CID Report (Death): 0171-04-CID259-80223

Investigation requested by CID Chief of Investigative Operations Division after Washington Post article on June 15, 2004 reporting the death of Mr Sajid Kadhim Bori Al-Bawi while in the custody of U.S forces. The 15-6 investigation pertaining to the incident, which reflected Mr. Al-Bawi was shot when he engaged in a struggle with a soldier and resisted apprehension. Mr. Al-Bawi attempted to gain control of the soldier's M4 Carbine rifle, while entangled with the soldier, and the soldier fired his pistol five times at Mr. Al-Bawi to nullify the threat to himself and the other soldiers. Investigation established probable cause to believe person(s) parameters of the Rules of Engagement (ROE) for that unit. CID sought a legal opinion from 3rd Group Criminal Investigative Command, SJA, as to whether Mr. Al-Bawi’s killing was a justifiable homicide, based only on the 15-6. SJA opined that probable cause existed that the soldier committed justifiable homicide and acted within ROE, and CID investigation was closed without further inquiry. Special Agent in Charge decided to list Subject of investigation as “None” and terminated investigation because determined further investigation would be of little or no value

Doc_type: 
Investigative File
Doc_date: 
Saturday, August 7, 2004
Doc_rel_date: 
Wednesday, December 29, 2004
Doc_text: 

DEPARTMENT OF THE ARMY
78th MILITARY POLICE DETACHMENT (CID) (FWD)
3rd MILITARY POLICE GROUP (CID)
UNITED STATES ARMY CRIMINAL INVESTIGATION COMMAND
BAGHDAD, IZ
APO AE 09342

CIMPR-FR
7 AUG 04
MEMORANDUM FOR SEE DISTRIBUTION
SUBJECT: (U) CID REPORT OF INVESTIGATION — CORRECTED/ INITIAU FINAL/ SSI —
0171-04-CID259-80223—/5H6
DATES/TIMES/LOCATIONS OF OCCURRENCES:
1..
(U) 17 MAY 2004/0001 HRS — 17 MAY 2004/2400 HRS; HOUSE#12, STREET
4, DISTRICT 759, BAGHDAD, IZ
DATE/TIME REPORTED: (U) 18 JUN 2004, 0900 HRS
USE#12, STREET 4, DISTRICT 759,
INVESTIGATED BY: U S . 7 C-6
,SA.6
SUBJECT: 1. (U) (NONE); [JUSTIFIABLE HOMICIDE]
VICTIM: 1. (U) AL-BAWL, SAJED KADHIM BORI; H

BAGHDAD, IZ, CIV; M; C; (NFI) [JUSTIFIABLE HOMICOIDE]INVESTIGATIVE SUMMARY:
(U)
This is an Operation Iraqi Freedom investigation.

(U)
On 18 Jun 04, this office received a Request for Investigation (RFI) from the United

States
Army Criminal Investigation Command, Fort Belvoir, VA, to conduct an investigation into the
death of Mr. AL-BAWI.
(U) Investigation established probable cause to believe person(s) unknown operated within the
parameters of the Rules of Engagement (ROE) for that unit, by shooting grabbed the M-4 rifle from the soldier and moved the selector switch from.Mr. AL-BAWI
safe to semi when he
the soldier attempted to detain him at his residence during a raid. when
. STATUTES:
(U) Article 134, UM/1J: Justifiable Homicide EXHIBITS/SUBSTANTIATION: ATTACHED:
sieNtealm REGARD UNCLASSIFIED WHEN SEPARATED FRM CLASSIFIED ENCLOSURE7 L'
SEGREpc-1.
I.
0171-04-CID259-80223
1.
(U) Agent's Investigation Report (AIR) of SAM 26 Jun 04, detailing the receipt of the
Request for Investigation; coordination with 5 th Group SF, SJA and 3 rd Group CID SJA; and thereceipt of the AR 15-6 investigation.
2.
(S) AR 15-6, pertaining to Mr. AL-BAWL, received on 18 Jun 04 (USACRC and file copies
Only).
NOT ATTACHED:
(U)
None.

(U)
The original of Exhibit 1 is forwarded with USACRC copy of this report.

(S)
The original of Exhibit 2 is maintained in the files of 2 hd Battalion, 5th Special Forces Group,Baghdad, Iraq.

4.0%.
STATUS: (U) This is an Initial/ Final Report. This investigation is terminated in accordance with
CIDR 195-1, Chapter 4-17 (a)(6), the Special Agent in Charge determined further of the
investigation would be of little or no value.

Report Prepared By: (U). Report Approved B
6.1,6fr
(U)
(U)
Special Agent,

(U)
Special Agent in Charge
Distribution:

1- (U) DIR, USACRC, 6010, 6th Street, Fort Belvoir, VA 22060-5506 (original)
1- (U) Thru: CDR, 22 11d MP BN (CID), APO AE 09342

(U)
Thru: CDR, 3rd MP Group (CID)

(U)
To: CDR, USACIDC, ATTN: CIOP-ZA, Fort Belvoir, VA 220601- (U) PMO, MNF-I (e-mail only)

1- (U) CID LNO, MNF-I, APO AE 09335 (e-mail only) 1- (U) Office of the Staff Judge Advocate, Ill Corps, ATTN: CPT
1- (U) File. ...email only)
--erEeRer
, L.' • • -2
DEPARTMENT OF THE AR&
78th MILITARY POLICE DETACHMENT (CID) (FWD)
3'd MILITARY POLICE GROUP (CID)
UNITED STATES ARMY CRIMINAL INVESTIGATION COMMAND
BAGHDAD, 12
APO AE 09342

CIMPR-FR 28 Jun 04
MEMORANDUM FOR SEE DISTRIBUTION
SUBJECT: CID REPORT OF INVESTIGATION - INITIAL/ FINAU SSI - 0171-04-CID259-
80223-/5H6
DATES/TIMES/LOCATIONS OF OCCURRENCES:.
1..4-5%
17 MAY 2004/0001 HRS - 17 MAY 2004/2400 HRS; HOUSE#12, STREET 4,
DISTRICT 759, BAGHDAD, IZ
DATE/TIME REPORTED: 18 JUN 2004, 0900 HRS
INVESTIGATED BY: SA. SA.
SA

