husband injured by US Forces. While on patrol in a familiar area, a vehicle gunner noticed a man whose behavior was consistent with command-wire Improvised Explosive Devise placement and informed his superiors. The patrol was given permission to engage. The sergeant fired 250 rounds at the target until positive identification was lost. An hour later, local residents informed the platoon of two civilians who had been sleeping in a heavily vegetated area obscured from the sergeant's line of sight. A pregnant woman had been shot in the abdomen, neck, and chest, and her husband had been shot in the leg. The woman and her unborn child died from her wounds. The investigating officer determined that the engaging sergeant used a proportional amount of force in response to the threat and did all he could to minimize collateral damage. The platoon captain made a $5,500 condolence payment to the victim's husband four days after the incident. |
| Army Bates 35355-35355 | Army | 04/30/07 | Husseiniyah, Iraq | Condolence payment for death of eight Iraqi civilians and two injuries to Iraqi civilians. On April 30, 2007, while attempting to engage a target, US Forces fired a round that hit 380 meters west of the intended target, landing near a group of civilians unloading sheep from a vehicle. Eight people were killed and two were injured. The civilians were displaced persons, living in a tent that was not identifiable in any of the terrain databases available to the command. The investigating officer found that the crews acted in accordance with proper procedures, but the proximate cause of the short round, as determined by the IO, is redacted. Condolence payments of $2,500 were paid to each of the families of the eight decedents. Payments of $1,000 for injuries were made to three people, and $2,000 was paid for property damage. |
| Army Bates 35356-35356 | Army | 06/28/07 | Iraq | Condolence payment information redacted. On June 28, 2007, after an Improvised Explosive Devise blast that killed five soldiers, an after-curfer US Forces patrol encountered an Iraqi man digging around the blast site, while two other men acted as lookouts. Perceiving this as hostile behavior, the patrol engaged the three men. One man was shot in the neck and treated at a hospital. Another man, with a gunshot wound to the jaw, was evacuated by Iraqi Army troops and died en route to the hospital. The status of the third man is unknown. The investigating officer determined that the patrol acted according to their Rules Of Engagement, as the behavior of the three men amounted to hostile act and intent. The family of the man who was shot in the neck asserted that he was digging to improve his garden. |
| Army Bates 35357-35398 | Army | 03/10/07 | Forward Operating Base Rustamiyah, Iraq | Related to 35321-35322 and 35349-35349. This is the AR 15-6 investigation of the 03/10/07 incident. The legal review finds that the van driver's negligence was not the sole cause of the accident, as the patrol tanks were driving the wrong way down the street and the lead tank did not radio the second tank about the approaching van. The van's driver could not have anticipated that the second tank would be turning its turret, and the gun tube impacted the side of the van, not the front, indicating that the turret was rotated into the van rather than the van driving into the gun tube. Further details show that the passengers of the wounded tank did not realize that their gun tube had been hit until informed by the other tank. The fatally injured woman was evacuated by Iraqi police, while some of the van's passengers walked away from the scene with their bags before police arrived. The victim's husband and son, who had been traveling in the 14-passenger taxi with her, went to the JSS some days later to file a report. A condolence payment to the victim's husband of $7,500 ($2,500 each for injury to the payee and his son, $2,500 for the death of his wife) was approved. |
| Army Bates 35399-35403 | Army | 06/30/07 | Ameriya, Iraq | Related to 35399-35403, 35409-35409, 35410-35411, 35415-35419, 35466-35466. Unclear what type of claim this relates to. Conflicting reports of a shooting of an Iraqi civilian outside of his home. His family claims he had gone outside, unarmed, to fix a generator and was shot by US Forces. The military account claims that he shot at the soldiers first. According to the family possessions were stolen from the family home following the shooting. The man died as a result of his injuries. Not clear whether any compensation was paid |
| Army Bates 35404-35407 | Previously released. | |||
| Army Bates 35408-35409 | Army | 06/30/07 | Ameriya, Iraq | Related to 35399-35403, 35409-35409, 35410-35411, 35415-35419, 35466-35466. Email recognizing the ambiguity of the details of the Iraqi civilian's death. Expresses satisfaction that everything will be resolved in good faith. |
| Army Bates 35410-35411 | Army | 06/30/07 | Ameriya, Iraq | Related to 35399-35403, 35409-35409, 35410-35411, 35415-35419, 35466-35466. Explains that the daughter provided photos of the victim's body. Also explains that the surgeon who worked on the case is due to rotate home on September 19. |
| Army Bates 35412-35414 | Army | 06/30/07 | Ameriya, Iraq | Previously released. |
| Army Bates 35415-35419 | Army | 06/30/07 | Ameriya, Iraq | Related to 35399-35403, 35409-35409, 35410-35411, 35415-35419, 35466-35466. Emails concerning the status of condolence payments of $2,500 for death and $2,500 for property damage for the victim's family. While the payments were recommended, it is unclear if they were approved and/or if payment was made to the family. |
| Army Bates 35420-35430 | Army | 11/23/07 - 12/31/07 | Iraq | This file is composed of a screenshots of a database titled "MND-B Investigation Tracker." Most of the entries are exempted under FOIA exemptions but five incidents are described: (1) On October 23, 2007, an incident occurred, the incident is described as follows "[Escalation of Force] incident. According to the 2/C/FS SCR patrol leader, the lead gunner fired warning shots as the vehicle approached." No other information is provided. (2) On November 14, 2007, an incident descrbied as "non-combatant death/serious injury in combat ops" "traveling to JSS Black Lion. 1x[Local National] walked out in front of convoy and was struck by lead vehicle. The lead vehicle attempted to stop as well as tried to maneuver around the individual but was unable to do so. LN was killed upon impact caused by severe head trauma. [Coalition Forces] medics tried to aid individual [exempted text] transport victim to local hospotal." (3) On November 24, 2007, an Escalation of Force related ot Air is described as "[exempted text] into the vehicle and then it crashed into barriers. 3/D/2-325 secured the scene along with IP traffic police. The [Local National] driver was killed by a had wound." Also states that "Pending DCG(O) review at MND-B since 2 Jan 08." (4) On December 6, 2007 an "Maint RSS [Escalation of Force]" occured where "one [Local National] vehicle was appraoching at a high rate of speed. The gunner waved his hands, signaled with a (white) [followed by exempted text]." Also states "Approved MND-B CG 13 Dec 07, Forwarded to MND-B FP, MNC-1 FP, MNC-I Ad Law 14 Dec 07. Will be removed from 17 Jan 08 report." (5) On December 31, 2007, the report lists that "2-2 SCR" reported a "non-combatant death/serious injury in accident" described as "at approximatley 1620 hours, 1st PLT/E Co began to fire at the range located behind COP Blackfoot. [Exempted text.] Blackfoot went into an immediate cease fire and the QRF was notified to the location to render aid. The QRF arrived at the location on the [Local National] at 1650 hours and once on site reported that the LN was [Killed In Action]. LN was reportedly paying a debt." There are no notes in the file to indicate whether any compensation was paid under the Foreign Claims Act or as a condolence payment, or that such was considered. |
| Army Bates 35431-35436 | Army | 10/23/2007 - 12/6/2007 | Iraq | This file is composed of a screenshots of a database titled "MND-B Investigation Tracker." Most of the entries are exempted under FOIA exemptions but four incidents are described: (1) On October 23, 2007 an "FS/2 SCR [Escalation of Force]" occurred and is described as "A B/1-7CAV element was reportedly stopped by the [Iraqi Army] at [checkpoint] [exempted text] by a U.S. patrol and a child was killed. C/FS SCR failed to properly report this EOF incident. According to the 2/C/FS SCR patrol leader,the lead gunner fired warning shots as the vehcile approached." Also states that "Approved, MND-B CG, 5 Dec 07. Forwarded to MND-B FP, MNC-I FP, MNC-I Ad Law 6 Dec 07. Will be removed from 20 Dec 07 report." (2) On November 14, 2007, Unit "1-28 IN" reported a "non-combatant death/serious injury in combat ops" described as "TM 3/D/64 TC of vehicle reports convoy was traveling north [exempted text] Lion. 1xLN walked out in front of convoy and was struck by lead vehicle. The lead vehicle attempted to stop as well as tried to maneuver around the individual but was unable to do so. LN was killed upon impact caused by severe head trauma. CF medics tried to provide aid to individual but LN did not have a pulse and stopped breathing. Local IP Checkpoint (CP 545) provided SUV to transport victim to local hospital." Also states "pending GC review at MND-B." (3) On November 24, 2007, Unit "2-325 Air" reported an Escalation of Force described as "[exempted text] continued to approach. A shot was fired int the cab and it [exempted text] barriers. 3/D/2-325 secured the scene along with IP traffic police. The [Local National] driver was killed by a head wound." Also states "under investigation." (4) On December 6, 2007, Unit "Maint RSS" reported an Escalation of Force described as "2 SCR conducted EOF procedures while conducting [exempted text]. LN vehicle was approaching at a high rate of speed. The gunner waved his hands, signaled with a flashlight, [exempted text] and 2 [Local Nationals] wounded." There are no notes in the file to indicate whether any compensation was paid under the Foreign Claims Act or as a condolence payment, or that such was considered. |
