A different kind of hell for one American in Iraq

The military cleared Ertel and released him after more than a month in prison. But Vance stayed locked up.

At that point, prohibited from keeping notes, he began secretly scribbling diary entries and storing them in his military-issued Bible, whenever he had access to a pen.

The military now acknowledges that it took three weeks just to contact the FBI and confirm Vance was an informant. But even after that, Vance was held for another two months. In all, he was imprisoned for 97 days before being cleared of any wrongdoing and released.

"I looked like hell, completely emaciated, you know — beard, shaggy, dirty," remembers Vance. "They showered me, shaved me, cleaned me up and dumped me at Baghdad International Airport like it never happened.

Throughout the ordeal, the U.S. military said it thought Vance was helping the insurgents. Wasn't that a reasonable basis to hold and interrogate him?

"They could have investigated the true facts, found out exactly what was happening," says Vance. "What doesn't need to happen is throw people in a cell, we'll figure out the answers later. That's not the way to do things."

Donald Vance and Nathan Ertel have now filed a lawsuit against the U.S. government and Donald Rumsfeld, who was secretary of defense when they were detained. It is generally very difficult to sue the government, but experts say this case may be different because Vance and Ertel are American citizens; they were civilians held by the U.S. military; and they were detained for such a long time.

Military officials would not comment, but a spokeswoman previously has said the men were treated fairly and humanely. The FBI also declined to comment, as did officials at SGS. The company’s name has changed, but it's still doing business in Iraq. Neither the company, nor its executives, has been charged with any wrongdoing.

Vance says he hopes the lawsuit will reveal why the military held him so long, and why he was denied the legal protections guaranteed American citizens.

"This is just another step of our Constitution slowly being whittled away," says Vance when asked why with all the tragedies and injustice in Iraq anyone should care about his story. "It's basic fundamental rights of our founding fathers."

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