1 - KVO 1:

 

Karzan: This is my cousin Sabah. I have come here from London to pay my respects because recently Sabah's father, my uncle Kakarash was shot dead by 86 American bullets on the streets of Kirkuk.

 

My uncle was 75 years old and was enjoying his retirement after working all his life as a lorry driver.

 

Like most Kurds he suffered under Saddam Hussein's regime, so I wanted to know how he felt about the Americans' presence in Iraq.

 

 

Sabah: He was happy to have Saddam removed from power and was hoping they would bring a better life. I used to like the Americans as well, but not since they killed my father. Anyone submitted to this injustice would feel the same. Have they come here to save us from Saddam, or to kill us? If my father made a mistake he shouldn't have been killed for it.

 

2 - KVO 2:

 

But did my uncle really make a mistake?

 

I asked Sabah if we could go to the scene of the shooting. We drove on the same route my uncle had taken shortly before his death.

 

3 - KPTC: This is where my uncle was shot by the Americans. He was driving towards the checkpoint, and apparently the Americans signalled for him to stop; that is what they claim. This is a checkpoint: everybody knows that when you approach you must slow down and stop your vehicle. However, they opened fire and they shot him. They killed him right here.

 

 

4 - KVO3:

 

This Iraqi soldier at the checkpoint was here at the time of the shooting.

 

Soldier: When the Americans are here we have to stop all cars. But your uncle was distracted and kept driving. The Americans shot at the ground to warn him, but he didn't stop. He tried to turn away, and they started shooting at him, thinking he might be a suicide bomber. We saw him fall out of his car, and the Americans asked us to take him to the hospital. We said, "No, you have to take him," and after half an hour we heard he was dead.

 

 

 

5 - KVO 4:

Ok, so perhaps my uncle might have panicked a bit, but these locals also witnessed the shooting and told me what they saw.

 

Local 1: He turned the car and tried to get away, but they kept firing at him. First they shot just once, followed by a spray of bullets, and then another. They obviously shot to kill him. They could have stopped after the first shot to see his reaction. But they just shot him dead.

 

 

6 - KVO 5:

 

These guys also told me that in fact my uncle managed to leave the car and actually sat on the roadside for over 20 minutes, but the American soldiers didn't allow anyone to approach him, ...until he collapsed.

 

 

7 - KVO 6:

 

After hearing this chilling account I decided to go and see my uncle's car, which had been kept at a local garage.

 

The car is covered with bullet holes. I counted 86 of them in total.

 

I had been told my uncle was shot from behind as well as he tried to escape, and the evidence confirms this.

 

 

8 - KPTC: Looking at the state of the car and the bullet holes, you can really see that there is absolutely no doubt they shot to kill him, not to warn him.

 

These must be my uncle's sunglasses. I should keep them to remember him by.

 

9 - KVO 7:

 

I wonder what the Americans call this; collateral damage or friendly fire?

 

Before confronting the Americans, I needed to consolidate my findings with hard scientific evidence.

 

At Azadi hospital I wanted to speak to Dr Ahmed Mansur, who examined my uncle upon his arrival here on the day he was shot.

 

K: Where are you taking the file?

 

10 - KVO 8:

 

At first, the hospital administrator tried to hide my uncle's file, and he also tried to stop Dr Ahmed from talking to me. Fortunately, however, the doctor ignored this and was happy for our meeting to go ahead:

 

Dr Ahmed:  These are high velocity missile injuries. The bullets enter the body with small signs of damage, but once inside they explode, leaving very large exit wounds. Victims of these injuries always die. All three of your uncle's wounds were from the back. There was one on the inside of his hand, and two on his back. This means that when they shot him he had his back to them.

 

 

11 - KVO 9:

 

My worst fears have been confirmed by doctor Ahmed. But surely the American soldiers can't be above the law.

 

I wanted to see what Kirkuk's district chief of police, General Sarhad Qadir, had to say about it.

 

Sarhad: The coalition forces must of course be vigilant at all times, and they must watch every car approach. But they should be firing more warning shots, or aiming at the wheels, to avoid killing civilians. Unfortunately however, at times soldiers will have to make their own decisions, and they panic.

 

K: But if a U.S. soldier panics and pulls the trigger, shouldn't they be held responsible for that?

 

S: Of course, but the Americans have told us that they follow their own rules and regulations in these matters. They say they conduct their own investigations, and if a soldier is found guilty they will be tried under American law, and not Iraqi law. Of course I can't approve of killing innocent civilians in this way, but regrettably we have many cases like this, both in Kirkuk and the rest of the country.