| Army Bates 35437-35446 | Army | 10/23/2007 - 12/6/2007 | Iraq | This file is composed of a screenshots of a database titled "MND-B Investigation Tracker." Most of the entries are exempted under FOIA exemptions but five incidents are described: (1) On October 23, 2007 Unit "FS/2 SCR" reported an Escalation of Force described as "A B/1-7CAV element was reportedly stopped by the [Iraqi Army] at [checkpoint] 14. IA reported that a truck [exempted text] properly reported this EOF incident. According to the 2/CF/FS SCR patrol leader, the lead gunner fired warning shots as the vehicle approached." Also states "forwarded to MND-B FP, MNC-I FP, MNC-I Ad Law 6 Dec 07. Will remove from 24 Jan 08 report." (2) On December 6, 2007, Unit "Maint RSS" reported an Escalation of Force described as "ECP 3. One [Local National] vehicle was appraoching at a high rate of speed. The gunner waved his hands, [exempted text] wounded." Also states "Forwarded to MND-B FP, MNC-I FP, MNC-I Ad Law 14 Dec 07. Will be removed from 24 Jan 08 report." (3) No date appears, just the following partial description "[exempted text] was fired. It continued so the guard fired a second shot into the grill but it continued to [exempted text] the scene along with the IP traffic police. The [Local National] was killed by a head wound." A note on status simply states: "Jan 08", and under "open or closed" states "nc O- Ad law." (4) No date appears, just the following partial description "[exempted text] was wounded and teken to the hospital by [Local Nationals]." A note on status simply states: "Jan 08 report." (5) On November 14, 2007, Unit I-28 IN" reported a "non-combatant death/serious injury in combat ops" incident described as "[exempted text] vehicle. The lead vehicle attempted to stop as well as tried to maneuver around the individual but was unable to do so. [Local National] was killed upon impact caused by severe head trauma. [Coaltion Forces] medics tried to provide aid ot individual but LN did not have pulse and stopped breathing. Local IP Checkpoint (CP 545 provided SUV to transport victim to local hospital." Also states that "forwarded to MNC-I Ad Law, 16 Jan 08. Will remove from 24 Jan 08 report." There are no notes in the file to indicate whether any compensation was paid under the Foreign Claims Act or as a condolence payment, or that such was considered. |
| Army Bates 35447-35449 | Army | 10/23/2007 - 12/6/2007 | Iraq | This file is composed of a screenshots of a database titled "MND-B Investigation Tracker." Most of the entries are exempted under FOIA exemptions but two incidents are described: (1) On October 23, 2007, Unit "FS/2 SCR" reported an Escalation of Force described as "A B/1-7CAV element was reportedly stopped by the [Iraqi Army] at [checkpoint] [exempted text] at by a U.S. patrol and a child was killed. C/FS SCR failed to properly report this EOF incident. According to the 2/C/FS SCR patrol leader, the lead gunner fired warning shots as the vehicle approached." Also states "Approved, MND-B CG, 5 Dec 07. Forwarded to MND-B FP, MNC-I FP, MNC-I Ad Law 6 Dec 07. Will remove from 27 Dec 07 report." Appears to be a repeat of the incident reported in 35431-35436. (2) On December 6, 2007, Unit "Maint RSS" reported an Escalation of Force decribed as "2 SCR conducted EOF procedures while conducting recovery [exempted text] was approaching at a high rate of speed. The gunner waved his hands, signaled with a flashlight, and then engaged with [exempted text]." Also states "Approved MND-B CG 13 Dec 07. Forwarded to MND-B FP, MNC-I FP MNC-I Ad Law 14 Dec 07. Will be removed from 27 Dec 07 report." There are no notes in the file to indicate whether any compensation was paid under the Foreign Claims Act or as a condolence payment, or that such was considered. |
| Army Bates 35450-35452 | Army | Iraq | This file is composed of a screenshots of a database titled "MND-B Investigation Tracker." All of the entries are exempted. | |
| Army Bates 35453-35453 | Army | 10/23/07 | Iraq | This file is composed of a screenshots of a database titled "MND-B Investigation Tracker." Most of the entries are exempted under FOIA exemptions but five incidents are described as follows: (1) On October 23, 2007, Unit "FS/2 SCR" reported an Escalation of Force described as "A B/1-7CAV element was reportedly stopped by the [Iraqi Army] at [checkpoint 14]. IA reported that a truck moving on [exempted text] EOF incident. According to the 2/C/FS SCR patrol leader, the dead gunner fired warning shots as the vehicle approached." Also states "Approved, MND-B CG, 5 Dec 07. Forwarded to MND-B FP, MNC-1 FP, MNC-I Ad Law 6 Dec 07. Will remove from 10 Jan 08 report." Might be repeat of 35420-35430. (2) On December 6, 2007, Unit "Maint RSS" reported an Escalation of Force described as "One [Local National] vehicle was approaching at a high rate of speed. The gunner waved his hands, signaled with [exempted text].” Also states “Approved NMD-B CG 13 Dec 07. Forwaded to MND-B FP, MNC-I FP, MNC-I Ad Law 14 Dec 07. Will be removed from 10 Jan 08 report.” (3) On November 24, 2007, Unit “2-325 Air” reported an Escalation of Force described as “[exempted text] into the vehicle and then it crashed into barriers. 3/D/2-325 secured the scene along with IP traffic police. The [Local National] driver was killed by a head wound.” (4) On November 14, 2007, Unit "1-28 IN" reported a "non-combatant death/serious injury in combat ops" described as "[exempted text] traveling to JSS Black Lion. 1xLN walked out in front of convoy and was struck by lead vehicle. The lead vehicle attempted to stop as well as tried to maneuver around the individual but was unable to do so. LN was killed upon impact caused by severe head trauma. CF medics tried to provide aid to individual but LN did not have a pulse and stopped breathing. Local IP Checkpoint (CP 545) provided SUV to transport victim to local hospital." (5) On December 31, 2007, the report lists that "E/94 BSB 2-4 IN" reported a "non-combatant death/serious injury in accident" described as "at approximatley 1620 hours, 1st PLT/E Co began to fire at the range located behind COP Blackfoot. [Exempted text.] Blackfoot went into an immediate cease fire and the QRF was notified to the location to render aid. The QRF arrived at the location on the [Local National] at 1650 hours and once on site reported that the LN was [Killed In Action]. LN was reportedly paying a debt." Appear to be repeats of incidents reported in 35420-35430 and 35431-35436. There are no notes in the file to indicate whether any compensation was paid under the Foreign Claims Act or as a condolence payment, or that such was considered. |
| Army Bates 35462-35462 | Completely blank as previously released. | |||
| Army Bates 35463-35464 | Army | 07/12/07 | Eastern Bagdad, Iraq | News article about two Iraqi Reuters employees were killed when an US Forces helicopter began random attacks and struck their minivan. The recovered minivan was badly mangled, with a large hole in the roof. |
| Army Bates 35465-35465 | Army | 05/07/07 | Iraq | A sheet from a 15-6 investigation related to the death of a "local national" signed by Joseph F. Fil who was stationed in Iraq. Incident was on May 7, 2007. |
| Army Bates 35466-35466 | Army | 06/30/07 | Ameriya, Iraq | Related to 35399-35403, 35409-35409, 35410-35411, 35415-35419, 35466-35466. Report documenting the transfer of victim's body from Riva Ridge Center to Cropper Hospital to BIAP morgue to possibly the Yormouk Hospital. |
| Army Bates 35467-35473 | Army | 10/05/07 | Muqdadiyah, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act for $2,500 for death of daughter and $2,500 for damage to vehicle, after civilian mother's two children were shot by US Forces who mistaken them for insurgents while playing in the road in front of their home. Appears that claim denied under FCA as file notes that condolence payment of $2,500 approved, though file also notes that the amount was not paid as of December 8, 2007, and it's not clear that payment was ever made. |
| Army Bates 35474-35478 | Army | 06/19/07 | Baquba, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act for the death of four children and property damage. Claimant's neighbor's house was bombed resulting in heavy damage to claimant's own house and the death of four children. Witness testimony confirms claimant's story. US Army denied FCA claim because damage resulted from a combat operation. However, a condolence payment of $2,500 was approved and paid. |
| Army Bates 35479-35479 | Army | 12/13/07 | Fallock, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act for $33,408 after victim's house was bombed and his family killed. Claim was recommended for denial because the house was allegedly lawfully targeted as suspected origin of a mortar attack. Suggestion for denial also notes that claimant was paid a condolence payment but does not note how much of a condolence payment was made or when it was made. |
| Army Bates 35480-35480 | Army | 12/13/07 | Fallock, Iraq | Related to 35479-35479, 35480-35480. Three person foreign claims commission rejects foreign claims act claim as falling under combat exemption to Foreign Claims Act. |
| Army Bates 35481-35489 | 02/16/08 | Hai Al-Sikak, Samarra, Iraq | Claim by Iraqi civilian for compensation under Foreign Claims Act for $5,000. Claimant alleges that her husband was shot by stray bullets by US Forces. There were no eyewitnesses and it is unclear who shot at whom. Claim recommended for denial due to insufficient evidence and that the claim arose out of combat activity. No reference to condolence payment. | |
| Army Bates 35490-35490 | Document completely exempted - foreign language text. | |||
| Army Bates 35491-35507 | Army | 06/17/07 | Tikrit, Iraq | Claim by Iraqi civilian for compensation under Foreign Claims Act for an unspecified amount. Claimant alleges that his brother was working at a factory. There was an explosion at the factory. Claimant's brother and others ran from the building. As they ran, US Forces arrived and started firing on those, including claimant's brother, who were running from the building. Claim recommended for denial due to inconsistencies in the dates filed and because it arose out of combat action. No reference to condolence payment. |
| Army Bates 35508-35508 | Completely redacted - foreign language text. | |||
| Army Bates 35509-35509 | Completely redacted - foreign language text. | |||
| Army Bates 35510-35510 | Army | Iraq | Handwritten document concerning the eye color, religion etc of someone. No context. Highly redacted. | |
| Army Bates 35511-35524 | Army | 10/29/07 | Tikrit, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act for death of a child. Claimant alleges that his son was playing at a playground when US Forces helicopters fired on the playground and killed his son. File contains conflicting reports of whether a rocket from a helicopter or some other unidentified object from the sky killed the boy. Claim rejected because of insufficient evidence. No reference to condolence payment. |
| Army Bates 35525-35525 | Completely redacted - foreign language text. | |||