SA
SUBJECT: 1. (NONE); [JUSTIFIABLE HOMICIDE]

VICTIM: 1. AL-BAWI, SAJED. KADHIM BORI; HOUSE#12, STREET 4, DISTRICT 759,
BAGHDAD, IZ, CIV; M; C; (NFI) [JUSTIFIABLE HOMICIDE]

INVESTIGATIVE SUMMARY:
On 18 Jun 04, this office received a Request for Investigation (RFI) from the United States
Army Criminal Investigation Command, Fort Belvoir, VA, to conduct an investigation into the

death of Mr. AL-BAWI.
Investigation established probable cause to believe person(s) unknown operated within theparameters of the Rules of Engagement (ROE) for that unit, by shooting Mr. AL-BAWI when he
grabbed the M-4 rifle from the soldier and moved the selector switch from safe to semi when
the soldier attempted to detain him at his residence during a raid.

STATUTES:
Article 134, UCMJ: Justifiable Homicide EXHIBITS/SUBSTANTIATION: Attached:
1. Agent's Investigation Report (AIR) of SA .26 Jun 04, detailing the receipt of the
Request for Investigation; coordination with 5 th Group SF, SJA and 3'd Group CID SJA; and thereceipt of the AR 15-6 investigation.
FOR OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE
3
01 71-04-CIO259-80223

2. AR 15-6, pertaining to Mr. AL-BAWL, received on 18 Jun 04 (File Copy Only).
Not Attached:
None.
The originals of Exhibit 1 is forwarded with USACRC copy of this report.
STATUS: This is an Initial/ Final Report. This investigation is terminated in accordance with
CIDR 195-1, Chapter 4-17 (a)(6), the Special Agent in Charge determined further of the

investigation would be of little or no value.
Report Prepared By:
6.11 64"/
121-
Special Agent, 5817
Special Agent In Charge
Distribution:

1-DIR, USACRC, 6010, 6 th Street, Fort Belvoir, VA 22060-5506 (original)
1-Thru: CDR, 22nd MP BN (CID), APO AE 09342
Thru: CDR, 3'd MP Group (CID)
To: CDR, USACIDC, ATTN: CIOP-ZA, Fort Belvoir, VA 22060

1-PMO, MNF-I (e-mail only)
1-CID LNO, MNF-I, APO AE 09335 (e-mail only)
1-Office of the Staff Judge Advocate, Ill Corps, ATTN:

CPT.10(email only) 7C-3¦ "-3
FOR OFFICIAL USE ONLY
• 4
LAW ENFORCEMENT SENSITIVE ‘..0
AGENT'S INVESTIGATION REPORT.

0171-04-CID259-80223

CID Regulation 195-1.

Page 1 of 1

Basis for Investigation: This investigation was initiated based on receipt of RFI 0282-04-
CID001, which requested this office initiate an investigation in reference to the death of Mr.
Sajid KADHIM.
7,66-3
About 1000, 18 Jun 04, SASIMillicoordinated with 1LT :
Legal '
Advisor, Office of the Staff jueige Advocate, 5th Special Forces Group, Baghdad international
Airport (BIAP), APO AE 09342, who briefed the aspects of the incident and provided a copy of

the 15-6 investigation.
About 1010, 18 Jun 04, SA:reviewed the 15-6 investigation pertaining to the 11
incident, which reflected Mr. KADHIM was shot when he engagerlfain a struggle with a soldier
and resisted apprehension. Mr. KADHIM attempted to gain control of the soldier's M4 Carbine
rifle, while entangled with the soldier, and the soldier fired his pistol five times at Mr. KADHIM
to nullify the threat to himself and the other soldiers. 5 th Group SJA opined that it was
reasonable for the soldier to believe that Mr. :ad committed a hostile act and had
Dr
further hostile intent (See 15-6).
About 1130, 18 Jun 04, this office provided a copy of the 15-6 to the 22 nd MP Battalion
Operations Officer who would send a copy to the 3 rd Group SJA for legal opine.:
64,-3
76-31
About 1500, 28 Jun 04, this office received an ophe from CPT : • 12
3 rd GroupCriminal Investigation Command, SJA, that probable cause existed to believe the soldier committed justifiable homicide and acted within the limits of his Rules of Engagement
(ROE).///LAST ENTRY///
SA 78th MP DET Forward (CID)
Special Agent,.

Baghdad, Iraq APO AE 09342

Si

Date: 28 Jun 04 Exhibit: 1
LAW ENFORCEMENT SENSITIVE

CID or 94:
FOR OFFICIAL USE ONLY

•-• 5

Page(s)

Referred to:

U.S. CENT L C MMAND 7115 SOUTH OUN ARY BLV ATTN: CCJ6-D
ACDILL AIR F CE ASE FLS 33621-5101 -
S. JACQUELINE SCOTT scotti@centcomesmiLmil
(813) 827-5341/2830
SEQUENCE NLIMBER
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SUSPENSE DATE
I

DATE NOTED
PLANNED ACTIVITY
DATE.COMPLETED
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NCIC entry on stolen prop
Film submitted for contact sheet

Contact s eet submitted for photos
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VireiNacti:00.W. INVESTIGATIVE STANDARDS

Activity/Person . Phone Number
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Fort Carson CID Form 1, 06 May 02 Previous Editions Obsolete
Re •• •• ••••:1 ••
(CID Regulation 195-1) TIME, DATE, AND AGENT
SUMMARY OF INVESTIGATIVE ACTIVITY
0900, 18 Jun 04:/,/
Basis for Investigation: This investigation was initiated based on a receipt of Pe RFI 0282-04-CID001, which requested this office initiate an investigation in reference to the death of Mr. Sajid KADHIM.
koop. j 8., J un 04 bi eat 64-1 Coordinated with 1LT :who provided a copy of the 15-6 /07e/A-3 .. . investigation and brief of the incident. (See AIR)
1:019,....18:J141/ 94 le--4644i Reviewed 15-6 investigation.

immuipme
11301: 8 Jthit 04
.
f /4 Coordinated with BN OPS who related he would send a copy of the 15-6 to
aNallra iefil V:the 3 Group SJA for review and legal opine. Advised to open an IFI with
justifiable Homicide as the offense.

