Feral Jundi

Monday, February 28, 2011

Legal News: Fitzsimons Gets Life Sentence In Iraq, Escaping Hanging

     Interesting verdict. Thanks to Carmen for giving me the heads up on this story and this is hopefully the final chapter on a very tragic incident.

     This is also significant because this is the first Western contractor to be prosecuted and convicted of a crime in Iraq. –Matt

UK contractor gets life sentence in Iraq, escaping hanging

February 28, 2011

An Iraqi judge sentenced a British contractor to life in prison Monday, sparing him the death penalty.

Daniel Fitzsimons, 30, was charged with murder in the 2009 shooting deaths of two colleagues in Baghdad, in the first trial of a Westerner in Iraq since the Iraq War started in 2003.

He pleaded not guilty, telling a three-judge panel that he shot the two men in self-defense.

The judge who sentenced him said he didn’t give him the death penalty “because you’re still young and because of the circumstances of the crime,” he said.

Fitzsimons smiled and thanked the judge when he heard the verdict Monday.

The victims were Paul McGuigan, a British national, and Darren Hoare, an Australian. Fitzsimons was also accused of the attempted murder of a guard.

(more…)

Wednesday, October 7, 2009

Legal News: A Scuffle Between Security Contractors and Iraqis in the Green Zone

Filed under: Iraq,Legal News — Tags: , , , , — Matt @ 11:47 AM

The New York Times editorial board has called the SOFA’s exclusions of protection for contractors “an acceptable price to pay to show this country’s commitment to the rule of law.” A diplomatic concession that blatantly and offensively treats one class of American citizen differently than others hardly demonstrates the U.S. commitment to the rule of law.

What it does demonstrate is that the U.S. government was eager to get a SOFA signed, so as to claim progress on the path to Iraqi sovereignty. To get it signed, the U.S. government made an enormous concession as to the due process rights of one currently unpopular class of its citizens: contractors. By so conceding, we achieved a document we can point to and claim that Iraq is sovereign. Iraqi sovereignty was our stated goal in Iraq. This SOFA is just one last way for us to wave a “Mission Accomplished” banner. –Tara Lee, From the Jurist

*****

   The other day, I was trying to get Tara Lee’s opinion about what is going on here legally.  What are the laws and basic human rights violated in this incident, that would fall under either the SOFA or UCMJ?  My guess is that there isn’t much these guys can do, and I really haven’t seen any new interpretations of the SOFA or UCMJ as it applies to contractors. Tara was one of the few that really had this stuff nailed during the time we signed the SOFA, and she was a lone supportive voice in the sea of negativity regarding what security contractors do.

(more…)

Wednesday, August 12, 2009

Industry Talk: Justice in Iraq, Contractors with PTSD and Taking Care of Our People

     Mr Fitzsimons posted details about his military past on a Facebook page set up to honour fallen service personnel. He tells of his time in 2 Para and his 3½ years in private security work. He advises soldiers in Iraq and Afghanistan: “Stay safe and to those who will return to fight a different battle … A war inside your head.” 

   Ever since this story came out in regards to the Armor Group shootings and this Fitzsimons guy, I have been thinking about the FJ point of view on this.  More specifically, the Jundism point of view.  The one thing I keep coming back to as far as the correct point of view, is ‘have the courage to do what is right’ or in the case of this story, have the courage to say what is right.

   Even though this guy killed two of his comrades in cold blood, as well as wounding an Iraqi, I think what is even more important out of all of this, is that Mr. Fitzsimons gets a fair trial in Iraq.  And if he cannot get a fair trial there, then I think it would be better to get him back to the UK to try him.  I want justice, as do most, but I do not want to witness something that is even more ‘ugly’ and vile.  So the question is, would he get a fair trial in Iraq?

   Undoubtedly, contractors are not liked in Iraq, and it would not surprise me that he would be given a death sentence in Iraq.  And you know, the death sentence is a part of the Iraqi justice system (they have hanged quite a few guys, to include Saddam).  It’s just that in this case, Fitzsimons killed an Australian and a Briton, and wounded an Iraqi, while in Iraq.  I guess he would fall under the laws of Iraq, based on the SOFA agreement, but there is an argument that he should fall under British law or even UCMJ, if he was under contract through a DoD gig.  I don’t know, but I do know that the imagery of a contractor hanging from the gallows of Iraq would be quite the message.  Not only to the industry but to the public and especially to Iraqis.  That message is another area we need to go over.