| Army Bates 35526-35540 | Army | 07/09/07 | Mukayshfah, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act for $5,000. Claimant alleges that Coalition Forces began firing randomly while her husband was driving on the highway. He was shot and killed. The story is corroborated by two witnesses. Statement from judge alleges that no car and only a body was found at the scene. Claim is suggested for denial, with a note that the SIGACTS (significant act) database only shows an Improvised Explosive Devise on that date, that it was unusual to have waited 7 weeks to bury the body, and that it appeared that the death certificate might be false. No reference to condolence payment. |
| Army Bates 35541-35553 | Army | 12/11/06 | Owja, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act for $2,500 for death of brother. Claimant alleges that brother was shot while driving to Mosul. The claim was denied because of insufficient evidence. Claimant appealed the decision, but the claim was rejected again because of inconsistent statements and insufficient evidence. Note that no activity in SIGACTs (significant act) database. No reference to condolence payment. |
| Army Bates 35554-35554 | Army | 12/11/06 | Owja, Iraq | Appears to be related to 35541-35553 - Photos of vehicle. |
| Army Bates 35555-35555 | Completely redacted - foreign language text. | |||
| Army Bates 35556-35569 | Army | 09/16/07 | Diyala, Iraq | Claim by Iraqi civilian for compensation under Foreign Claims Act for $2,500. Claimant alleges that Coalition Forces killed her husband during a shoot out with insurgents. Two witnesses stated that victim was shot and killed while driving to work. SIGACTs (significant act) database shows that there was an incident with insurgents that day and that one insurgent was shot and killed. Claimant alleges that she lost her claims card. Claim denied due to insufficient information. No reference to condolence payment. |
| Army Bates 35570-35570 | Completely redacted - foreign language text. | |||
| Army Bates 35571-35581 | Army | 01/30/06 | Al Isaqi, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act for $3,500 for death of son. Claimant alleges that son was in house when Coalition Forces got into a fire fight with Anti-Iraqi Forces. The boy was hit and killed instantly. US Forces took the body and turned it over to the police who brought it to the hospital. Not clear whether claim rejected or accepted and if rejected whether referred to condolence payment. |
| Army Bates 35582-35582 | Completely redacted - foreign language text. | |||
| Army Bates 35583-35620 | Army | 03/11/05 | Isahki, Balad, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant seeks $26,950 for the death of his son and damage to vehicle. The claim is described by the Army Memorandum as follows: "Claimant alleges that his son was killed when US Forces shot at him from a checkpoint. A review of the sigacts reveals that the claimant's son was driving a vehicle towards a checkpoint at a high rate of speed. He ignored signals to stop his vehicle, s osoldiers at the checkpoint opened fire, killing him. The claimant provided corroborating witness statements, photographs, medical reports, a death certificate and a police report with a scene sketch." The claim was suggested for denial as being "involved in a security situation," that is, combat activity. There is a handwritten note in the file where the claim is denied to pay a "goodwill payment" but it is unclear whether such a payment was made. |
| Army Bates 35621-35621 | Army | 03/11/05 | Isahki, Balad, Iraq | Related to 35583-35620--photos |
| Army Bates 35622-35622 | Army | This file is composed of a photograph of a destroyed building. | ||
| Army Bates 35623-35623 | Army | This file is composed of a photograph of a destroyed building. | ||
| Army Bates 35624-35624 | Army | This file is composed of a photograph of a destroyed building. | ||
| Army Bates 35625-35625 | Army | This file is composed of a photograph of a destroyed building. | ||
| Army Bates 35626-35626 | Army | This file is composed of a photograph of a destroyed building. | ||
| Army Bates 35627-35627 | Army | This file is composed of a photograph of a destroyed building. | ||
| Army Bates 35628-35628 | Army | This file is composed of a photograph of a destroyed building. | ||
| Army Bates 35629-35629 | Army | This file is composed of a photograph of a destroyed building. | ||
| Army Bates 35630-35630 | Army | This file is composed of a photograph of a destroyed building. | ||
| Army Bates 35631-35631 | Army | This file is composed of a photograph of a destroyed building. | ||
| Army Bates 35632-35632 | Blank as previously released. | |||
| Army Bates 35633-35633 | Blank--foreign language text. | |||
| Army Bates 35634-35634 | Blank as previously released. | |||
| Army Bates 35635-35635 | Blank--foreign language text. | |||
| Army Bates 35636-35636 | Blank--foreign language text. | |||
| Army Bates 35637-35637 | Blank--foreign language text. | |||
| Army Bates 35638-35638 | Army | This file is composed of a photograph of a destroyed building. | ||
| Army Bates 35639-35645 | Army | 06/19/07 | Al Mafraq, Baqubah, Iraq | Claim by Iraqi civilian for compensation as condolence payment for $2,500. Coalition Forces bombed claimant's neighbor's house, resulting in heavy damage to claimant's house. The roof collapsed and falling debris killed claimant's four children who were sleeping in the bedroom nearest the neighbor's house. CF collected photos several days after the incident. Judge concurs with payment. |
| Army Bates 35646-35655 | Army | 7/15/2007 | Baqubah, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant alleges that US Forces killed his five sons. Claim for $50,000 under FCA. Claimant alleges that during attacks on terrorists in her area, US Forces shot randomly, striking his house and killing her sons. Claimant's request for compensation was denied because the incident arose out of combat activity. |
| Army Bates 35656-35656 | Blank--foreign language text. | |||
| Army Bates 35657-35657 | Blank--foreign language text. | |||
| Army Bates 35658-35658 | Blank--foreign language text. | |||
| Army Bates 35659-35661 | Blank--foreign language text. | |||
| Army Bates 35662-35667 | Army | 07/15/07 | Baqubah, Iraq | This file is composed of investigative notes regarding an incident in Iraq by the "Al-Mufraq Police Station" and the "Baquba Investigative Court." Police Report and Investigative Court describe incident where claimant alleges that during attacks on terrorists in her area, Coalition Forces shot randomly, striking her house and killing her children. It appears that four people were killed. The Investigative Court notes that it is filing a complaint against the Coalition Forces and seeking compensation, though it not clear whether compensation is granted. |
| Army Bates 35668-35671 | Army | 07/15/07 | Baqubah, Iraq | Related to 35662-35667. Autopsy request form for a female Iraqi who died in Baquba, Iraq. |
| Army Bates 35672-35676 | Army | 07/15/07 | Baqubah, Iraq | Related to 35662-35667. Autopsy request form for a female Iraqi who died in Baquba, Iraq. |
| Army Bates 35677-35680 | Army | 07/15/07 | Baqubah, Iraq | Related to 35662-35667. Autopsy request form for a female Iraqi who died in Baquba, Iraq. |
| Army Bates 35681-35687 | Army | 07/15/07 | Baqubah, Iraq | Related to 35662-35667. Death certificate and autopsy request form for a male Iraqi who died in Baquba, Iraq. |
| Army Bates 35688-35700 | Army | 07/15/07 | Baqubah, Iraq | Related to 35662-35667. Death certificate and investigation papers related to July 15 incident in which claimant's children were killed during an attack in their region. |
| Army Bates 35701-35701 | Blank--foreign language text. | |||
| Army Bates 35702-35702 | Blank--foreign language text. | |||
| Army Bates 35703-35703 | Blank--foreign language text. | |||
| Army Bates 35704-35704 | Blank--foreign language text. | |||
| Army Bates 35705-35719 | Army | 07/07/07 | Al-Saida, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant alleges that he drove to the side of the road to let a US Convoy pass but that US Forces then fired at his vehicle, killing his young son. His FCA claim was denied as being related to combat activity. A condolence payment claim was then filed for $2,500, and was approved for payment. |
| Army Bates 35720-35724 | Army | 06/21/07 | Al-Qatoon, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant seeks $16,000 because her house was bombed and destroyed during Operation Arrowhead Ripper. Her husband was killed during the strike. As a result, she has been living with her brother since the strike. Her claim was denied, because the incident arose out of a combat activity. A condolence payment claim was then filed for $2,500, and was approved for payment. |
| Army Bates 35725-35725 | Blank--foreign language text. | |||
| Army Bates 35726-35726 | Blank--foreign language text. | |||
| Army Bates 35727-35734 | Army | 10/11/07 | Diyala, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant seeks $5,000 and states that her husband was killed when Coalition Forces wrongly shot at civilian villagers during a firefight. Her claim was initially denied, because it arose out of combat operations. She is appealing and alleges that her husband supported CF actions against the terrorists, that he did not exhibit any aggression towards CF, and that CF wrongly shot at the group of civilians he was with. Her claim was denies as lacking sufficient evidence that the death arose from the negligence of US Forces. Not clear if referred for condolence payment. |
| Army Bates 35735-35735 | Blank--foreign language text. | |||
| Army Bates 35736-35736 | Blank--foreign language text. | |||
| Army Bates 35737-35738 | Army | 10/12/07 | Iraq | Death certificate for male Iraqi shot in the head and chest. |
| Army Bates 35739-35745 | Army | 06/28/07 | Al-Howaish, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant seeks $7,000 for the death of his wife who was killed during an air strike during Operation Arrowhead Ripper. Claimant's wife and children were trying to get to safety at his wife's parents' house when she was struck by shots fired by Coalition Forces. Claim denied because it arose out of combat operations. Then a condolence claim was filed for $2,500, and was paid. |
| Army Bates 35746-35746 | Blank--foreign language text. | |||
| Army Bates 35747-35747 | Blank--foreign language text. | |||
| Army Bates 35748-35748 | Blank--foreign language text. | |||
| Army Bates 35749-35749 | Blank--foreign language text. | |||
| Army Bates 35750-35750 | Blank--foreign language text. | |||
| Army Bates 35751-35751 | Blank--foreign language text. | |||