1230, 18 Jun 04 Briefed SAC on all aspects of this investigation who advised to not send report prior to 3' Group SJA opine.
UMW 1974-.46‘Ci
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(7 761( P (
CW2 MNC-I S • ecial A • ent to Cha • e '''
From: CW2 MNC-I 22ND MP BN/Criminal Intel.
19 76 ( 6 601
Sent: ,.2004 8:18 PM.
To:
Subject: I at

11111111110
Need you to do a corrected IFI for 0171-04-CID259-80223, and make Exhibit 2 (USACRC and file copies only). Here's an example. Please forward to USACRC using the appropriate measure for classified documents (e.g. proper markings, packaging, registered, etc.).
0028-04-CID259-80
145_FIN_HFD.p...

Please call if you have questions.
Thanks!
Respectfully,
/15//
blc-110 .1
CW2, MP
Criminal Intelligence Coordinator
DVNT: 302-5504110

"Serving America and those who serve our great country!"
r_.
I
CW2 MNC-I Special Agent to Cha e 6764/66-'1
From:: W4 MNC-I Operations Officer:
Sent:: mid:'004 3:27 PM: (.2 16-4t 64-1
To:: CW: (E-mail)
Subject: FW: 15=6 for Review

:Original Message— 16(66-1
From: CPT (7Sent: 6, 2004 12:18 AM To: CW4 MNC-I Operations Officer Subject:
Chief:
Both I and OPS say good shoot. j,
CPT: toi
M
From: 4 MNC-I Operations Officer
Sent: e 23, 2004 11:27 PM
To: CPT

Subject: 5:6 for Review
:
Sir,
6161164/k
Anything on this from Mr..111. We would like to write this case, hopefully justifiable. Thanks for the assistance.
On a side note, I received your responce on the CCCI issue. Thanks on that also.
VR:
t749-
IMP 12161
:Original Message--
From:: CPT

Sent:: 2004 9:13 PM
To:: 4 MNC-I Operations Officer
Subject: : 1 -6:eview

Chief:
I just reviewed. I am waiting on OPS as my OPS wants to review before we give you our "official" position. I also see a good shoot. I will let you know what ops says asap.
CPT. b )160-2--
:Original Message
From:: W4 MNC-I Operations Officer
Sent:: , June 1B, 2004 8:27 AM:

(2
To: CPT:E-mail)
Cc: CW:) (E-mail) 4,, "7 --2 f 66 .....2....
Subject::5-6 for Review

CPT up
Could you please review this 15-6. This is an RFI on an alleged bad shoot. We see good shoot and so does SJA, 5th SF. We want your opinion to get someone out of the chain of command. :
i..;:;
1
:Original Message----
6-(0°
From: CW2 MNC-I 22ND MP BN/Criminal Intel (776 -
Sent:: y, une 8, 2004 11:40 AM
To: 4 MNC-I Operations Officer
Su

« File: 1.pdf « File: 2.pdf « File: 3.pdf» « File: 4.pdf» « File: 5.pdf
Respectfully,

1/s//
(0 -7e..... --Cr "47
411.1111111101011101 CW2, MP Criminal Intelligence Coordinator DV1VT: 302-550.111,
"Serving America and those who serve our great country!"
2

Page(s)

Pc?

Referred to
U.S. CENTRAL COMMAND 7115 S UTH B UN ARY BLV ATTN: CCJ6-D
C ILL AP' FOr CE ASE FL A 33621-5101 -
MS. JAC UELINE SCOTT scotti ydentcornismil..mil
(813) 827-5341/2830
FOR OFFICIAL USE ONLY.

LAW ENFORCEMENT SENSITIVE

DEPARTMENT OF THE ARMY
U. S. ARMY CRIMINAL INVESTIGATION COMMAND
6010 6TH STREET
FORT BELVOIR, VIRGIN/A 22060-5506

REPLY TO
ATTENTION OF

S: 30 Jul 04
CIOP-CO 15 Jun 04

MEMORANDUM FOR Commander, 3rd Military Police Group (CID), USACIDC (ATTN: CIRC-
OP), 4699 North Street, Forest Park, GA 30297

SUBJECT: Request for Investigation (0282-04-CID001)
1.
On 15 Jun 04, this office received information from the Detainee Assessment Task Force,
USACIDC, Ft Belvoir, VA, regarding an alleged incident in which Mr Sajid Kadhim was murdered
by US forces. The information is documented in the attached Washington Post article, dated June
15, 2004.

2.
Request a Report of Investigation be initiated concerning the information reflected above.

3.
Request acknowledgment of this RFI no later than 22 Jun 04. Further, request the
sequence/report of investigation (ROI) number of the investigation no later than 29 Jun 04. A
response to this RFI, to include sequence/ROI number and the status of the investigation, will be
forwarded to this headquarters, ATTN: CIOP-COP, no later than the above suspense date. If no
ROI is initiated, that information will be provided to this headquarters. All correspondence will
clearly identify the HQUSACIDC control number.

4.
Point of contact for this action is CW31111/0/1111.at (703) 80641111or gm@belvoir.army.mil.

FOR THE DEPUTY CHIEF OF STAFF, G-3:
//orig signed//
as
CW5, MP
Chief, Investigative Operations Division

FOR OFFICIAL USE ONLY.