 

 

12 - KVO 10:

 

General Sarhad is put in a difficult position by the killings. The Kurds are meant to be America's best allies in Iraq, and especially in Kirkuk where they have welcomed the coalition forces with roses and conflicts with American soldiers have been minimal.

 

Although the police didn't have an exact figure of civilians killed, it is obvious that there are many more victims like my uncle.

 

Saman Jalil Yaba was 25 years old. He worked as a security guard for a construction company, which provides concrete blocks to the American basis in Iraq. He was married to Nissan but tragically they only had two years together.

 

His sudden death devastated the whole family leaving his only child without a father. And his brother Sami was with him when he was killed on his first night of work.

 

 

Sami: My brother and I were doing our job, escorting a convoy of lorries to the American base in Tikrit. I wanted him to be at the rear because he had a family and it would be less dangerous for him there. He agreed, and just as we approached Tikrit our convoy stopped at an American roadblock. While we were waiting, Saman's car came up from the rear to join us. The Americans started shooting, so I reached for my gun, thinking we were under attack from armed fighters, but I was told to put it down as it was the Americans that were shooting. The security guard that had been riding with Saman rushed up to me, and I could see he was injured. He said to me "Go and help your brother. He's been hit!" As I ran to Saman's car the Americans pointed their machine gun at me and I dived for cover. When they finally realised we were security guards I tried to get them to come and look at Saman -he didn't have much blood on him and I thought he might have just fainted. But most of the soldiers pushed me away. Eventually one of them - a woman - felt his pulse, looked in his eyes and told me "Your brother is dead."

 

K: And was Saman the only one that was killed, or were there other victims too?

 

Sami: Saman's driver was killed, and at least 20 others were seriously injured. Some lost arms, some lost eyes, and some lost their legs. It was a total bloodbath.

 

K: And how did you feel at the time, seeing your brother killed in that way?

 

Sami: I was beside myself with grief, hugging and kissing him. I picked up my gun and would have tried to kill as many Americans as possible. But my colleagues stopped me.

 

K: And now, two months after the event, are you still as angry? Have your feelings towards the Americans changed?

 

Sami: I'm still very bitter. I can never forget what happened to my brother on that night. Especially since the Americans haven't taken any responsibility, and have done nothing to help my sister-in-law and her son. What will I say to my nephew when he grows up, and asks if justice was done for his father's death?

 

 

13 - KVO 11:

 

And Saman's wife, Nisan is also trying to come to terms with the injustice.

 

Nisan: My husband was a soldier, earning a very low wage, so he accepted the job as security guard. He knew there were risks involved because of attacks by the armed fighters, but he never expected it would actually be the Americans that killed him. When I got the news I couldn't believe it until I saw his body. All the Americans have done is said "we killed him by mistake", but the least they could do is try to help support me and my son, so that he can have a future.

 

 

 

 

 

14 - KVO 12:

 

For the time being, however all Nisan has are the photos of her wedding day.

 

And to make matters worse one month after Saman's death, his older brother Samir, an Iraqi soldier was kidnapped and brutally beheaded by insurgents.

 

No wonder the family don't know who to call the enemy anymore. And I know my uncle's family feel the same.

 

15 - KVO 13:

 

But just how big is this problem? The United States army recently disclosed that since the war began in 2003, there have been more than 500 civilian claims in Iraq for what they term ‘Wrongful Deaths' and injuries.

 

And as numbers continue to increase, they've set up a total of 31 designated "Foreign Claims" offices around the country to deal with them. The one in Kirkuk is only open one morning a week, on Monday, so that is when I went, but no one was there.

 

A local Iraqi employee, however, told me that if a killing is accepted under the title of "wrongful death", the Americans pay up to $2500 US to the victim's family in compensation.  

 

I couldn't believe my uncle's life was so cheap, and wanted to know who would be held responsible.

 

16 - Karzan at the American base

 

Karzan [to the American Soldier at the base]: How you doing? Can I come forwards because I can see this sign saying stop. I need to talk to you...

 

 

17 - KVO 14:

 

With no alternative I have now decided to confront the American myself. I had turned up at the main base in Kirkuk and asked for a meeting.

 

Soldier: You need to speak to Major Chang...

 

...Karzan : I couldn't make it to go inside the base because they are telling me I have to call Major Chang. He is responsible for public affairs, and hopefully through him I should be able to get an appointment at the Foreign Claims Commission.

 

 

18 - KVO 15:

 

I rang Major Chang and made an appointment to see him at 10 o'clock the next morning.

 

In the meantime I continued with my research on victims of wrongful death.