| Army Bates 35752-35757 | Army | 12/07/06 | Al-Tahrir, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant alleges that her house was surrounded by Coalition Forces who were conducting searches in the region. Claimant's husband was returning from work at the time and did not know of the search operation. CF shot and killed him as he was returning to his home. Claim denied due to insufficient evidence. Not clear if referred for condolence payment. |
| Army Bates 35758-35768 | Army | 12/07/06 | Al-Tahrir, Iraq | Related to 35752-35757. Report, death certificate, and compensation claim for victim of a random shooting in the Al-Tahrir region. Claimant alleges that she was at home when one of the victim's friends notified her that he had been shot and killed by unknown armed men. Claimant is also seeking compensation for her husband. |
| Army Bates 35769-35778 | Army | 12/07/06 | Al-Tahrir, Iraq | Related to 35752-35757. Ba'quba Investigation Court Documents. Complainant alleges that a fire fight broke out between US Forces and insurgents. Her husband and son were bystanders that got shot and killed by random fire. Complainant seeks compensation and legal action against the shooters. A marriage certificate is also included in the documents. |
| Army Bates 35779-35787 | Army | 12/07/06 | Al-Mafraq, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant alleges that her husband was returning from work when he was caught in a fire fight between Coalition Forces and insurgents. He was shot and killed. Claimant is seeking compensation for the loss of her husband and his income. Claim denied because: lack of evidence that US Forces caused damage/arose out of combat activity. Coroner's report is also included in the documents. No evidence that sent to consideration for condolence payment. |
| Army Bates 35788-35799 | Army | 07/03/06 | Haweja, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant seeks $5,000. Claimant alleges that Coalition Forces in the area were attacked by mortar bombs and started firing randomly in retaliation. Claimant's husband was in a minibus and caught in the fire and killed. Death certificate/identity cards of victims included in documents. Claim was denied as arising out of combat activity. Claim was then considered under the Commanders' Emergency Response Program and a $2,500 condolence payment was paid. |
| Army Bates 35800-35804 | Army | 09/02/07 | Dawajeen Village, Zaghania, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant seeks $6000. Situation is unclear but it seems that claimant's son was killed when returning home. He did not realize he had to stop at the checkpoint, so he was shot by troops while driving. Claim was denied because it arose out of combat operations. Then a condolence payment claim was filed and claimant was paid $2,500. |
| Army Bates 35805-35805 | Blank--foreign language text. | |||
| Army Bates 35806-35806 | Blank--foreign language text. | |||
| Army Bates 35807-35807 | Blank--foreign language text. | |||
| Army Bates 35808-35813 | Blank--foreign language text. | |||
| Army Bates 35814-35826 | Army | 07/14/07 | Shefta Village, Ba'quba, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant seeks $20,000. Claimant alleges that her family was asleep on their roof, when they were awoken by gunshots around 3am. They ran downstairs to see what was happening and heard their neighbor crying outside. The claimant's son ran out to help her when he was shot by Coalition Forces. FCA claim was denied under the combat activity exception. Then a condolence payment claim was filed and claimant was paid $2,500. |
| Army Bates 35827-35827 | Blank--foreign language text. | |||
| Army Bates 35828-35828 | Blank--foreign language text. | |||
| Army Bates 35829-35829 | Blank--foreign language text. | |||
| Army Bates 35830-35830 | Army | 06/24/08 | Handwritten note dated June 24, 2008: "There was a demonstration where [Coalition Forces] started receiving [small arms fire and] rock throwing - CF fired warning shots and smoke - JCC claims 4 injured. Potential this could have happened." Handwritten note dated February 23, 2008: "Approved $2,500 Condolence." | |
| Army Bates 35831-35837 | Army | 08/21/07 | Khalis, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant seeks $10,000. Claimant alleges that his son was killed by a Coalition Forces during a demonstration in Khalis where warning shots were fired at the demonstrators. Claim denied because reports from the incident state that no one was injured or killed in the demonstration. Claimant appeals decision and includes several written accounts that corroborate her story. Unclear what happens with appeal. |
| Army Bates 35838-35842 | Army | 08/21/07 | Al-Khalis, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant alleges that his son was killed by Coalition Forces. The claim is denied as arising out of combat activity. Then a condolence payment claim is filed and claimant is paid $2,500. |
| Army Bates 35843-35851 | Army | 02/26/07 | Al-Ansaf, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. According to the Army Memorandum: "On 26 Feb 07, [Coalition Forces] entered the home of [redacted]. Upon entering his come, CF placed a hood over the Claimant and began questioning him. The Claimant heard gunshots and it was later discovered that his teenage son was killed. CF told the boy to stay still. The boy reached for something under his pillow and was shot by a Soldier from A Company, 1-505 Parachute Infantry Regiment. At the time, the Soldier felt the boy had hostile intent, however, it was later found that there were no weapons in the house." The FCA claim was denied because of the hostile intent shown by the victim. A condolence payment, however, was approved for $2,500. |
| Army Bates 35852-35853 | Army | 11/11/07 | Kirkuk, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act for $2,500. Claimant alleges that Coalition Forces shot her husband using proper Escalation of Force procedures after he turned down an access road to Patrol Base Millet, resulting in his death. Claim denied due to insufficient evidence to suggest that it resulted from non-combat activity or US Forces' negligence. |
| Army Bates 35854-35854 | Army | 2/21/2008 | Iraq | Invoice for $2,500 condolence payment paid out of "FOB Camp Speicher" which is in Iraq, no other information provided. |
| Army Bates 35855-35855 | Army | 6/19/2007 | West Rashid, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Memorandum explains that Coalition Forces were conducting a controlled detonation of a building. They used an interpreter to warn civilians of the danger and to clear out the surrounding buildings. The blast was larger than expected and caused damage to the house behind the targeted building. Claimant's daughter was trapped under the rubble and later died of her injuries. Claimant had not wanted to wake his daughter because he did not believe she would be in the zone of danger. Claim denied, because CF had adequately provided warning to civilians. However, a condolence payment in the amount of $2,500 was approved. |
| Army Bates 35856-35878 | Army | 06/30/07 | FOB Liberty, Iraq | This file is composed of parts of an Army 15-6 investigation. File contains witness statements in regards to an incident involving troops at an Operation Post. They noticed a man come out of his house carrying a rifle. One soldier fired at him, wounding the armed man. They found additional weapons in his house. A medic treated the wounded man and the troops transported him to Riva Ridge Medical Center. No reference to compensation |
| Army Bates 35879-35891 | Army | 06/30/07 | FOB Liberty, Iraq | Related to 35856-35878. Medical reports and interpreter's account of the incident. Medical record shows that he was shot in the back, sustaining severe injuries. The medical efforts of the doctors were unable to save his life. The interpreter's account corroborates the accounts from the documents above. |
| Army Bates 35892-35922 | Army | 06/30/07 | FOB Liberty, Iraq | Related to 35856-35878. Iraqi civilian killed by Coalition Forces when he went outside his home to turn on the generators. According to victim's widow, US Forces soldiers allegedly searched the victim's home, finding AK-47s and a shotgun. They also damaged the family's possessions and stole approximately US$9,000. Included in the documents are Medical Records (Emergency Treatment and Care), Physician Trauma Admitting Record, Request for Release for Uncrossmatched Blood, Death Report, and Convoy List of Remains. |
| Army Bates 35923-35951 | Army | 06/30/07 | Iraq (Camp Liberty) | This file contains exhibits that are composed of mostly witness statements and some pictures relating to an Army 15-6 investigation of the death of an Iraqi civilian. The daughter of a deceased man reports that, on June 30, 2007, her father went outside their house to turn on the generator from 23:00-01:00. At 23:05, with his two daughters and granddaughter inside the house, he was shot. Attached medical records show that he was shot in his upper right back. The daughter reports that the soldiers then entered the house, found weapons, and stole Iraq $3.9 million Dinars and U.S. $9,000. In their statements, the soldiers deny taking anything from the house. Coalition Forces took the civilian to an American hospital, where he died following surgery. The daughter wants damages for the loss of her father and the stolen funds. There is no evidence of any compensation. |
| Army Bates 35952-35983 | Army | 05/22/07 | Iraq (between Forward Operations Base Falcon and Rashid DAC) | This file is composed of an Army 15-6 investigation of the death of an Iraqi civilian. A patrol was traveling north in a southbound lane on the way to Rashid DAC. A soldier was in the turret waving traffic to the shoulder. A white Toyota pickup truck approached a patrol and, after beginning to pull over, darted back into the lane, approaching the patrol head on at about 30 mph. After the driver did not respond to the patrol's siren and horn, a soldier in the lead vehicle decided there was no time for warning shots, fired two shots; one hit the driver of the truck in the head and killed him. Soldiers dispute whether he requested permission to fire. One medic told the investigating officer that the body was not removed for over an hour and a half; another soldier disputes this. No information regarding any claim for compensation. |