LAW ENFORCEMENT SENSITIVE

dim
Printed on Recycled Paper
:t.tt
DODDOACID-004909
CW2 MNC-I Serial Agent to Chage
1 =
From: CW4 MNC-I Operations Officer
Sent: 4 12:25 PM To: CW2 MNC-I Special Agent to Chage Subject: jukffiable140micide Case
Sounds good to me.
----Original
A 4-I/
From 2 MNC-I Special Agent to Chage (.2 7/ t
Sent: 12:18 PM
To: CW4 MNC-I Operations Officer
Subject: -.I.de Case

Sir,
I would like to run the justifiable homicide case as None for Subject and lisphthe Iraqi Civilian for the victim as long as 3rd Group SJA agrees with Justifiable Homicide. Thanks.
imp oe.---4
pecia Agent In Charge
78th MP DET (CID) (FWD)
Baghdad, Iraq
APO AE 09342

1
0111111111111111111. CW4 MNC-I 9perations Officer , / -3
3/ t- ' From:: CW3:V76.e.-: ID 7 4-4146 Sent: 15, 2004 9:06 PM To : CW4 MNC-1 Operations Officer (E-mail) : SFC MNC-1
iii.:',13uT..4,1g 0.8 NCO (E-mail).CW3 CJTF7-22. E-mail)
Cc:. AJ MNC-I BN S3 (E=i
Subject:. 71 -0282-04-CID001

RFI (0282-04).doc
22d OPNS: This new ROI requests ROI to be initiated based a media article
which can be read at the hyper-link.

Please acknowledge receipt of this RFI (either SIPR or NIPR)

v/r
177666--1

64'4-
.

Oxi inal_Mess e. .

6 -7(' --6)/
From: [mailto11111111111SBELVOIRDMS.ARMY.SMIL.MIL]
Sent: Tull, line 5, 2004 4:3 M.

i 1 e...4( t.5°-/'
To: 'CW4 (3d MP Gp (CID) )' (E-mail);411111- CW541,111k(E -mail); .

00

Lamp3sok (E=Mail)
Cc: 'Mr.4111111t(HQUSACIDC) ' (E-mail), 4111111111110@us.army.smil.mil'
Subject: RFI 02 2 -04 -CID001

Gentlemen

Please find the attached RFI.

Please acknowledge receipt of this message.

«RFI (0282-04).doc
The website for the article is as follows" SIPR will not allow me to attach
the article itself.

http://ebird.afis.osd.mil/ebfiles/e20040615294983.html

1
764/ 0120 4(: 0 c. .J 4 - 0 4 °_iptl
ilififta tement ofCase No. 0234-0 -
illinnialliallaken on 10 June 04, at Fort Carson, CO, continued:"
arted beating his head against the wall. We moved him to the center of the room so he could notcause further injury to himself ..1k did suffer self-inflicted cuts and bruises to his head andhands at this time We restrained : at this time by holding him still on the floor and telling him
to calm down. After a short while :
calmed down. I asked him questions pertain to his
capture and he provided short answers to the questions. I had the ODA medic examine MOW prior injuries to see what care he required. The ODA medic said that his injuries had been well taken care of by the first aid station personnel at FOB Danger. The cuts and bruises he inflicted upon himself were .:, apt they were minor in nature. (The ODA VITRO the staples
and stitches from . cad once his injuries healed:
seeral times over
the next few days concerning his anti-coalition activity. 11111111E4as evasive at first giving up
relatively little information I informed him we had his signed confekm from the first time he
was detained stating he killed American soldiers in an ambush in August of 2003. At this time he
then admitted he was involved in anti-coalition activities. I did not have his confession but I knew
of the confession. Over the course of the next several day's interviews NM became much more
cooperative. The reason for his change of heart was because he wanted to see his family again and
I informed him that the more he cooperated with us the less time he would spend in jail.

informed on several members of his cell and eavimpil two confession detailing time, place and
circumstances of his anti-coalition activities. IMIrcrinits to killing four American soldiers.
V..:al
ell was transferred down to Abu Ghareb prison in April 04. When he was being loaded on the
7.:ODA Defender truck he started crying. I asked our interpreter to ask him why he was crying.

allastated
44, that he wanted to stay with us and not be transferred to another facility. I informed him he could not stay with us any longer and he would get transferred to another facility. During
NM
stay with us he was under constant guard by 1 memberthe ODA guard force
consisting of a squad of 1' infantry soldiers. He occasionally was guarded by a member of the
ODA' s Peshmerga guard force. The holding facility was constantly monitored by closed circuit
TV by a member of ODA 065 24 hours a day. The guards had been given strict orders not to have
any interaction with MI They were informed if he had any requests or complaints I or another

ODA member was to be informed and we would see to him.alla was fed and 3 times a day. He 7F 7C66 f6ate the same food the ODA ate. He was given large portions each time. He had access to water 7fr and restroom facilities at all times. I informed the ODA members who pulled operations watch7e, that if anything was reported to them by the guards or they observed anything suspicious
002 concerning 4111 I was to be informed. This occurred on two occasions. Both times I was went
i
,with an interpreter to see what he wanted and both times it was for trivial reasons. I think he just
r
wanted attention. I never witnessed or heard of any abuse committed against
MINI1while he was in the custody of ODA 0651111.
7eae4 cc TF7d. a4s,
eat SA01111110. Zibt9/
A MSG NOM Te,,/ 4e7,i4: •

Q: Who was the other member of the ODA 065 who helped you move allninto the interview
room after you first took him into custody?
A: SFC IIIIIIIIP 76-akb Ct
Q: Who was the ODA medic?
A: SFC IMINiet
And CPTIIIIIM helped me pick him up from the 1-18 th holding facility.
Q: Was CPT _:
'nvolved in any interaigations?
A: No.1110 ei,i'bb V: DODDOACID-004912
INITIALS OF PERSON MAKING STATEMENT
IIP 7eArobbfl
Page 2 of 3 Pages
FOR OFRWFWATM ONLY
9
LAW ENFORCEMENT SENSITIVE

