In one file, a civilian from the Salah Ad Din province in eastern Iraq states that U.S. forces opened fire with more than 100 hundred rounds on his sleeping family, killing his mother, father and brother. The firepower was of such magnitude that 32 of the family's sheep were also killed. The Army acknowledged responsibility and the claim resulted in two payments: a compensation payment of $11,200 and a $2,500 condolence payment. In another file, a civilian in Baghdad states that his only son, a nine-year-old, was playing outside when a stray bullet hit and killed him. The Army acknowledged responsibility and paid compensation of $4,000.
There are some patterns:
The ACLU noted that a significant number of the files - 92 of 496 - relate to deaths at checkpoints (50 files) or near American convoys (42 files). In one file, a civilian states that his son drove up to a checkpoint (PDF) in Kirkuk, was shot at through the roof of the car and hit in the abdomen; he later died from his wounds. An e-mail in the file from an Army sergeant states: "How was he supposed to know to get out of the vehicle when they fired warning shots? If I was in his place I would have stayed put too." The claim was denied although the sergeant suggested that the civilian might seek a condolence payment.
In another file, a civilian states that his mother was killed, his four-year-old brother suffered shrapnel wounds to the head, and his sister was shot in the leg after the taxi they were riding in ran through a checkpoint in the eastern Iraq town of Baqubah. An Army memorandum states: "[T]here is evidence to suggest that the warning cones and printed checkpoint signs had not yet been displayed in front of the checkpoint, which may be the reason why the driver of the Taxi did not believe he was required to stop." The Army suggested a condolence payment of $7,500. It is not known whether it was granted.
As to the results of the filed claims:
Of the 496 claims, 164 incidents resulted in cash payments to family members. In approximately half of the cash payment cases, the United States accepted responsibility for the death of the civilian and offered a "compensation payment." In the other half, U.S. authorities issued "condolence" payments, which are discretionary payments capped at $2,500 and offered "as an expression of sympathy" but "without reference to fault." Claims based on incidents that were not reported in the military's "SIGACT" ("significant act") database, despite eyewitness corroborations, are generally denied for compensation although a condolence payment may be issued.