 

Khalid, a taxi driver and father of eight, was 56 years old and also shot with 86 bullets, exactly like my uncle.

 

 

On the 7th February of 2006, he was sitting in traffic in his taxi, when all of a sudden a convoy sped by and opened fire for seemingly no reason.

 

In response to the ensuing furore American commanders appeared on local TV promising to investigate the case further and to bring the culprits to justice. But over a year later, Khalid's family are still waiting for someone to be charged for the death of their loved one.

 

Khalid's Wife: Khalid, my husband, was the only breadwinner for our large family. Now, one of my sons is trying to earn enough to support us, but since he has a family of his own it's virtually impossible. And the Americans didn't even come to pay their respects. They've done nothing, and now

my family's lives have been ruined.

 

 

19 - KVO 16:

 

The family is still seeking justice, Majid, Khlaid's only brother has tried to contact the claims office but was disgusted with the outcome.

 

Majid: Two months after Khalid died they offered us $2,500 U.S. I was so offended I refused to take it. It was as if they were killing him for a second time! I couldn't believe that's all the responsibility they were willing to take. Do they really think the lives of a family of twelve are worth $2,500 U.S.? I can never forget what happened to my brother. I think about him constantly and am haunted by the brutal way in which he was killed.

 

 

20 - KVO 17:

 

Nazim Kadir Mohamed was also killed in the same incident as Khalid. Shot from the back with a single bullet.

 

His 8-year-old daughter Sozan, and his son Mohamed, aged 5, showed me the bullet hole that killed their father.

 

These days Sozan spends most of her time looking at her father's photos.

 

Nazim's wife: Personally, I don't want to teach my children to take revenge on the Americans. I don't want them to grow up with hatred. But after what's happened they get upset when they see American soldiers on the street. And even my five-year-old son says he'd like to pick up a gun and shoot them. Every time he sees them he remembers what they did to his father.

 

 

 

21 - KVO 18:

 

But despite this, Nazim's wife, Najla want to bring up her children in the United states and hopes at least the American forces will help her to achieve this.

 

The next morning it was time for my appointment with Major Chang at Foreign Claims Commission.

 

After waiting there for half an hour however, I had another set back: the major hadn't turned up and I would have to call him again.

 

 

22 - KVO 19:

 

It was my last day before returning to England. I was having trouble getting through to the major again and I suspected he was screening his calls. So I changed mobile phones - it worked.

 

Chang: Major Chang speaking.

 

K:  Major Chang, good morning, it's Karzan.

 

PAUSE....

 

C: Hello Karzan.

 

K: How you doing?

 

C: I'm doing all right.

 

K: Am I going to have a meeting with you today?

 

PAUSE...

 

C: I need to discuss it further with my commanders... because we have concerns about it.

 

K: Excuse me, what sort of concerns?

 

C: I think it's placing us in a position where we've got to defend a point of view, that is not  [PAUSE]... it doesn't...[PAUSE]

 

K: Yes?...

 

C: You've placed us in this position where we've got to defend our point of view...[PAUSE] ..and we know that all our actions are conducted in a professional manner. We have certain rules and guidelines that dictate our actions out there.

 

K: Do you mean shooting some 86 bullets at someone like Kakarash, who was 75 years old, when he was trying to turn round his car and get away from your forces, that is acting according to the "rules"?

 

C: You know that we do everything we can within our power to prevent these acts. We do not go out there and randomly pull triggers...If the vehicle was approaching a checkpoint and all other vehicles have stopped, and that one vehicle keeps coming at them then what would you do in that situation?

 

K: Of course but in this case he was not proceeding forwards...[he had turned around]

 

C: According to whose statement?

 

K: According to the eyewitnesses on the scene and according to the doctor who received Kakarash at the hospital who says the bullets were shot from behind. Three bullets killed Kakarash and they were shot from behind....

 

C: I am sorry for your loss, truly sorry for your loss...

 

 

23 - KVO 20:

 

Although the Major expressed his sorrow for the families of victims like my uncle, he continued to defend his soldiers' actions.

 

My uncle's case was accepted as a wrongful death, and the United States army in Iraq have so far paid out a massive $32 million dollars for wrongful deaths and damages. This means there are thousands of other cases like my uncle's. But is this really the answer?

 

During my time in Kirkuk everyone I spoke to told me that, like my cousin Sabah, they have lost faith in the Americans as their liberators, especially when they value the lives of their victims so cheaply. 

 

And like me, they didn't understand how these killings can go unpunished. Surely, if no one is held accountable then what is to stop them from happening again and again in the future?

 

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