Page(s)
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Referred to
U.S. CEN TRAL COM AIS 7115 S PITH B f UND BLV ATTR CCJ6-
AC ILL Al F CE ASE FLO A 33621-5101
MS. J 1\C UELINE SCOTT scat' centcom.smiLmil
(813) 827-5341/2830
Defense intelligence Agency
315e ! Products h4 Rceran InIArlap.-nntorka I Feedback Sile MaDi A. Flume I Vi-nnt% \ hy 1.
UNCLASSIFIED - FOUO
Washington Post
June 15, 2004 Pg. 13
Family Seeks Justice In Case Of Iraqi Slain By U.S.
Troops
By Jackie Spinner, Washington Post Staff Writer
BAGHDAD, June 14 -- The first thing they heard was the crash from the Humvee pushing through the metal courtyard gate. Then two shots were fired into the tile at the entryway before a team of U.S. soldiers and Iraqi military guards burst into the house where Sajid Kadhim was sleeping in the front room with his wife and
five children, his family recalled.
The soldiers rounded up other relatives scattered about the house and herded the women and children into a room with a colorful mural depicting a popular Iraqi play called "The Battle of Tuf." Sajid, a moderately well-known Baghdad actor, had played the role of the murdered brother of Imam Hussein, the grandson of the prophet Muhammad, in that play days earlier.
The power was out in Kamiliya, a suburb of Baghdad, in the early morning hours of May 17, when the soldiers came, the family said. So in the pitch black,-they
listened carefully. They heard the soldiers drag Sajid into the room where his
mother slept. "Oh, you coward," they heard Sajid yell. Then there were shots.
The soldiers left, taking with them a hooded man they said was Sajid. But the
family found the actor's body stuffed under some mats behind a refrigerator. He
was dead. The U.S. military confirmed Friday that an American soldier had shot
him.
When Saddam Hussein ruled Iraq, the family would hav7held the funeral, buried the dead and moved on with life. But Qasim Kadhim, Sajid's brother, said the Americans who toppled Hussein promised democracy and justice in a new Iraq. So he hired a lawyer, presented the case to a local neighborhood council that the U.S.-led occupation authority set up after the war and demanded that the military investigate. When days turned into weeks and he started to feel as if no one was listening, he went to the news media.
More than anything, Qasim wants to make sense of what this new justice was supposed to look like, he said in an interview. "All the criminals of the first regime were arrested," he said. "They didn't kill any of them. What happened to my brother was a crime. This was an execution of a civilian in his house.
"But who was the judge? Who defended the suspect? Where is the democracy? Where is the freedom that a person can be killed without a court, without an investigation?"
In a statement issued Friday that did not name Sajid Kadhim but that a military spokesman said referred to his case, the U.S. military said an informant led them to Sajid with information that he "bragged to his neighbors about murdering a 1st
Cavalry soldier at a checkpoint."
P:
"During the raid, the Iraqi attempted to grab the weapon of a U.S. soldier, who
shot and killed him," the statement said. "Until the investigation is complete, it
would be inappropriate to comment further."

As an occupying army, U.S. military personnel stationed in Iraq have had
immunity from Iraqi law since U.S.-led forces took over the country in April of last
year.

4-ft
Family members, neighbors and fellow actors said Sajid was a peaceful, law-
abiding man who supported the U.S. presence in Iraq. They said he was a
religious moderate and a member of a local security league that spoke out
against the violence that has gripped this country in recent months.

Qasim said when he first went to the U.S. military to find out what had happened
to his brother, a captain apologized and told him the killing was an accident. The
captain asked Qasim to return with letters of support vouching for his brother,

Qasim said.
Qasim got letters from the Iraqi Theater Union, from local government leaders
and from sheiks. "Sajid was one of the notable figures of the Kamiliya

neighborhood," said a letter from the National Front of the Iraqi Tribes. "He used to stick to law and order. He used to hold several meetings to fight terrorism and chaos, helping people and telling them not to fight the coalition forces." A letter from Abdul Redha Sheik Muhsin Egeili, the chief of the Union of Notable Figures of the Zahraa, Ghadeer and Hussein neighborhoods, called Sajid "the dove of peace."
Qasim said he returned with the letters to Camp Falcon, the U.S. base closest to the neighborhood and the one responsible for security in this part of Baghdad.
This time the captain told Qasim that his brother had resisted arrest, he said.
e. C
The official report from the morgue said Sajid was shot five times, once in the
leg, once in the throat, once in the armpit and twice in the chest.
In the room where Sajid died, his brothers Haider and Jawad showed the holes in
the wall and floor where the bullets struck after passing through Sajid's body.

The electricity was out again, and the soft light from a broken window created
shadows on the walls as the brothers reenacted the scene to show how they had
been placed.

They had been tied up in the kitchen across a dim hallway, forced to kneel on the
tile, their foreheads pressed against the cold cement wall. They were there when
they heard the shots that killed their brother, Haider and Jawad said.

Haider said that when he heard the shots, he asked if his brother had been killed.
He said a soldier told them they were just checking the gun that Haider had
brought to them, the Kalashnikov assault rifle that Sajid kept upstairs to protect

his family. Haider said the soldier then struck him in the head with the butt of his
gun, leaving a wound that had to be stitched.
In a video of Sajid's funeral procession on May 20, Haider can be seen in front.
striking his head and his hands in a gesture of mourning. A blood-spotted
bandage around his head covers the wound that was visible as a scar last week.