| Army Bates 35984-36007 | Army | 05/04/07 | Iraq (District Joint Security Station Adhamiya) | This file is composed of an Army 15-6 investigation into the death of an Iraqi civilian. One half hour after one of the station's gate received small arms fire, the guards observed a car speeding toward the east gate. A PFC attempted to use a handheld green laser to signal the vehicle to stop, but the laser malfunctioned; the sergeant then fired warning shots and, when the vehicle did not change course, ordered the PFC to fire at the vehicle. The deceased, an Iraqi male, received a severe head wound; local nationals pulled him from the car and took him to the hospital where he later died. No information regarding any claim for compensation. |
| Army Bates 36008-36008 | Not clear | Not clear | Not clear | Entire document is redacted for reasons (b)(3), (b)(6), (b)(5). |
| Army Bates 36009-36009 | Not clear | Not clear | Not clear | Entire document is redacted for reasons (b)(3), (b)(6), (b)(5), (b)(2)High. |
| Army Bates 36010-36013 | Not clear | Not clear | Not clear | Entire document is redacted for reasons (b)(3), (b)(6), (b)(5), (b)(2)High. |
| Army Bates 36014-36014 | Not clear | Not clear | Not clear | Entire document is redacted for reasons (b)(6), (b)(5). |
| Army Bates 36015-36019 | Army | 10/12/07 | Kirkuk, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Father submitted a claim that his son was shot by Coalition Forces battling a group that had detonated an explosive and sought $1. The Foreign Claims Commissioner originally denied the claim on October 12 because of insufficient evidence that the death arose from the negligence or wrongful acts of the armed forces, although a $2500 condolence payment was approved on October 15. |
| Army Bates 36020-36037 | Army | 10/12/07 | Kirkuk, Iraq | Related to 36015-36019. This is the Army 15-6 investigations of the October 12, 2007 incident in Kirkuk, Iraq. A captain reports that the first vehicle in a convoy was struck by an explosive device (a sergeant reports that it caught fire), and that the next two trucks in the convoy began firing at a man in black behind a bunker who was trying to escape. The captain then ordered a cease fire, and soldiers discovered the body of a boy in a white shirt. The captain sent a local boy to get the Mukhtar of the village, who brought the boy's mother to claim the body. The man in black was not captured. |
| Army Bates 36038-36040 | Army | 11/06/07 | Forward Operating Base Warrior, Kirkuk, Iraq | Claim by Iraqi civilian for compensation under the Commander's Emergency Response Program (condolence payment). A security detail was driving against traffic, and the lead gunner was waving an orange flag and yelling to direct oncoming traffic out of the convoy's path. A dark blue sedan did not pull over to the shoulder and continued to approach the convoy. The gunner then fired warning shots, which caused the vehicle to stop, but the shots ricocheted into a blue truck following the sedan, killing the individual for whom a $2500 condolence payment was approved. |
| Army Bates 36041-36058 | Army | 12/13/07 | Shakarat Village, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. The claimant filed a claim for 40 million Iraqi dinar ($33,408) for the destruction of his house, asserting that Coalition Forces bombed his house and killed his family. The army concluded that the claim matched an incident where three local nationals, occupying a house used to fire mortars at Coalition Forces, were killed. The initial incident report states that locals began to gather around the remains of the house after it was destroyed. The chief of the Muqdadiyah town council also submitted a plea for the Americans to compensate the owner of the house. The Foreign Claims Commission determined that the claim thus arose from combat and denied the claim. An Army paralegal separately noted that the claimant had been paid through Commander Emergency Response Program (condolence payment). |
| Army Bates 36059-36059 | Not clear | Not clear | Not clear | Excluded with explanation that "previously released." |
| Army Bates 36060-36060 | Army | 12/13/07 | Shakarat Village, Iraq | Related to 36041-36058. One-page memo from US Forces Commander at FOB Normandy, LTC to IP Station at Muqdadiyah regarding the December 13, 2007 claim. The commander states that the house was bombed and the family was killed by mistake. Commander requests that the IP Station "take care of this claim." |
| Army Bates 36061-36062 | Army | 07/01/07 | Between Hawijah and Sherkat, Iraq | Claim b Iraqi civilian for compensation under the Commander's Emergency Response Program (condolence payment). A father was in a taxi with his family traveling to Sherkat. The taxi was involved in an Escalation of Force and the father's son was killed. The Army Foreign Claims Commissioner approved a $2,500 condolence payment. The father's claim for compensation under the Foreign Claims Act is included in file 36063-36064. |
| Army Bates 36063-36064 | Army | 07/01/07 | Kirkuk, Iraq | Related to 36061-36062. Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claim arises from the death of claimant's son on July 1, 2007. The claim includes no additional facts regarding the incident. The Foreign Claims Commissioner denied the claim because of insufficient evidence that the death resulted from non-combat activity or the negligence or wrongful acts of the US Armed Forces. |
| Army Bates 36065-36068 | Army | 7/1/07, 11/13/07, 11/18/07 | Kirkuk, Iraq | Four claims by Iraqi civilians for compensation under the Commander's Emergency Response Program (condolence payments) composed of four payment vouchers. Two record condolence payments for $2,500, each related to an Escalation of Force incident on July 1, 2007. The third voucher is for a $2,500 "martyr payment" to a woman for the death of her husband, arising from an incident on November 13, 2007. The fourth is for a $5,000 payment, $2,500 of which is for a personal injury and $2,500 of which is for vehicle damage, both occurring on August 18, 2007. |
| Army Bates 36069-36086 | Army | 05/08/07 | Al Qodos Village, Hawija, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Coalition Forces searched Al Qodos village, and the claimant's brother was shot, either by soldiers or by an airplane. Claimant sought $2,500 for wrongful death. He died the following day from bleeding in chest, brain, and abdomen. File includes a claim form and statements from a local police investigation. Coalition Forces later apologized to the family. Not clear whether claim granted or denied. |
| Army Bates 36087-36088 | Army | 07/25/06 | Hawija, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claim asserts that the Coalition Forces were setting up an ambush for a vehicle and started shooting. Claimant sought $2,500 for wrongful death. The claim was denied because of insufficient evidence that the incident arose from the negligent or wrongful acts of US Forces. |
| Army Bates 36089-36091 | Army | 07/25/06 | Kirkuk, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant seeks compensation following the death of her husband. He was driving at a high speed, which caused Coalition Forces to follow Escalation of Force procedures and fire disabling shots at his vehicle. One of the rounds hit the woman's husband, killing him. While the Foreign Claims Commissioner found that the claimant did not have a claim under the Foreign Claims Act because the damages were incident to combat activity, a $2,500 condolence payment was approved. |
| Army Bates 36092-36100 | Army | 07/25/06 | Hawija, Iraq | Related to 36087-36088. The claimant notes that her husband, the driver, was shot seven times, but the passenger in the car was unharmed. Coalition Forces searched the car and found nothing. The passenger explains that s/he and the deceased were on their way to go shopping, and that the husband was driving too fast to slow down when they saw Coalition Forces. |
| Army Bates 36101-36104 | Army | 07/01/07 | Hawija, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claim arises from the death of claimant's son. A red sedan with five local nationals passed six other vehicles and approached a US Forces' patrol. The patrol's gunner fired a flare and a warning shot. The US Forces' response is redacted, but the result was that two civilians were killed and one was wounded. The sedan then caught fire. The claim was denied because of insufficient evidence that US Forces acted negligently and/or wrongfully, but a $2,500 condolence payment was approved. |
| Army Bates 36105-36108 | Army | 07/01/07 | Hawija, Iraq | Related to 36101-36104. Claim by Iraqi civilian for compensation under the Foreign Claims Act. This is another claim arising from a death that occurred as a result of the incident on July 1, 2007, in Hawija. The incident description and conclusions are identical to the other claim. |
| Army Bates 36109-36111 | Army | 07/22/07 | Hawija, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. A woman submits a claim following her husband's death. He was driving a car with his wife and two other passengers. The car stopped, turned off its lights, and one of the passengers exited. After about a minute, US Forces "engaged." The passenger got back in the car, which attempted to flee. US Forces continued to engage, causing the driver to lose control of the vehicle and killing him. The wife may have also been injured (the details are redacted), but the other two passengers were unharmed. The FCA claim was denied because of insufficient evidence that the incident arose out of the negligence and/or wrongful acts of the US Armed Forces, but a $2,500 condolence payment was approved. |
| Army Bates 36112-36114 | Army | 11/08/07 | Hawija, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Iraqi man submits claim for the death of his son, who was killed by Coalition Forces' mortar fire. On the day of the incident, US Forces reported being fired upon and returned fire, killing one local national and wounding four. The claim was denied because of insufficient evidence that the incident arose out of the negligence and/or wrongful acts of the US Armed Forces, but a $2,500 condolence payment was approved. |
| Army Bates 36115-36118 | Army | 08/06/07 | Hawija, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Iraqi man submits claim for the death of his wife. He was in a truck with his mother, his wife, and their two children driving toward a patrol. The truck pulled around 15-20 cars that were stopped and did not respond when the patrol fired a boat flare and a shot in the road in front of the vehicle. The patrol's gunner then fired to disable the vehicle. One round killed one of the women in the vehicle, and the vehicle then stopped. The claim was denied because of insufficient evidence that the incident arose out of the negligence and/or wrongful acts of the US Armed Forces, but a $2,500 condolence payment was approved. It is somewhat unclear whether the claimant's wife or mother died; Item 1 on the condolence memorandum says that the payment is for the claimant's mother's death, but the table in Item 3 indicates that the payment is for the death of the claimant's wife. |
