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Private security contractors have been involved in scores of shootings in Iraq, but none have been prosecuted despite findings in at least one fatal case that the men had not followed proper procedures, according to interviews and documents obtained by The Times.
Instead, security contractors suspected of reckless behavior are sent home, sometimes with the knowledge of U.S. officials, raising questions about accountability and stirring fierce resentment among Iraqis.
Thousands of the heavily armed private guards are in Iraq, under contract with the U.S. government and private companies. The conduct of such security personnel has been one of the most controversial issues in the reconstruction of Iraq. Last week, a British newspaper publicized a so-called trophy video that appears to show private contractors in Iraq firing at civilian vehicles as an Elvis song plays in the background.
The contractors function in a legal gray area. Under an order issued by the U.S.-led Coalition Provisional Authority that administered Iraq until June 2004, contractors suspected of wrongdoing are to be prosecuted in their home countries. The contractors have immunity from Iraqi courts and have so far not faced American prosecution, giving little recourse to Iraqis seeking justice for wrongful shootings.
"What was my innocent son's crime?" asked Zahra Ridha, the mother of a 19-year-old shot and killed by security contractors in May. "Is this what we deserve?"
Industry officials say some contractors have voluntarily set up compensation programs, but there is no formal system in place, as there is for cases involving American troops.
The U.S. military has a commission that reviews damages claims and makes payments when troops are determined to have erred in opening fire on property or people. American troops suspected of shooting at Iraqis face trial in military tribunals. More than 20 U.S. service members have been accused of crimes leading to the deaths of Iraqis, and at least 10 have been convicted.
A Justice Department official, who asked not to be identified because he was not an authorized spokesman, said the lack of prosecutions of contractors reflected poor oversight by U.S. officials in Iraq, who were under no compulsion to report suspected criminal behavior.
"Any time you get a large group of people together in one place, bad things are going to happen," the official said.
A Times survey of nearly 200 "serious incident" reports filed by private security firms since November 2004 shows that 11% of the incidents involved contractors firing toward civilian vehicles believed to be a threat.
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http://www.latimes.com/news/printedition/la-fg-guards4dec04,1,2258386.story