中情局再嘗試逃避責任：做藥物實驗在退伍軍人身上

中情局再嘗試逃避責任：做藥物實驗在退伍軍人身上
CIA Tries Again to Duck Responsibility for Doing Drug Experiments on Veterans
By MARIA DINZEO
Tuesday, December 14, 2010
Translation by Autumnson Blog

SAN FRANCISCO (CN) - The Central Intelligence Agency in January will argue for dismissal of Vietnam veterans' claims that the CIA must provide them with information about the health effects of chemicals used on them during Cold War-era human experiments. The CIA also claims it is not obligated to provide the veterans with medical care for side effects of the drugs. It's the CIA's third attempt to get the case dismissed.
舊金山（CN） - 在一月美國中央情報局將爭論駁斥越南退伍軍人的宣稱，中情局必須向他們提供資料，有關在冷戰時期對他們的人體實驗使用化學品的健康影響。美國中央情報局亦聲稱，它沒有義務為退伍軍人提供藥物副作用的醫療護理，它是中央情報局的第三次嘗試去令案件駁回。
In a 2009 federal lawsuit, Vietnam Veterans of America claimed that the Army and CIA had used at least 7,800 soldiers as guinea pigs in "Project Paperclip." They were given at least 250 and as many as 400 types of drugs, among them sarin, one of the most deadly drugs known to man, amphetamines, barbiturates, mustard gas, phosgene gas and LSD.
在一2009年的聯邦訴訟，美國越戰退伍軍人聲稱，陸軍和中央情報局曾使用至少7,800名士兵作為白老鼠，在“萬字夾項目”中，他們被給予至少250種至多達 400種藥物，內有沙林這種人類已知的毒藥其中最致命的一種，和安非他命、巴比妥酸鹽、芥子氣、光氣和迷幻藥。
Among the project's goals were to control human behavior, develop drugs that would cause confusion, promote weakness or temporarily cause loss of hearing or vision, create a drug to induce hypnosis and identify drugs that could enhance a person's ability to withstand torture.
項目目標的其中包括控制人類行為，開發會引起混亂的藥物，促進虛弱或暫時導致失聰或失明，創造一種藥物去誘發催眠狀態，並確定可以提高一個人的承受酷刑能力的藥物。
The veterans say that some of the soldiers died, and others suffered grand mal seizures, epileptic seizures and paranoia. The veterans say the CIA promised in the 1970s to compensate those who were made guinea pigs, but the 2009 complaint states that the government "never made a sincere effort to locate the survivors."
退伍軍人說有一些士兵死亡，和其他人患有重腦癇病發作、腦癇症發作和妄想症。老兵們說中情局在20世紀 70年代承諾補償那些白老鼠，但那2009年投訴指出，政府“從來沒有作出真誠的努力去找到倖存者。”
In its 32-page motion to dismiss the group's third amended complaint, the CIA claims it has no legal obligation under the Administrative Procedures Act to provide the veterans with notice of the drugs' health effects and that the veterans' notice claim "rests solely on state common-law duty."

The CIA claims that the law on which the veterans base their claim for health care compensation stems from the Department of Defense and Army regulations, "which do not purport to have a binding affect on the CIA."

And it claims that the Defense Department "never intended nor committed to providing medical care for service member participants in the test programs."

In its response, the veterans group says the CIA has already tried, in past motions, "to re-argue issues already decided" by U.S. District Judge Claudia Wilken in 2009. "Defendants argue that plaintiffs do not state a claim for relief under the APA against the CIA or the Department of Defense because they do not allege a legally enforceable duty against those agencies," the response states. "Defendants presented this argument in each of their previous motions to dismiss," but the court has already "rejected this line of argument," finding that a letter from the Department of Justice supports the groups' claim that the CIA is obligated to provide them with medical care.

"Contrary to the court's express direction, defendants now seek to use the addition of the new parties as a crass opportunity for another bite at the apple (their third), seeking to re-litigate issues the court already decided nearly a year ago," the group says.

The hearing is set for Jan. 13, 2011 before Judge Wilken. The case is expected to go to trial in 2012.

http://www.courthousenews.com/2010/12/14/32562.htm

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