| Army Bates 36119-36122 | Army | 07/26/07 | Kikurk, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. A man claims that his relative, a contractor for US Forces (Forward Operating Base Bernstein) was killed by a small arms attack while driving to work. Two separate forms list different reasons for the denial of the claim: the project worksheet says that the damages were incident to combat, and another form says that that there was insufficient evidence that the incident arose out of the negligence and/or wrongful acts of the US Armed Forces. A condolence payment of $2,500 was approved. |
| Army Bates 36123-36126 | Army | 07/15/07 | Kirkuk, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Haji Ibrahim Abdin claims that his relative was killed in an Escalation of Force incident with "3-7 FA." Two separate forms list different reasons for the denial of the claim: the project worksheet says that the damages were incident to combat, and another form says that that there was insufficient evidence that the incident arose out of the negligence and/or wrongful acts of the US Armed Forces. A condolence payment of $2,500 was approved. |
| Army Bates 36127-36128 | Army | 06/19/07 | Unclear, Iraq | Claim by Iraqi civilian for compensation. Memorandum from Administrative Law Attorney to the Commander of Contingency Operating Base Speicher in Tikrit, Iraq, reviewing a request for a battle damage payment and recommending a $10,000 payment to an Iraqi civilian, whose claim under the Foreign Claims Act was denied because the damages arose incident to combat. On June 19, 2007, Coalition Forces engaged in strikes during Operation Arrowhead Ripper, which killed two of the claimant's daughters and injured his son. His house and two cars were also significantly damaged. The memo notes that the claimant had already received $5,000 for the death of his two daughters (likely a condolence payment). The author recommended the $10,000 payment, the maximum allowable for "extraordinary cases," because the claimant's house and two cars were destroyed. |
| Army Bates 36129-36138 | Army | 06/19/07 | Diyala Province, Iraq | Related to 36127-36128. This is the intake record and claim form from the June 19, 2007, incident in which the civilian's daughters were killed, his son was injured, and his house and two cars were destroyed. On that day, US Forces confirmed that the house was a target, and 3 "JDAMS" were dropped, two of which hit the house. After US Forces observed additional people entering the house, they fired four rounds. A second target house was also identified and US Forces shot three missiles and 130 rounds of ammunition at this target. The claim was denied because the damage was incident to combat. |
| Army Bates 36139-36145 | Unclear | Unclear | Unclear, Iraq | Miscellaneous records, including a report from Al Mafraq police station regarding individuals killed by Coalition Forces fire; much of the report is redacted as foreign language text. There is also a report of two destroyed cars. |
| Army Bates 36146-36146 | Unclear | Unclear | Unclear | Redacted - foreign language text. |
| Army Bates 36147-36150 | Unclear | Unclear | Unclear | Miscellaneous records, including a page redacted as foreign language text and three photographs of a collapsed structure. There is also a car in the rubble. |
| Army Bates 36151-36151 | Army | 06/19/07 | Diyala Province, Iraq | Related to 36127-36128. This is a document from the 1st Armored Division regarding a battle damage payment and recording that three officers concurred that a $10,000 payment in compensation for the damage to the claimant's house and two cars. The form states that there was a "reasonable likelihood" that Coalition Forces' strikes caused the damage. |
| Army Bates 36152-36152 | Army | 12/17/06 | Iraq | Claim by Iraqi civilian for compensation. Memorandum from Administrative Law Attorney to the Commander of Contingency Operating Base Speicher in Tikrit, Iraq, reviewing a request for a battle damage payment and recommending a payment of $7,500 to replace a truck destroyed in an Escalation of Force Incident. The claimant and his brother used the truck for commercial purposes, and the brother was killed while driving the truck. The claimant received $2,500 for the death of his brother (a condolence payment) and requested $15,000 to replace the Mercedes Benz truck. Because market value of a similar commercial truck is $7,500, the attorney recommended a $7,500 payment. |
| Army Bates 36153-36154 | Army | 05/08/07 | Hawija, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. The claimant asserts that a Coalition Forces helicopter opened fire on and killed his brother during a Coalition Forces raid on their village. The claim was denied because of insufficient evidence that the claim resulted from non-combat activity or arose out of the wrongful and/or negligence acts of the US Armed Forces. |
| Army Bates 36155-36155 | Unclear | Unclear | Unclear | Entire document is redacted for reasons (b)(3), (b)(6), (b)(5), (b)(2)High. |
| Army Bates 36156-36163 | Army | 06/27/07 | Al Khalis -- Naai road, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. The claimant's husband was shot while walking on a "general street." She described her husband as a member in a group that supported the Coalition Forces. She submitted two witness statements in support of her claim. In September 2008, the Army denied her claim because it concluded that the death was the result of insurgent acitvities. Upon reconsideration, the Army concluded in December 2008 that the death was caused during combat activity and recommended denial of the FCA claim, but recommended making a $2,500 condolence payment. The file also includes a letter denying the FCA claim for five separate reasons: lack of evidence, lack of evidence that US Forces caused the damage, evidence shows that damage was caused during combat, and evidence shows that "the damage was caused by your own negligence or wrongdoing." The captain who signed the letter did not appear to distinguish among the reasons, and left the additional "Other" field without filling in the accompanying blank. |
| Army Bates 36164-36164 | Army | 06/27/07 | Al Khalis -- Naai road, Iraq | Related to 36156-36163. This is a reproduction of the two witness statements that were included in that document. The witnesses attest that the claimant's husband supported the Coalition Forces against terrorist groups and was shot while walking in the village. |
| Army Bates 36165-36165 | Unclear | Unclear | Unclear | Redacted - foreign language text. |
| Army Bates 36166-36166 | Unclear | Unclear | Unclear | Redacted - foreign language text. |
| Army Bates 36167-36167 | Unclear | Unclear | Unclear | Redacted - foreign language text. |
| Army Bates 36168-36168 | Unclear | Unclear | Unclear | Redacted - foreign language text. |
| Army Bates 36169-36169 | Unclear | Unclear | Unclear | Redacted - previously released. |
| Army Bates 36170-36170 | Unclear | Unclear | Unclear | Redacted - previously released. |
| Army Bates 36171-36171 | Unclear | Unclear | Unclear | Redacted - previously released. |
| Army Bates 36172-36172 | Unclear | Unclear | Unclear | Redacted - previously released. |
| Army Bates 36173-36176 | Army | 06/12/07 | Unclear, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant's young son was killed after a rocket fired by a US helicopter hit the family's home. Claimant's other son also made a statement. The file also includes a letter denying the FCA claim for five separate reasons: lack of evidence, lack of evidence that US Forces caused the damage, evidence shows that damage was caused during combat, and evidence shows that "the damage was caused by your own negligence or wrongdoing." The captain who signed the letter did not appear to distinguish among the reasons, and left the additional "Other" field without filling in the accompanying blank. |
| Army Bates 36177-36177 | Unclear | Unclear | Unclear | Redacted - foreign language text, (b)(6). |
| Army Bates 36178-36178 | Unclear | Unclear | Unclear | Redacted - foreign language text, (b)(6). |
| Army Bates 36179-36179 | Unclear | Unclear | Unclear | Redacted - foreign language text, (b)(6). |
| Army Bates 36180-36180 | Unclear | Unclear | Unclear | Redacted - foreign language text, (b)(6). |
| Army Bates 36181-36181 | Unclear | Unclear | Unclear | Redacted - foreign language text, (b)(6). |
| Army Bates 36182-36194 | Army | 08/08/05 | Mosul, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant's father was driving to work when he encountered US Forces. The soldiers motioned for the father's vehicle to stop and shot and killed him when he did not. Claimant asked for compensation for his father's death and for the $1,744 of damage caused to the vehicle. The Foreign Claims Commission found that the evidence supported the claim and recommended a $1,500 payment. Attorney notes suggest that claimant received $1,500 under the FCA. There is also a record of a $2,500 condolence payment. |
| Army Bates 36195-36195 | Unclear | Unclear | Unclear | Redacted - foreign language text, (b)(6). |
| Army Bates 36196-36197 | Unclear | Unclear | Unclear | Miscellaneous record - the first page is a photo montage of a van with marks from gunshots on its windshield and with loose wires dangling in its front interior. The second and third pages are redacted as foreign language text, b(6). |
| Army Bates 36198-36198 | Unclear | Unclear | Unclear | Redacted - foreign language text, (b)(6). |
| Army Bates 36199-36211 | Army | 10/11/05 | Al Zuhor, Mosul, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant sought to recover $5,000 for her husband's death and the loss of their vehicle. Claimant's husband encountered US Forces, Stryker vehicles in blocking position, while driving, stopped, and reversed. US Forces began to shoot at him. The car caught on fire and the claimant's husband burned to death. Claimant also submitted a fire department report, a police report, a will, and a death certificate. The Foreign Claims Commission found that the evidence supported the claim. A Commander's Emergency Response Program memo of understanding issued a $2,500 condolence payment on June 25, 2006. |
| Army Bates 36212-36214 | Army | 10/29/05 | Mosul, Iraq | Most of the record is redacted, but one page contains a letter seeking compensation for damage caused to a car by US Forces. |