Sajid's coffin, borrowed from a local mosque, is shown draped in the Iraqi flag,
the sign of a martyr.
U.S. soldiers had been to this neighborhood before,.the family and neighbors
said, but there had been few clashes between residents and the troops. "It was
very quiet," said Nasr Kadhim, another of Sajid's brothers, who lives next door. "When they used to come, they used to knock on the door, and they would take the family outside, search the house and then leave."
9
DODDOACID-004917
One of the things that bothers Qasim the most, he said, is the way in which his
brother died, killed at home with his wife and children in the next room.
"Saddam was a tyrant, but he did not commit such an inhumane crime," Qasim
said. "This happened in the quietness of night, which goes against our values
and the religious values of Moses and Jesus and Muhammad." •
Even if the Americans believed that his brother was guilty, he did not deserve to
die without having a chance to defend himself, Qasim said. This is the irony of
the new justice that he cannot comprehend.
"This crime happened after Abu Ghraib and after the apology of President Bush," Qasim said, referring to the scandal in which U.S. soldiers were accused of abusing Iraqi detainees in their custody. "We wish for the American press to publish the truth, for the American society to see this."
Sajid's eldest son, Ali, 12, stood by his uncle's side as he talked. The women of the household sat on rugs around the perimeter of the room, fanning themselves with pieces of cardboard. Sajid's widow, completely covered in black, including her face and hands, tried to comfort her youngest child, 1-year-old Abbas.
"He was the source of our living," All said of his father. "Why did they do that? Even Saddam didn't kill a person in front of his children."
All said he used to like the U.S. soldiers, that he felt safer when they were around.
"Now I see them, I feel that they're going to kill me," he said.
Special correspondent Bassam Sabti contributed to this report
Washington Post
June 15, 2004
Pg. 13

Family Seeks Justice I Case Of Iraqi Slain By U.S. Troops
By Jackie Spinner, Washington Post Staff Writer
BAGHDAD, June 14 -- The first thing they heard was the crash from the Humvee pushing through the
metal courtyard gate. Then two shots were fired into the tile at the entryway before a team of U.S.
soldiers and Iraqi military guards burst into the house where Sajid Kadhim was sleeping in the front
room with his wife and five children, his family recalled.

The soldiers rounded up other relatives scattered about the house and herded the women and children
into a room with a colorful mural depicting a popular Iraqi play cast "The Battle of Tuf." Sajid, a
moderately well-known Baghdad actor, had played the role of the murdered brother of Imam Hussein,
the grandson of the prophet Muhammad, in that play days earlier.

The power was out in Kamiliya, a suburb of Baghdad, in the early morning hours of May 17, when the
soldiers came, the family said. So in the pitch black, they listened carefully. They heard the soldiers drag
Sajid into the room where his mother slept. "Oh, you coward," they heard Sajid yell. Then there were
shots.:.

The soldiers left, taking with them a hooded man they said was Sajid. But the family found the actor's
body stuffed under some mats behind a refrigerator. He was dead. The U.S. military confirmed Friday
that an American soldier had shot him.

When Saddam Hussein ruled Iraq, the family would have held the funeral, buried the dead and moved
on with life. But Qasim Kadhim, Sajid's brother, said the Americans who toppled Hussein promised
democracy and justice in a new Iraq. So he hired a lawyer, presented the case to a local neighborhood
council that the U.S.-led occupation authority set up after the war and demanded that the military
investigate. When days turned into weeks and he started to feel as if no one was listening, he went to the
news media.

More than anything, Qasim wants to make sense of what this new justice was supposed to look like, he
said in an interview. "All the criminals of the first regime were arrested," he said. "They didn't kill any
of them. What happened to my brother was a crime. This was an execution of a civilian in his house.

"But who was the judge? Who defended the suspect? Where is the democracy? Where is the freedom
that a person can be killed without a court, without an investigation?"

In a statement issued Friday that did not name Sajid Kadhim but that a military spokesman said referred to his case, the U.S. military said an informant led them to Sajid with information that he "bragged to his neighbors about murdering a 1st Cavalry soldier at a checkpoint."
"During the raid, the Iraqi attempted to grab the weapon of a U.S. soldier, who shot and killed him," the statement said. "Until the investigation is complete, it would be inappropriate to comment further."
As an occupying army, U.S. military personnel stationed in Iraq have had immunity from Iraqi law since U.S.-led forces took over the country in April of last year.
http://ebird.afis.osd.mil/ebfiles/e20040615294983.html 6/16/2004
DODDOACID-004919
Family members, neighbors and fellow actors said Sajid was a peaceful, law-abiding man who
supported the U.S. presence in Iraq. They said he was a religious moderate and a member of a local
security league that spoke out against the violence that has gripped this country in recent months.
Qasim said when he first went to the U.S. military to find out what had happened to his brother, a
captain apologized and told him the killing was an accident. The captain asked Qasim to return with
letters of support vouching for his brother, Qasim said.
Qasim got letters from the Iraqi Theater Union, from local government leaders and from sheiks. "Sajid
was one of the notable figures of the Kamiliya neighborhood," said a letter from the National Front of
the Iraqi Tribes. "He used to stick to law and order. He used to hold several meetings to fight terrorism
and chaos, helping people and telling them not to fight the coalition forces." A letter from Abdul Redha
Sheik Muhsin Egeili, the chief of the Union of Notable Figures of the Zahraa, Ghadeer and Hussein
neighborhoods, called Sajid "the dove of peace."
Qasim said he returned with the letters to Camp Falcon, the U.S. ba closest to the neighborhood and
the one responsible for security in this part of Baghdad. This time the captain told Qasim that his brother
had resisted arrest, he said.
The official report from the morgue said Sajid was shot five times, once in the leg, once in the throat,
once in the armpit and twice in the chest.
In the room where Sajid died, his brothers Haider and Jawad showed the holes in the wall and floor
where the bullets struck after passing through Sajid's body.
The electricity was out again, and the soft light from a broken window created shadows on the walls as
the brothers reenacted the scene to show how they had been placed.
They had been tied up in the kitchen across a dim hallway, forced to kneel on the tile, their foreheads
pressed against the cold cement wall. They were there when they heard the shots that killed their
brother, Haider and Jawad said.
Haider said that when he heard the shots, he asked if his brother had been killed. He said a soldier told
them they were just checking the gun that Haider had brought to them, the Kalashnikov assault rifle that
Sajid kept upstairs to protect his family. Haider said the soldier then struck him in the head with the butt
of his gun, leaving a wound that had to be stitched.
In a video of Sajid's funeral procession on May 20, Haider can be seen in front, striking his head and his
hands in a gesture of mourning. A blood-spotted bandage around his head covers the wound that was
visible as a scar last week.
Sajid's coffin, borrowed from a local mosque, is shown draped in the Iraqi flag, the sign of a martyr.
U.S. soldiers had been to this neighborhood before, the family and neighbors said, but there had been few clashes between residents and the troops. "It was very quiet," said Nasr Kadhim, another of Sajid's brothers, who lives next door. "When they used to come, they used to knock on the door, and they would take the family outside, search the house and then leave."
One of the things that bothers Qasim the most, he said, is the way in which his brother died, killed at home with his wife and children in the next room.
hrtp://ebird.afis.osd.mil/ebfiles/e20040615294983.html : 6/16/2004 DODDOACID-004920
"Saddam was a tyrant, but he did not commit such an inhumane crime," Qasim said. "This happened in the quietness of night, which goes against our values and the religious values of Moses and Jesus and Muhammad."
Even if the Americans believed that his brother was guilty, he did not deserve to die without having a
chance to defend himself, Qasim said. This is the irony of the new justice that he cannot comprehend.
"This crime happened after Abu Ghraib and after the apology of President Bush," Qasim said, referring to the scandal in which U.S. soldiers were accused of abusing Iraqi detainees in their custody. "We wish for the American press to publish the truth, for the American society to see this."
Sajid's eldest son, Ali, 12, stood by his uncle's side as he talked. The women of the household sat on rugs around the perimeter of the room, fanning themselves with pieces of cardboard. Sajid's widow, completely covered in black, including her face and hands, tried to comfort her youngest child, 1-year-
old Abbas.
-.-- "He was the source of our living," Ali said of his father. "Why did they do that? Even Saddam didn't kill a person in front of his children."
Ali said he used to like the U.S. soldiers, that he felt safer when they were around.
"Now I see them, I feel that they're going to kill me," he said.
Special correspondent Bassam Sabti contributed to this report.
:
6/16/2004
http://ebird.afis.osd.miliebfiles/e200 40615294983 .html
MID suspect this RF1 was passed to you since it appears to deal with a b764 611 1CD raid in Baghdad.
W3 - 3d MP Group (CID)
co:mit: /:6...1
Sent: Tu:7:

