"My Name Used to Be #200343" American Tortued sues US Government

By David Phinney
Inter Press Service

Saturday 07 April 2007

An American former Navy soldier and private contractor imprisoned and tortured in Iraq by the US military and falsely accused of "aiding terrorists" warns that our worst fears about Iraq have come true.

A year ago, Donald Vance learned what its like to be falsely accused by the U.S. military of aiding terrorists. He was held without charge for more than three months in a high-security prison in Iraq, and interrogated daily after sleepless nights without legal counsel or even a phone call to his family.

On Wednesday, the former private security contractor was honored for his ordeal in Washington and for speaking out against the incident. At a luncheon at the National Press Club, Vance received the Ridenhour Prize for Truth-Telling, an award named in memory of Army helicopter gunner Ron Ridenhour who struggled to bring the horrific mass murders at My Lai to the attention of Congress and the Pentagon during the Vietnam War.

Vance was joined by former president Jimmy Carter, who won a lifetime achievement award, and journalist Rajiv Chandrasekaran of The Washington Post who was recognised for his recent book, "Emerald City: Inside Iraq's Green Zone".

As hundreds at the luncheon finished their lobster salad, Vance, a two-time George W. Bush voter and Navy veteran, recounted the events of his imprisonment and the grief of his fiancé and family. They did not know if he was alive or dead, he said. They were already making inquiries to the U.S. State Department on how to ship his body home.

He then drew a wider circle around his ordeal to include the countless others who have been held falsely without charge and denied normal legal constitutional protections under law. "My name used to be 200343," Vance said recalling his prisoner ID. "If they can do this to a former Navy man and an American, what is happening to people in facilities all over the world run by the American government?"

Vance's nightmare began last year on Apr. 15 when he and co-worker Nathan Ertel barricaded themselves in a Baghdad office after their employer, an Iraqi private security firm, took away their ID tags. They feared for their lives because they suspected the company was involved in selling unauthorised guns on the black market and other nefarious activity. A U.S. military squad freed them from the red zone in Baghdad after a friend at the U.S. embassy advised him to call for help.

Once they reached the U.S.-controlled Green Zone, government officials took them inside the embassy, listened to their individual accounts and then sent them to a trailer outside for sleep. Two or three hours later, before the crack of dawn, U.S. military personnel woke them. This time, however, Vance and Ertel, Shield Security's contract manager, were under arrest. Soldiers bound their wrists with zip ties and covered their eyes with goggles blacked out with duct tape.

The two were then escorted to a humvee and driven first to possibly Camp Prosperity and then to Camp Cropper, a high-security prison near the Baghdad airport where Saddam Hussein was once kept. Vance says he was denied the usual body armour and helmet while traveling through the perilous Baghdad streets outside the safety of the Green Zone or a U.S. military installation.

It was not the way the tall 29-year-old with an easy charm and keen mind had expected to be treated. Vance claims that during the months leading up to his arrest, he worked as an unpaid informant for the Federal Bureau of Investigation. Sometimes twice a day, he would share information with an agent in Chicago about the Iraqi-owned Shield Group Security, whose principals and managers appeared to be involved in weapons deals and violence against Iraqi civilians. One company employee regularly bartered alcohol with U.S. military personnel in exchange for ammunition they delivered, Vance said.

"He called it the bullets for beer programme," Vance claimed while relating the incident during an interview this week at a cigar bar just walking distance from the White House.

But his interrogators at Camp Cropper weren't impressed. Instead, his jailers insisted that Vance and Ertel had been detained and imprisoned because the two worked for Shield Group Security where large caches of weapons have been found - weapons that may have been intended for possible distribution to insurgents and terrorist groups, Vance said.

In a lawsuit now pending against former Defence Secretary Donald Rumsfeld and "other unidentified agents," Vance and Ertel accuse their U.S. government captors of subjecting them to psychological torture day and night. Lights were kept on in their cell around the clock. They endured solitary confinement. They had only thin plastic mattresses on concrete for sleeping. Meals were of powdered milk and bread or rice and chicken, but interrupted by selective deprivation of food and water. Ceaseless heavy metal and country music screamed in their ears for hours on end, their legal complaint alleges.

They lived through "conditions of confinement and interrogation tantamount to torture", says the lawsuit filed in northern Illinois U.S. District Court. "Their interrogators utilised the types of physically and mentally coercive tactics that are supposedly reserved for terrorists and so-called enemy combatants."

Rumsfeld is singled out as the key defendant because he played a critical role in establishing a policy of "unlawful detention and torment" that Vance, Ertel and countless others in the "war on terror" have endured, the lawsuit asserts, noting that the former defence secretary and other high-level military commanders acting at his direction developed and authorised a policy that allows government officials unilateral discretion to designate possible enemies of the United States.

Because the incident and allegations are now in litigation, the Pentagon has no comment, spokesman Army Lieut. Col. Mark Ballesteros said. He referred all inquires to the U.S. Justice Department, which also had no comment for similar reasons.

But darker allegations are included in the complaint over false imprisonment. Because he worked with the FBI, Vance contends, U.S. government officials in Iraq decided to retaliate against him and Ertel. He believes these officials conspired to jail the two not because they worked for a security company suspected of selling weapons to insurgents, but because they were sharing information with law enforcement agents outside the control of U.S. officials in Baghdad.

"In other words," claims the lawsuit, "United States officials in Iraq were concerned and wanted to find out about what intelligence agents in the United States knew about their territory and their operations. The unconstitutional policies that Rumsfeld and other unidentified agents had implemented for 'enemies' provided ample cover to detain plaintiffs and interrogate them toward that end."

It may take some time to sort out the allegations as the legal process grinds forward, but, in the meantime, Vance is raising new questions about his detention. He still wonders why his jailers didn't just call the FBI and have him cleared. They had access to his computer and cell phone to determine if his claims were true.

"When I told them to do that, they just got angry and told me to stop answering questions I wasn't being asked," Vance said. "I think they were butting heads with the State Department. I just snitched on the wrong people. I took the bull by the horns and got the horn."

And why weren't managers with the Shield Group held and interrogated?

Interrogators were certainly interested in these other individuals, according to the lawsuit. They wanted to know about the company's structure, its political contacts, and its owners - most of whom are related to a long-established Iraqi family who fled Iraq during the years the country was ruled by Saddam Hussein, Vance said.

More startling even now is that the company has reformed. At the time they left, Shield Security held U.S.-funded contracts with the Iraqi government, Iraqi companies, NGOs and U.S. contractors. As far as Vance knows, the company still does - but under a different name: National Shield Security.

"I built their web site," he said. "And they are still being awarded millions of dollars in contracts."

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David Phinney is a journalist and broadcaster based in Washington, DC, whose work has appeared in The Los Angeles Times, New York Times and on ABC and PBS. He can be contacted at: phinneydavid@yahoo.com.