| Army Bates 36215-36217 | Unclear | Unclear | Unclear | Photos of heavily damaged car with its front crumpled, its seats, wheels, lights, and all windows missing. |
| Army Bates 36218-36230 | Army | 12/21/05 | Unclear | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant's son was walking to a shop when an engagement between Anti-Iraqi Forces and US Forces broke out, and he was killed. Claims research notes recommend denying the claim because the evidence does not establish whether US Forces or AIF shot claimant's son and because of the possibility that the claimant's son was a member of the AIF. Claimant's mother found her son still lying on the ground several hours after he was shot. The claims chronology sheet states that soldiers later visited claimant's home to apologize. Significant Activity records US Forces lists all of the dead and wounded (four in total) as AIF members. A Commander's Emergency Response Program memo of understanding issued a $2,000 condolence payment for claim 349 on June 26, 2006. |
| Army Bates 36231-36237 | Army | 12/20/05 | Hay Al Jamea, Iraq | Miscellaneous records possibly related to 36218-36230. Victim was shot five times in his back. One witness attests that he had left his home to buy supplies for school. Mother's statement says that another individual told her he was on a motorcycle with her son, and that, upon hearing gunshots, her son ran into a side street. |
| Army Bates 36238-36249 | Army | 06/22/07 | Kirkuk, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant attests that a Coalition Forces helicopter was pursuing insurgents and wrongfully hit his house with two missiles, killing one of his daughters and injuring another. Record also includes translation of a male's and a female's identification cards, a memo from Alyrath police station stating that one individual was wrongfully killed by Coalition Forces, a witness statement certifying that a Coalition Forces helicopter shot two missiles at a house, killing a nine-year-old girl and injuring her eight-year-old sister, and certificate from the Medical Committee of Kirkuk's Public Health Office stating that one individual was hemorrhaging and required surgery outside of Iraq. File does not include disposition of claim. |
| Army Bates 36250-36250 | Unclear | Unclear | Unclear | Redacted - foreign language text, (b)(6). |
| Army Bates 36251-36266 | Army | 01/15/06 | Bab Al Jadid, Mosul, Iraq | Claim by Iraqi civilian for compensation (basis unspecified, but likely under the Foreign Claims Act). Claimant states that his daughter was killed in an automobile accident with a Humvee (HMMWV). The claims research recommended a $2,500 payment. The HMMWV was the lead vehicle in a convoy traveling on the left side of the road. The gunner on the vehicle fired warning shots at an approaching Iraqi vehicle and the two vehicles then collided head-on. Four of the five Iraqi civilians in the car died, as did the gunner. A series of emails records that condolence payments of $2,500 per civilian were made. The father of one of the deceased civilians felt that this was not enough to support young children for whom he is now responsible, and the Army encouraged him to file a claim. |
| Army Bates 36267-36267 | Unclear | Unclear | Unclear | Redacted - foreign language text, (b)(6). |
| Army Bates 36268-36279 | Army | 08/24/05 | Near Zahrwey Hospital, Iraq. | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Claimant's wife was killed by a US Forces helicopter during an air attack when the helicopter shot at the car in which she was traveling on her way to work at a bank. Another civilian in the car was also killed. Claimant sought $5,000 but received condolence payment of $2,500. |
| Army Bates 36280-36289 | Army | 08/24/05 | Al Masaraf, Iraq | Related to 36268-36279; it is unclear whether this is a claim to recover for the same civilian's death described above. Claimant is the father of a female who was killed when, as described above, a US Forces helicopter shot the car in which she was traveling. There were five people in the car, two of whom died. One of the surviving passengers said that the helicopter shot a rocket which hit a wall, and the explosion from the rocket killed the claimant's daughter. |
| Army Bates 36290-36298 | Army | 4/28/2005 or 8/24/05 | Unclear, Iraq | Possibly related to 36268-36279 and 36280-36289. Claim by Iraqi civilian for compensation under the Foreign Claims Act. The memorandum for the Chief of Claims states that the claimant's daughter was killed by gunfire on April 28, 2005, and recommends denying the claim. The Band of Brothers Claims form states that the claimant's daughter was driving to work as a passenger in a car when a helicopter shot at the vehicle while it was stopped at a traffic light. The helicopter missed, but the daughter was killed by shrapnel. Two witness statements, death report, and police report describe an incident on August 24, 2005 with the same facts as the two claims above. Claimant first filed claim with Iraqi Police and was then told to file with Coalition Forces. |
| Army Bates 36299-36310 | Army | 4/28/2005 or 8/24/05 | Unclear, Iraq | Related to claim 36290-36298. Identical records as above, with additional pages whose content is redacted. |
| Army Bates 36311-36324 | Army | 10/25/05 | Mosul, Iraq | Claim by Iraqi civilian for compensation (basis unspecified, but likely Foreign Claims Act). Claim arises from the death of claimant's son. According to witness statements from the claimant and the brother of the deceased, when their son/brother did not return home, the family searched and found him dead in his burned-out car. The memorandum for the Chief of Claims states that an Improvised Explosive Devise was found in the trunk of the car. Claim denied on the grounds that the evidence showed that the damage was caused during combat and by civilian's own negligence/wrongdoing, as well as "terrorist activity." Record also includes photographs of destroyed car. No record of any condolence payment. |
| Army Bates 36325-36328 | Unclear | Unclear | Unclear | Miscellaneous record including photographs of a destroyed car. |
| Army Bates 36329-36339 | Army | 09/15/05 | Hai al Wehdah neighborhood, city unclear, Iraq. | Claim by Iraqi civilian for compensation (basis unspecified, but likely Foreign Claims Act). Claimant reports that he was driving with his son and pulled over when he saw a US Forces vehicle, which opened fire and shot and killed the son. $2,500 condolence payment approved. |
| Army Bates 36340-36343 | Unclear | Unclear | Unclear | Redacted - (b)(3), (b)(6), nonresponsive. |
| Army Bates 36344-36349 | Unclear | May 2006 (date unclear) | Unclear, Iraq | Miscellaneous record includes a death certificate for a woman who died on May 7, 2006 as a result of shrapnel and a statement from a civilian that Iraqi police raided his house. He told the police that his neighbors were terrorists. The police left after three hours, at which point US Forces bombed his house and launched an air strike against his neighbor's house. Record also includes photographs of the interior and exterior of a bombed-out house. |
| Army Bates 36350-36351 | Unclear | Unclear | Unclear | Miscellaneous record showing photos of three dead civilians, including one woman and one child, inside a house. |
| Army Bates 36352-36365 | Army | 5/6/05-5/7/05 | Al Kefa, Iraq | Claim by Iraqi civilian for compensation under the Commander's Emergency Response Program (for a condolence payment). Claimant seeks compensation for the deaths of his wife, sister, and uncle, who were killed in an incident where between twelve and fourteen others were injured, including children, after Iraqi police told US Forces that terrorists were in his uncle's house. US Forces then attacked the house with tanks and a helicopter. Two houses were also destroyed. Memorandum for Chief of Claims recommends denying claim and paying $250 in condolence payment. |
| Army Bates 36366-36381 | Army | 11/25/05 | Mosul, Iraq | Claim by Iraqi civilian for compensation under the Foreign Claims Act. Memorandum for Chief of Claims recommended denying claim and noted that $4,500 in condolence payment through the Commander Emergency Response Program was paid. Claimant is the mother of deceased. She and her son were driving in front of a US Forces convoy when the convoy's gunner shot her son in the head. Memorandum for Chief of Claims notes that son was shot after he refused to yield. |
| Army Bates 36382-36386 | Unclear | Unclear | Unclear | Miscellaneous record including photographs of a car with bullet holes in its windshield and its front bumper missing. |
| Army Bates 36387-36395 | Army | 05/02/05 | Sinaa, Mosul, Iraq | Claim by Iraqi civilian for compensation under the Commander's Emergency Response Program (for condolence payment). Claimant's father was walking to get ice cream when he was shot in the back by US Forces. $1,000 condolence paid. |
| Army Bates 36396-36405 | Army | 02/13/05 | Mutanna, Mosul, Iraq | Claim by Iraqi civilian for compensation under the Commander's Emergency Response Program (for condolence payment). Claimant seeks compensation for the death of her husband, who pulled over in his car when he saw Coalition Forces. An Improvised Explosive Devise then went off and Coalition Forces started shooting with the insurgents and the claimant's husband was shot in the chest. Claimant, her daughter, and husband's uncle and sister-in-law were in the car. Claimant also sought $200 for damage to the dashboard and windshield of the vehicle. Record includes photographs of the car showing windshield and dashboard damage. $1,700 condolence payment paid. |
| Army Bates 36406-36421 | Army | 08/07/05 | Sinaa, Mosul, Iraq | Claim by Iraqi civilian for compensation under the Commander's Emergency Response Program (for condolence payment). The claimant's husband was shot in the neck while driving during a gun battle between Coalition Forces and Anti-Iraqi Forces. Witness statements from the husband's wife, sibling, and parent state that the husband had left his shop to buy something when he was killed. The claimant had no claim for vehicle damage because she could not provide any proof of ownership of the car. Much of the record is redacted as foreign language text, (b)(6). $500 condolence payment paid. |
| Army Bates 36422-36422 | Unclear | 10/06/07 | Balad, Iraq | Claim by Iraqi civilian for compensation (unclear under what basis) following the death of one daughter and the injury of another. US Forces patrol started shooting at the two girls when they were just outside the door to the house. One was killed by gunshots to her stomach and leg. The other was shot in her right arm. US Forces took the injured daughter to a hospital in a helicopter. |