., me , 2004 8:06 PM icr-4, 64-.7.........L?C''_--I
To: CW:raq FWD); CW4:SAGIIIIIMMIr (Iraq FWD)
Subject: Ad:nal info for RFI 0282-0:ooting Death Angers Iraqi

Family
41e.-- 5(
ear cut/pasted the below news article for easy read.
This is additional information pertaining to RFI 0282-04
Boston Globe
June 21, 2004
Pg. 1

Shooting Death Angers Iraqi Family
US tactics in raid raise concerns
By Thanassis Cambanis, Globe Staff
BAGHDAD -- American soldiers stormed into Sajid Kadhum Bouri al-Bawi's house
three hours after midnight on May 17, breaking two doors and rousing the
dozen children who live there.

An hour later, family members recalled, the soldiers led a hooded man from
the house and told the family they were arresting Bawi. Only after the
soldiers left with what appeared to be a prisoner did Bawi's brother find
his bloodied body, shot five times and stuffed behind a refrigerator
underneath a pile of mattresses.

The US Army is investigating the shooting, and admits that Bawi was shot and
killed by an American when, according to the soldiers involved, he tried to
seize a soldier's weapon.

Bawi's slaying during the kind of routine night raid that is the military's
bread-and-butter counterinsurgency tactic raises questions about the control
and supervision of soldiers on those raids, and the reliability of the local
informants whose tips are often behind the arrest lists.

The events described by family members are chilling: They say Bawi was
killed in his mother's bedroom during an interrogation, while soldiers
banged on metal doors to dull the sound of the shots.

The soldiers then pretended they were detaining Bawi, according to several
members of the family who were present, parading another man in a dishdasha,

.00
or robe, through the darkened house to trick the family into thinking that
the head of the household was still alive.

Brigadier General Jeffery Hammond, the number two commander of the First Armored Cavalry Division, which patrols Baghdad, said the shooting was unlikely to have occurred as described by the family.
"We have too many lines of supervision on any operation we do," Hammond said. "It would be hard for me to believe that could happen."
In a terse statement released more than two weeks after Bawi's death, after
repeated visits by his relatives to military officers stationed near the
slum where his family lives, the military admitted the shooting and said it
had officially opened an investigation.

"According to a source, the Iraqi was an anti-Iraqi forces operative whom bragged to his neighbors about murdering a First Cavalry soldier at a checkpoint," the statement said.
Acting on the informant's tip, soldiers raided the house in Kamalaya, a
mostly Shi'ite slum south of the Sadr City section of Baghdad.

"It is reported that during the raid, the Iraqi attempted to grab the
weapon of a US soldier who shot and killed the subject," the statement said.

Through a spokesman, Hammond said it would be inappropriate to comment any further before the investigation was complete. It is not clear when that will be, nor has other information been disclosed regarding the identity of the unit or the names of the soldiers involved. In the past year, investigations into shootings by US troops have taken anywhere from a few weeks to several months.
It was not clear why the interrogation of Bawi took place in his house,
rather than at an American base after his arrest.

