Iraqis: Video shows Blackwater guards fired 1st

updated 3:12 p.m. ET Sept. 22, 2007

BAGHDAD - Iraqi investigators have a videotape that shows Blackwater USA guards opened fire against civilians without provocation in an incident last week in which 11 people died, a senior Iraqi official said Saturday. He said the case had been referred to the Iraqi judiciary.

Iraq's president, meanwhile, demanded that the Americans release an Iranian arrested this week on suspicion of smuggling weapons to Shiite militias. The demand adds new strains to U.S.-Iraqi relations only days before a meeting between President Bush and Iraq's Prime Minister Nouri al-Maliki.

Interior Ministry spokesman Maj. Gen. Abdul-Karim Khalaf said Iraqi authorities had completed an investigation into the Sept. 20 shooting in Nisoor Square in western Baghdad and concluded that Blackwater guards were responsible for the deaths.

He told The Associated Press that the conclusion was based on witness statements as well as videotape shot by cameras at the nearby headquarters of the national police command. He said eight people were killed at the scene and three of the 15 wounded died in hospitals.

Blackwater, which provides most of the security for U.S. diplomats and civilian officials in Iraq, has insisted that its guards came under fire from armed insurgents and shot back only to defend themselves.

‘A criminal record’
Khalaf also said the ministry was looking into six other fatal shootings involving the Moyock, North Carolina-based company, including a Feb. 7 incident outside Iraqi state television in Baghdad in which three building guards were fatally shot.

"These six cases will support the case against Blackwater, because they show that it has a criminal record," Khalaf said.

Khalaf said the report had been "sent to the judiciary" although he would not specify whether that amounted to filing of criminal charges. Under Iraqi law, an investigating judge reviews criminal complaints and decides whether there is enough evidence for a trial.

But government spokesman Ali al-Dabbagh said Saturday that no decision had been taken whether to seek punishment for any Blackwater employees.

"The necessary measures will be taken that will preserve the honor of the Iraqi people," he said in New York, where al-Maliki arrived Friday for the U.N. General Assembly session. "We have ongoing high-level meetings with the U.S. side about this issue."

Al-Maliki is expected to raise the issue with Bush during a meeting Monday in New York.

It is doubtful that foreign security contractors could be prosecuted under Iraqi law. A directive issued by U.S. occupation authorities in 2004 granted contractors, U.S. troops and many other foreign officials immunity from prosecution under Iraqi law.

Security contractors are also not subject to U.S. military law under which U.S. troopers face prosecution for killing or abusing Iraqis.

Iraq to push for changes
Iraqi officials have said in the wake of the Nisoor Square shooting that they will press for amendments to the 2004 directive.

A senior aide to al-Maliki said Friday that three of the Blackwater guards were Iraqis and could be subject to prosecution. The aide spoke on condition of anonymity because of the sensitivity of the case.

Shortly after the Sept. 20 shooting, U.S. officials said they "understood" that a videotape had recorded the incident in Nisoor Square but refused to give more details. They spoke on condition of anonymity because they were not supposed to release information to the media.

Following the Nisoor Square shooting, the Interior Ministry banned Blackwater from operating in Iraq but rolled back after the U.S. agreed to a joint investigation. The company resumed guarding a reduced number of U.S. convoys on Friday.

The al-Maliki aide said Friday that the Iraqis were pushing for an apology, compensation for victims or their families and for the guards involved in the shooting to be held "accountable."

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