| Army Bates 36423-36423 | Army | 10/05/07 | Iraq | Claim by Iraqi civilian under the Foreign Claims Act for $5,000, on behalf of his two daughters who were mistakenly identified as combatants and shot. One daughter was wounded; the other killed. Memorandum by a Military Paralegal to the Commander, 2d Stryker Cavalry Regiment, recommends approval of the claim. Not clear whether actually approved and paid. |
| Army Bates 36424-36428 | Army [I/3/2/ Senior Command Representative (SCR) Information Systems Officer (ISO) "Raider Harvest" of Iron Company 3/2d] | 01/13/08 | Iraq | Claim by "Mrs. Ahmed," an Iraqi civilian, under the Foreign Claims Act on behalf of her herself and four children. One child (a daughter) was killed, three other children were injured, and her house damaged when a mortar landed near "Mrs. Ahmed's" home at 2:30 am when the family was sleeping. Memorandum by a Military Paralegal to the Commander, 2d Stryker Cavalry Regiment, recommends denial of the claims as the SCR was firing mortars during combat operations as a terrain denial mission. The "late report" indicates that nine total rounds were called but two were observed short and misfired. [36428.pdf] The Military Paralegal further recommends that "Mrs. Ahmed" not be reimbursed under the Commander's Emergency Response Program ("CERP") (condolence payment) as the family previously received a payout of $12,500 on January 15, 2008. |
| Army Bates 36429-36429 | Related to 36424-36428. Repeat of document 36428. | |||
| Army Bates 36430-36430 | Related to 36424-36428. Appears to be report by the Muqdadiyah investigation judge in which "Mrs. Ahmed" lodged her complaint and stated that US Forces "confessed for [the] accident [that killed her daughter." Report also states that "Mrs. Ahmed's" daughter's death certificate states that the manner of death was "insurgency accident." | |||
| Army Bates 36431-36431 | Related to 36424-36428. Repeat of document 36428. | |||
| Army Bates 36432-36447 | Army [Task Force 6-9 Calvary] | 07/28/07 | Iraq, Diyala Province, Town of Sa Reaha, main road in the Siriha area | Claim by Iraqi civilian, under the Foreign Claims Act for $5,000, on behalf of her husband who was shot and killed in his vehicle, a grey Dawoo, while driving home with his son. The Muqdaduyah investigation report states that US Forces fired three shots at decendent's vehicle while he was on the main street in front of his home. The gunshots struck the vehicle's radiator, front windshield and tires. The son reported that US Forces fired the shots after they had passed the decendent's vehicle. The Memorandum by a Military Paralegal to the Commander, 2d Stryker Cavalry Regiment, recommends denial of the claim as the decedent "may have been killed by US Forces engaged in combat." The Military Paralegal also noted that it was "possible" that the decendent was killed in the crossfire of US forces involved in firefights near the vicinity where the decendent was killed. The Military Paralegal further recommends that the claim may be payable under the Commander's Emergency Response Program ("CERP") (condolence payment). |
| Army Bates 36448-36452 | Army | 08/28/07 | Iraq, Muqdadiyah, Abu Dihn | Claim by Iraqi civilian, under the Foreign Claims Act for $5,000 on behalf of his wife who was killed when mortar rounds landed near a canal where she was washing her clothes. The decedent's husband reported that the mortar also destroyed his home. The resolution of the claim is not listed in the file. |
| Army Bates 36453-36453 | Army | 11/11/07 | Iraq, Rivadh/ Rivadh/ Intersection | Claim by Iraqi civilian under the Foreign Claims Act and the 1st Battalion, 87th Infantry Commander's Martyr Fund for $2,500, on behalf of his father, who was killed, and his mother, who was injured in the incident. The descendent was shot in his vehicle as he was turning on the access road to the Patrol Base Millet. Correspondence by claimant to Commander of FOB McHenry. The resolution of the claim is not listed in the file. |
| Army Bates 36454-36454 | Related to 36453-36453. Memorandum to Brigade Commander for the 1st Battalion, Mountain Division from a Claims Attorney. | |||
| Army Bates 36455-36455 | Related to 36453-36453. Document largely illegible. | |||
| Army Bates 36456-36476 | Army | 08/15/07 | Iraq, Himbis, village of Mugdadia | Claim by an Iraqi civilian, under the Foreign Claims Act for $16,500, on behalf of his son, his daughter-in-law and their five children (3 males, 2 females) who were killed when Coalition Forces dropped a bomb on the family's home at approximately 2:00 am when the family was sleeping. Only a son of the descendent survived the incident but was injured. The family's home was also completely destroyed (photographs of the home included in documents at 36476.pdf). The claim was denied as the Army determined that the residence was bombed during "Operation Arrowhead Ripper" and arose "'directly or indirectly' from combat activities." |
| Army Bates 36477-36477 | Army | 06/19/07 | Iraq | Commander's Emergency Response Program Payment, condolence payment, for $10,000 made to Iraqi civilian whose 2 daughters were killed, and a son injured when Coalition Forces engaged in "Operation Arrowhead Ripper" struck the claimant's home, which was also damaged. The 3-1 CAV Commander recommended the payment "in recognition for the damage to his house and two cars" [but not the loss of his children]. |
| Army Bates 36478-36524 | Army | 09/19/06 | Iraq, near Baghdad | Claim by an Iraqi civilian, under the Foreign Claims Act for $10,000 on behalf of his mother, who was shot in the chest and killed, and himself for damage to his vehicle. The incident occurred when Coalition Forces "randomly opened fire" on the claimant while he was driving his pickup truck home from Baghdad. Photographs of the pickup truck and accident scene included in documents (36501.pdf - 36524.pdf). Claimant was paid $5,000. |
| Army Bates 36525-36528 | Army | 07/25/06 | Iraq, Ramidi, Ramidi | Claim by an Iraqi civilian, under the Foreign Claims Act for $2,500 on behalf of his wife who was shot and killed when Coalition Forces opened fire on a street in Iraq. The resolution of the claim is not clear from the file. |
| Army Bates 36529-36533 | Army | 11/25/06 | Iraq, near power station in Sufia | Claim by an Iraqi civilian, under the Foreign Claims Act for $13,000, on behalf of his wife and son, who were shot and killed, and himself for property damage to his van. The family's vehicle was shot at purportedly during a melee that followed an Albu Soda Taliban attack. Claimant was paid a total of $4,000. |
| Army Bates 36534-36537 | Army | 05/18/06 | Iraq, Ramadi | Claim by an Iraqi civilian, under the Foreign Claims Act on behalf of his wife and daughter who were shot and killed on the street in Ramadi while walking home from the Alizah Primary School. The decedents were killed by Coalition Forces who "randomly in a heavy way" opened fire on the street. Commander's Emergency Response Program Payment (condolence payment) Packets form by Army states "SIGACT matches story. Looks like a good claim." However, the resolution of the claim is not listed in the file. |
| Army Bates 36538-36539 | In re a condolence payment but file mostly redacted and listed as "previously released." | |||
| Army Bates 36540-36543 | Army - 1-7 Calvary | 09/25/07 | Unknown | Condolence payment request notes. Memoranda discusses condolence payments related to death of local national killed on September 25, 2007, by the 1-7 Calvary (payment recommended by Squadron Commander) and death of combatant by the 2-5 Calvary due to combat ops on September 23, 2007. |
| Army Bates 36544-36545 | Army - A/1-38 IN | Unknown/unclear | Unknown/unclear | Commander's Emergency Response Program, condolence payment, and claims request notes. Memoranda indicates that the family "who lived in the house behind the controlled det[anation] site" was paid $2,500 for the death and $25. The $25 appears to be for property damage. |
| Army Bates 36546-36552 | Army | 06/28/06 | Iraq | Memorandum re Informal Commander's Inquiry dated June 28, 2006 (document is heavily redacted). Memo details the death of a non-combatant by a Sergeant. The non-combatant was killed after he "had been popping his head over the wall looking very suspicious." |
| Army Bates 36553-36558 | Document completely redacted. | |||
| Army Bates 36559-36571 | Army - "Charlie Company" | 11/26/07 | Iraq, Bayji | Memorandum re Escalation of Force/Three Non Combatant Deaths dated January 17, 2008, (document is heavily redacted). Memo details the deaths of three Iraqi nationals, a grandfather, father and son who were fired upon in a pickup truck. After the initial shots were fired, the passenger (likely the grandfather) exited the vehicle and attempted to hide in a ditch nearby where he was further fired upon until he was killed. The driver of the vehicle (likely the father) was killed inside the vehicle and the child was critically wounded (he was airlifted to a medical facility but later died). The incident outlined in the memo was purportedly reported in the press and "received interest through MNF-I Commander level." The descendants' family received a payout of $8,500 from the Commander's Emergency Response Program (condolence payment). |
| Army Bates 36572-36573 | Army - 2-12 Calvary | 07/17/07 | Unknown | Note regarding the death of four local nationals, two adults and two children, during an escalation of force near an Improvised Explosive Devise site. A BMW with the decedents was fired upon, caught fire and incinerated. Note inquires whether a Commander's Emergency Response Program (condolence) payment will be made to the family and lack of success getting contact information. |
| Army Bates 36574-36589 | Related to 36559-36571. Sworn Statements by Army personnel regarding the incident. | |||
| Army Bates 36590-36591 | Army | 09/06/07 | Unknown | Note regarding recommendations for the 2-2 SCR local national death in combat operations. Recommendation fully redacted. |
| Army Bates 36592-36592 | Army | 06/30/07 | Iraq, Military Tower | Note inquiring whether a condolence payment would be made to the driver of the truck that was killed during the escalation of force at Military Tower. Actual resolution not listed in file. |
| Army Bates 36593-36600 | Army | 07/27/05 | Iraq, Kerbala (near Girnata primary school) | Claim by an Iraqi civilian, under the Foreign Claims Act on behalf of his son who was struck by a truck and killed when the child went to go get candy and toys being given out by US soldiers. Claimant was paid $1,000 as a "[s]ympathy payment for death of son [REDACTED] during handouts of gifts and candy[.]" |