The shooting, as recalled by a half-dozen family members present the night of the raid, has left deep scars on the family. The Bawis live in a two-story home on a narrow dirt lane just off the main road in Kamalaya. On the night of the raid, Bawi, his wife, and five children were sleeping in the front room, the only one with an air conditioner.
According to the family, US soldiers, accompanied by a translator, a group of Iraqi Civil Defense Corps soldiers, and an informant -- hooded to mask his identity -- entered the house. They demanded to know where Bawi was, and the hulking man -- he was 6 feet 6 inches tall and weighed about 265 pounds -- immediately identified himself.
Bawi was taken to an empty bedroom just behind the living room, family members said. The soldiers roused the families of two other brothers, who live in the same house. In a standard practice, they held the three other men in the house in the kitchen, and separately kept the women and children in the living room, where they sat on the mattresses in front of a wall-sized mural depicting the battle of Karbala, the signal event in the
founding of Shi'ite Islam.
The soldiers found a machine gun in the upstairs bedroom belonging to Haidar
Bawi, one of Bawi's brothers.
"1 could only hear muffled sounds from the other room," said Wathiq Jawad
Kadhum, 27, a nephew who was held in the kitchen during the roughly 45
minutes that soldiers interrogated his uncle in the bedroom.
Kadhum, his brother Muthanah Kadhum, and his uncle Haidar Bawi were
handcuffed and kept on their knees at gunpoint, they said.
Several times, the translator and an American officer came to the kitchen
and addressed the three men. "They said, Sajid is in the resistance, isn't
he?" Wathiq Kadhum said. "They asked me, what do you do?"
About half an hour into the interrogation, Wathiq Kadhum and Muthanah Kadhum said they heard Bawi shout, "Oh, you bastard!" Then, they said, a series of gunshots rang out. A soldier kicked the metal door to the washroom, the family theorized, perhaps to mask the noise of the bullets.
The translator and officer came to the kitchen and told the relatives they had test-fired the confiscated weapon. Wathiq Kadhum said he demanded to know what happened.
"The translator told rne, shut up, don't ask questions," he said. Someone -­in the darkened kitchen, he could not tell who -- then hit him in the face with the butt of a gun, he said. His forehead bears a seven-stitch scar, and videotapes from his uncle's funeral show a bandage around his forehead with a streak of blood.
"Anyone who moves, we'll kill him," Muthanah Kadhum said the translator told him.
Shortly before 4 a.m., the soldiers left, taking with them a hooded man wearing one of Bawi's white robes, family members said.
The family regrouped in the yard.
"It was ordinary. We thought they had taken Sajid and maybe they would return him within a month," said his brother Nasser Bawi, 36, who lives. in the next-door house, which is separated from Bawi's by a 3-foot-wide alley. He had waited in front of the house during the raid with another brother, Qasim Bawi, 40, and with a group of neighbors.
"We were sure he was just arrested and would come back."
One neighbor brought wire cutters to remove the plastic cuffs binding the hands of the three men.
DODDOACID-004924

When the power came back on, family members and neighbors filtered into the house to survey the mess and damage left from the soldiers' search --cabinet doors askew, doors broken, bedding and clothes thrown to the floor.
That's when Hathima Hakim, Nasser Bawi's mother, saw a pair of feet
protruding from under a mattress.
"It was as if the ceiling had opened up and dropped him," she said. She
screamed: "It's Sajid!"
Nasser Bawi came running, thinking that American soldiers had brought his
brother home.
"I found him soaked in blood," he said, breaking into sobs as he stood next
to the same refrigerator that had partially hidden Bawi's body.
.4=21
The coroner's report from the Baghdad Morgue, dated May 29, said Bawi had five bullet wounds: two in the torso, near the heart; two on his left side; and one in his right thigh.
Qasim Bawi represented the family in several visits to a nearby US base, the first one a few days after the funeral.
At an officer's request, he brought letters -- from neighborhood and tribal councils, from an Islamic charity, and from the actors' union -- attesting to Bawi's good character.
According to his brothers, Bawi, like the rest of the family, welcomed the United States as liberators. "When Saddam was captured, he hired a band for the neighborhood," Qasim Bawi said.
Family snapshots show Wathiq Kadhum, the brother with the forehead scar, frolicking in a waterfall last summer, his arm around a female US soldier.
Now the family lives in fear. The children said they can't sleep. Knocks at the door make the men jump.
Ali, at l 1 the eldest of Bawi's children, said he has a recurrent nightmare in which he cannot find his family. "I don't go near the Americans anymore, because I'm afraid they will kill me," Ali said.
Bawi's relatives say they want an apology from the Army, a trial for the person who shot him, and only then, financial compensation.
Qasim and Nasser Bawi think the soldiers were tricked by an Iraqi informant who had a personal gripe against their slain brother, a well-known figure in the neighborhood who ran a business renting tents and chairs for funerals.
They do not have a guess as to who the informant was, but they refer to him as "Hassan," because one of the neighbors contends he heard an American soldier say, "No, Hassan," to the informant as they left the house.
Less than a month before his death, Bawi starred as Abbas, a founding figure of Shi'ite Islam, in a Sadr City production.
His brothers scoffed at the allegation that Bawi had killed an American soldier, or that he fought the soldiers who were interrogating him during the raid. "He was so fat, he couldn't run," Nasser Bawi said. "How could he be in the resistance?"
"C..
(2
(CID.", (E-mai l); OM.
With school over for the summer and their mother in mourning, Sajid Bawi's
five children stay in the house all day. The women cry ritualistically,
especially when visitors come. They refuse to clean a spot of blood on the
wall where they say Bawi was shot, or replace a shattered windowpane, or
move the refrigerator into its proper place.
"They think they have killed one man," Qasim Bawi said. "They have killed
the whole family."
Original Messa
From::CW3 [mailto
:belvoir.army.milJ Sent: Tug* June 22, 2004 9:22 c. d,' .- 9--..1.)-i -

To J - 3d MP Oro - ( W4;:(E-mail): Subjeci: FW: Shooting Death Angers Iraqi Family
Gentlemen
The below refers to RFI 0282-04-CID001. A more definitive name versus what I sent originally.
Also, I sent three new RFI's to you for 22nd via S1PR this morning.
Numbers are 0302/0303/0304.
ble..-3,641"
OriginalMessage
.
From: Sent: Tuesda , June 22, 2004 9:06 AM To::CW3 Subject::Shooting Death Angers Iraqi Family
Shooting Death Angers Iraqi Family.htm This article concerns victim of RFI 0282-04-CID001 ­ We have his name as SAJID KADHUM but in this
Just thought t'a'll
article they id him as SAJID KADHUM BOURI AL-BAWL. ought to know.
V/R
3 /
msci/MIM
r Shooting Death Antlers Iraai Familv.htm
2.

Doc_nid: 
2382
Doc_type_num: 
66