火辣辣：在事件發生後剛兩個星期，美國黑水創辦人Erik Prince2007年10月在華盛頓國會山作證，為該公司在伊拉克的角色辨護
美國法官 對黑水公司警衛被控殺害17名伊拉克人案件 駁回
U.S. judge throws out case against Blackwater guards charged with killing 17 Iraqis
By Mail Foreign Service
Last updated at 12:34 PM on 01st January 2010
The case against five Blackwater security guards charged with the killing of 17 unarmed Iraqi civilians has been tossed out on a technicality.
此案針對5名黑水保安人員，被控殺害17名手無寸鐵的伊拉克平民。已因技術性問題被甩去。
U.S. District Judge Ricardo Urbina dismissed the case against the guards accused of the shooting in a crowded Baghdad crossroads in 2007.
美國地區法官Ricardo Urbina對此案針對警衛被告在2007年，於巴格達一個擁擠的十字路口射擊，已作駁回。
The case had inflamed anti-American sentiment abroad. Iraq slammed the judge's decision today.
案件已激起國外的反美情緒。伊拉克抨擊法官今天的決定。
Ali al-Dabagh, the Iraqi government spokesman, said in a statement that the government was dismayed by the court's dismissal of the case.
伊拉克政府發言人Ali al-Dabagh在聲明中說，政府對法院駁回案件感到不安。
'The Iraqi government regrets the decision,' he said. 'Investigations conducted by specialized Iraqi authorities confirmed unequivocally that the guards of Blackwater committed the crime of murder and broke the rules by using arms without the existence of any threat obliging them to use force.'
Dr. Haitham Ahmed, whose wife and son were killed in the shooting, said the decision casts doubt on the integrity of the entire U.S. justice system.
'If a judge ... dismissed the trial, that is ridiculous and the whole thing has been but a farce,' Ahmed said. 'The rights of our victims and the rights of the innocent people should not be wasted.'
The Iraqi government had wanted the guards to face trial in their country and officials there had said they would closely watch how the U.S. judicial system handled the case.
Judge Urbina said the prosecutors built their case on sworn statements that had been given under a promise of immunity.
That violated the guards' constitutional rights, he said.
He also accused prosecutors of ignoring the advice of senior Justice Department officials.
The case against the five men fell apart because, after the shooting, the State Department ordered the guards to explain what happened.
In exchange for those statements, the State Department promised the statements would not be used in a criminal case.
Such limited immunity deals are common in police departments so officers involved in shootings cannot hold up internal investigations by refusing to co-operate.
The five guards told investigators they fired their weapons, an admission that was crucial because forensic evidence could not determine who had fired.
Because of the immunity deal, prosecutors had to build their case without those statements, a high legal hurdle that Urbina said the Justice Department failed to clear.
Prosecutors read those statements, reviewed them in the investigation and used them to question witnesses and get search warrants, Urbina said.
Key witnesses also reviewed the statements and the grand jury heard evidence that had been tainted by those statements, the judge said.
The Justice Department set up a process to avoid those problems, but Urbina said lead prosecutor Ken Kohl and others 'purposefully flouted the advice' of senior Justice Department officials telling them not to use the statements.
Urbina did not address whether the shooting was proper - instead focusing on the conflicting evidence in the case.
The five guards had been charged with manslaughter and weapons violations. The charges carried mandatory 30-year prison terms.
The guards claimed insurgents ambushed them in a traffic circle in Nisoor Square.
Prosecutors said the men unleashed an unprovoked attack on civilians using machine guns and grenades.
Some Blackwater guards told prosecutors they were concerned about the shooting and offered to co-operate.
Others said the convoy had been attacked.
By the time the FBI began investigating, Nisoor Square had been picked clean of bullets that might have proven whether there had been a fire-fight or a massacre.
The judge was unequivocal in his decision, dismissing the government's explanations as 'contradictory, unbelievable and lacking in credibility'.
'We're obviously disappointed by the decision,' Justice Department spokesman Dean Boyd said. 'We're still in the process of reviewing the opinion and considering our options.'
Prosecutors can appeal the ruling.
Blackwater contractors had been hired to guard U.S. diplomats in Iraq. But the shooting led to the unravelling of the controversial North Carolina-based company, which since has replaced its management and changed its name to Xe Services.
The five guards are Donald Ball, a former Marine from Utah; Dustin Heard, a former Marine from Tennessee; Evan Liberty, a former Marine from New Hampshire; Nick Slatten, a former Army sergeant from Tennessee, and Paul Slough, an Army veteran from Keller, Texas.
Defence attorneys said the guards were thrilled by the ruling after more than two years of scrutiny.
'It's tremendously gratifying to see the court allow us to celebrate the new year the way it has,' said attorney Bill Coffield, who represents Liberty.
'It really invigorates your belief in our court system.'
'It's indescribable,' said Ball's attorney, Steven McCool. 'It feels like the weight of the world has been lifted off his shoulders. Here's a guy that's a decorated war hero who we maintain should never have been charged in the first place.'
The Iraqi government has refused to grant Blackwater a license to continue operating in the country, prompting the State Department to refuse to renew its contracts with the company.
In a statement released by its president, Joseph Yorio, the company said it was happy to have the shooting behind it.
'Like the people they were protecting, our Xe professionals were working for a free, safe and democratic Iraq for the Iraqi people,' Yorio said. 'With this decision, we feel we can move forward and continue to assist the United States in its mission to help the people of Iraq and Afghanistan find a peaceful, democratic future.'
It was unclear what the ruling means for a sixth Blackwater guard, Jeremy Ridgeway, who turned on his former colleagues and pleaded guilty to killing one Iraqi and wounding another.
Had he gone to trial, the case against him would likely have fallen apart, but it's unclear whether Urbina will let him out of his plea deal.
Dozens of Iraqis, including the estates of some of the victims allegedly killed by Blackwater employees, filed a separate lawsuit last year alleging that Blackwater employees engaged in indiscriminate killings and beatings. The civil case is still before a Virginia court.
U.S. army Black Hawk helicopter flies as the sun sets over Baghdad in October, 2007
http://www.dailymail.co.uk/news/worldnews/article-1239809/Judge-tosses-case-Blackwater-guards-charged-killing-17-Iraqis-technicality.html
伊拉克斥美法官拒起訴前「黑水」保安人員 (國際)
2010-01-02 (01:49)
伊拉克政府周五譴責美國法官拒絕起訴五名前「黑水」公司保安人員。伊拉克政府發言人稱，伊拉克政府對此裁定深表遺憾。他指出，伊府機構的調查證實「黑水」保安人員違反伊方有關使用武器的規定，犯下謀殺罪行。伊政府將繼續追訴這些罪犯，捍衛伊拉克受害者及家人的權益。
http://www.singtao.com/breakingnews/20100102b020056.asp
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