Naval Criminal Investigative Demand (NCIS) Documents

(Released on June, 2008 | Learn More: The Human Cost of War - Civilian Casualties in Iraq & Afghanistan )

Document Agency Incident

Date Specific

Location Description

Navy NCIS

18155-19097

Parts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48 Navy 26-Apr-06 Hamdania, Iraq "Here I am, locked in a room with a guard, for what is said to be my own protection. Been here three days now. I don't know what you know or if I can even tell you but I've failed to do what I've always been about and what you have taught me . . . standing up for what is right. Had I done that, this mess would be non-existent." -- Letter from a U.S. Marine involved in the death of Hashim Awad to his family.

This Naval Criminal Investigative Service (NCIS) file involves the death, by U.S. Marines, of Hashim Awad, a 54-year-old disabled Iraqi male national. In the early morning hours of April 26, 2006, Marines arrived at Awad's home, pulled him from his home, shot him by the side of the road, planted an AK-47 and shovel on him next to a partially dug hole to make it appear as though he was an insurgent caught burying an Improvised Explosive Devise, and then left. The Marines initially tried to cover up the incident. However, after an investigation the story was revealed. At a series General Courts Martial the following convictions were returned: one Marine was found guilty of Conspiracy to Commit Kidnapping and Kidnapping; three Marines were found guilty of Conspiracy to Obstruct Justice and Assault; one Marine was convicted of Conspiracy to Kidnap and Murder to include Willfully and Wrongfully Seize and Carry Away Awad Against his Will; one Marine was convicted of Conspiracy to Kidnap, Larceny, and Housebreaking; and one Marine was convicted of Conspiracy to Kidnap, False Official Statement, Premeditated Murder, and Larceny.

Navy NCIS

19101-19173 Navy 4-Jan-06 Forward Operating Base Camp Korean Village, Iraq "[REDACTED] remember when he was struggling on the floor he had a sick white color to his skin. I also remember we had our interpreter [REDACTED] try to [REDACTED] talk to him because Abbas [sic] was jabbering while kneeling in the front room." -- U.S. Marine describing taking Adnan Eid Abbass into custody less than an hour before he was found dead in the back of the military truck he was transported in to Camp Korean Village Army Base in Iraq.

This Naval Criminal Investigative Service (NCIS) file involves the death in U.S. custody of Adnan Eid Abbass, an approximately 50-year-old Iraqi male national. Marines were conducting nighttime raids in the early morning hours of January 4, 2006. The last home they went to was Abbass' located in Ar Rutbah, Iraq. Upon entering the home the Marines separated the military-aged-men from the woman and children. According to several Marine statements Abbass was uncooperative and force was used to subdue him. One Marine noted that Abbass was "struggling on the floor [and] he had a sick white color to his skin." According to a translator Abbass was upset that his home was being raided and was yelling that there were no insurgents in his home. Abbass, along with two other detainees, was taken from the home and placed in the cargo area of a Highly Mobile Multi-Wheeled Vehicle (HMMWV). The Marines then made their way toward Forward Operating Base Camp Korean Village, Iraq. The ride from Abbass's home to the base was from 2:05 am to 3:30 am. The weather outside was cold - it was between 32F and 55F. According to Marine statements Abbass and the other detainees had blankets placed over them in the HMMWV. The Marine gunners sat in sleeping bags. Upon arrival at Camp Korean Village it was discovered that Abbass was dead. After interviewing the Marines and others involved, and conducting an autopsy, NCIS determined that the cause of Abbass's death was from Atherosclerotic Cardiovascular Disease complicated by Hypothermia and that the manner of death was accidental. The investigation was closed.

Navy NCIS

19174-19198 Navy October 28 through 30, 2005 Nori Ismail Rowais Farm, Zaidon, Al Anbar Province, Iraq "The following Thursday, [REDACTED] of the victim, came to the FLT [Fallujah Liaison Team] and did not have his lawyer with him. [REDACTED] was angry and his eyes were red. He remained angry as he told the story, but calmed down once he was paid [REDACTED]. He was upset that [REDACTED] had many children and he did not know how they were going to be fed. Once he was paid, he was not angry at all and he shook my hand and kissed me." -- Interpreter for U.S. Marines describing paying a claim to the family member of Kahar Fuzah Awad.

This Naval Criminal Investigative Service (NCIS) file involves the death, allegedly by U.S. Marines, of Kahar Fuzah Awad, an Iraqi male national. At approximately 5pm on or about October 28 through 30, 2005, it is alleged that American military members entered Awad's home, instructed other members of the family to wait outside the home, and then left the home 30 to 60 minutes later. Allegedly screams and prayers in Arabic were heard coming from the home. Upon reentering their home Awad's family members found Awad dead; his throat was slit and his legs were bound together with an extension cord. Awad's body was taken to a local Mosque where he was buried. U.S. forces became aware of the incident because in March 2006 a lawyer for one of the family members went to the Fallujah Liaison Team with a claims card (claims cards are given to families of civilians that may have suffered death to a person or damage to property by U.S. forces). This claims card was given to the Awad family by a Staff Judge Advocate. Apparently a Staff Judge Advocate was in the vicinity of Awad's home on February 10, 2006, investigating another unrelated incident, when family members told the JAG about the Awad death. The JAG gave the Awad family a claims card. This claims card along with an alleged picture of Awad with his throat cut was presented to the Foreign Claims Commission at Fallujah. The claims personnel advised the lawyer that a family member should come in to discuss the incident. A family member came the following week without the lawyer. The claim was paid. The photograph was forwarded to the Office of the Armed Forces Medical Examiner where the examiner indicated that the wound was most consistent with a cutting of the neck and inconsistent with a gunshot wound, but that an autopsy would have to be performed to make a definitive determination. Attempts to reach the family through the phone number the lawyer provided were unsuccessful. NCIS determined that the area of Iraq - Zaidon, Al Anbar -- was too dangerous to send an investigative team to. The investigation was closed.