(more…)

Monday, July 20, 2009

Legal News: CTU Update–Americans Held in Iraq: FBI Violated Rights

Filed under: Legal News — Tags: , , , , , — Matt @ 2:55 PM

   Glad to hear that these guys are out finally, and what a crappy deal. –Matt

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Americans held in Iraq: FBI violated rights

July 20, 2009

Bill Gertz

For more than a month, two U.S. citizens who worked for contractors in Iraq were held in prison with no formal charges against them.

They were pressed to sign an Iraqi government statement but refused, their attorneys say, and waited 43 days for their day in court before being released on bond after a hearing in Iraq’s Central Criminal Court over the weekend. Yet their attorneys say they still do not know specifically why they were detained.

The men weren’t being held by Iraqi authorities but rather by the FBI in a U.S. military prison, prompting allegations from their attorneys that American due-process laws weren’t being followed.

“When American citizens are held by American authorities, the Constitution and Bill of Rights all apply regardless of the technical circumstances,” said Tim Haake, a former two-star Army general and lawyer who is helping to represent the two detained men, Micah Milligan and Jason Jones.

Thomas Suddath, a lawyer in Philadelphia also representing the men, said U.S. authorities gave the legal team very little information about what charges were being contemplated against the men.

Stacey Jones, wife of Mr. Jones, said on Saturday afternoon that her husband was released from custody at Camp Cropper, the military prison near Baghdad International Airport.

(more…)

Thursday, June 11, 2009

Iraq: Nouri Al-Maliki, Iraqi Prime Minister, Predicts Increased Violence Before U.S. Withdrawal

Filed under: Industry Talk,Iraq — Tags: , , , , , — Matt @ 1:18 PM

He raised the prospect that sectarian militia could increase the frequency of their attacks in the absence of US troops. Under the terms of the Status of Forces Agreement (SOFA) they must leave cities, towns and villages by June 30. Mr al-Maliki told a group of ministers and generals: “The attacks will be stronger, they will try to give the impression that Iraqi forces have failed in their duty with the withdrawal of multinational forces approaching.”

   June 30th is the date to watch, and we will see how it goes.  This is something everyone needs to be aware of over there and the bad guys will do all they can to cause chaos during this transition. –Matt

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Nouri al-Maliki, Iraqi Prime Minister, predicts increased violence before US withdrawal

From The Times

June 12, 2009

Alice Fordham in Baghdad

The Iraqi Prime Minister has warned that the security situation in his country is likely to deteriorate as American troops prepare withdraw this month.

Nouri al-Maliki spoke after it was confirmed that a car bomb yesterday in Batha, near the southern city of Nasariyah, had killed more than 30 people and injured 56.

He raised the prospect that sectarian militia could increase the frequency of their attacks in the absence of US troops. Under the terms of the Status of Forces Agreement (SOFA) they must leave cities, towns and villages by June 30. Mr al-Maliki told a group of ministers and generals: “The attacks will be stronger, they will try to give the impression that Iraqi forces have failed in their duty with the withdrawal of multinational forces approaching.”

The bombing was an attempt to stir up sectarian hostility, he said. Iraqi police reportedly arrested two men in connection with the bombing, one of whom was believed to be a member of al-Qaeda.

Security has improved vastly in Iraq in recent months, with the total of 124 Iraqi deaths from US violence in May the lowest since the 2003 invasion.

Bombings in April killed more than 100 Shia pilgrims in and around Baghdad, however, raising fears of renewed sectarian violence.

The planned withdrawal of US troops from Iraqi cities has been in doubt in some areas where violence still persists, but US and Iraqi forces insist that a full transfer will go ahead.

Meanwhile, Iraqi authorities have released one of five American contractors arrested by Iraqi security forces in Baghdad in connection with the murder of another American, a US Embassy spokesman said today.

Abdul Sattar Beraqdar, the spokesman for the Iraqi Supreme Judicial Court, told The Times that two more of the contractors had been released on bail due to insufficient evidence, although the US Embassy was not able to confirm this.

All five men, who are believed to work for Corporate Training, are still under investigation. It is thought that they are no longer being investigated on charges related to the death of Jim Kitterman, who worked in Iraq and was found dead in the Baghdad Green Zone on May 22.

Neither the US Embassy nor Iraqi authorities would comment on reports that the men were being investigated on drugs charges.

The men were arrested on June 3. They were the first Americans to be held by Iraqi security forces since the SOFA agreement signed at the end of least year came into force and removed the immunity of US contractors from arrest by Iraqi police.

Story here.

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