Navy NCIS

19199-19266 Navy 3/15/2005 Between Camp Al Taqaddum and Baghdad International Airport in Iraq "Dear Sir, It has been reported to the Embassy that one of your employee Mr. Sajjad Bashir son of [REDACTED] who went to Iraq is missing in that country. It has also been reported to the Embassy that he died on 15 March, 2005 in a road accident. His relatives are extremely worried and have requested the Embassy to interview." -- Letter from Embassy of Kuwait to war contractor Quality Light & Heavy Equipment Co. regarding the death of Saddad Bashir Hussain.

This Naval Criminal Investigative Service (NCIS) file involves the death, by a U.S. Marine, of Sajjad Bashir Hussain, a contractor for Quality Light & Heavy Equipment Co. W.L.L. (a Kuwaiti military contract company). Hussain was a Pakistani male national and a Kuwaiti resident. On the evening of March 15, 2005, Hussain was part of a Marine convoy. The convoy was composed of approximately four Marine HUMVEEs and approximately 30 contractor vehicles that the Marines were accompanying from Camp Al Taqaddum to Baghdad International Airport. All the contractor vehicles, except Hussain's, were military style vehicles. Hussain's vehicle was a pickup truck. The route included going past a civilian gas station. A Marine Gunner on one of the HUMVEEs, who alleged that he did not realize that Hussain's vehicle was part of the convoy and believed that Hussain was an insurgent trying to infiltrate the convoy, used escalation of force and shot and killed Hussain. The Marine Gunner believed that the insurgent had entered from the civilian gas station. (The Marine Gunner first shot the driver side tire, then the engine block, then the passenger side windshield, and then the driver side windshield.) The convoy did not stop to investigate after Hussain's vehicle crashed into the side of the highway. The convoy went on to its destination point. It was later discovered that Hussain was a part of the convoy; his body was located at the Ramadi Hospital Morgue. The NCIS file states that there was initially an investigation by the military contractor Kellogg Brown and Root Services which indicated that Hussain had been shot and killed by a Marine. An NCIS investigation was then initiated. (At first it was determined that Hussain's body would undergo an autopsy - an autopsy that Hussain's family agreed to - to determine whether Hussain's death was caused by the wounds he sustained or if his death was the result of bleeding over a period of time due to lack of appropriate medical aid. Later, it was determined that no autopsy would be performed in order to get Hussain's body back to his family as soon as possible.) It appears from the investigation that the Marine Gunner was not briefed that Hussain's vehicle would be part of the convoy. Evidence was developed that the Marines involved were derelict in their duties, and had made false statements when questioned about the shooting. On December 15, 2005, a General Courts Martial was convened and one of the Marines pled guilty to making false statements. A jury found a Marine not guilty of failing to stop to render assistance to Hussain. The judge dismissed charges against another Marine who was alleged to have failed to brief members of the convoy that Hussain would be part of the convoy. The investigation was closed.

Navy NCIS

19267-19303 Navy 10/9/2005 Ar Ramadi, Iraq "After the shooting, a report was made via radio that a MAM [military aged man] was engaged. . . . During this incident I feared for my life as well as for the members of my team. We were in known hostile territory surrounded by many high rise buildings. We left the body on the side of the road because we were told the Iraqi's will take care of the dead in their own customs. I have never been involved in an incident like this before." -- U.S. Marine describing the death and the immediate aftermath of the shooting death of Faisal Kurdi Serhan.

This Naval Criminal Investigative Service (NCIS) file involves the death, by U.S. Marines (Alpha Company, 3rd Battalion 172nd Infantry Regiment), of Faisal Kurdi Serhan, an Iraqi male national in his twenties. At approximately 5:30 pm on October 9, 2005, U.S. Marines were advised that occupants of a Black Opel station wagon had just allegedly emplaced an Improvised Explosive Devise (IED) in the ground and were fleeing the scene. The vehicle was cornered by a HUMVEE and Marines exited the HUMVEE and approached the vehicle. Marines noticed several AK-47s and IED making components in the backseat of the vehicle. The occupants of the vehicle were three Iraqi male nationals. They exited the car and in the process of attempting to arrest the detainees, the Marines shot one detainee - Serhan -and killed him. Serhan's body was left in the street. (According to the investigation, leaving the body in the street and unrecovered was within the Marine unit's Standard Operating Procedure.) The two other detainees were arrested and taken to Ar Ramadi Detention Facility. There the two detainees - in separate interviews with a civilian contractor who had been hired to conduct interrogation for the Department of Defense - stated that the Marines had told Serhan to walk away and that as Serhan was walking away he was shot in the back. Because their stories matched, an investigation was launched. The Marines were interviewed and each stated that Serhan had been uncooperative and had attempted to grab a Marine's weapon. The Marines stated that Serhan then ran away from the Marines and the Marines shot him because they thought he may have the trigger for the IED devices the Marines had noticed in the vehicle. The Iraqi cab driver stated that the Syrians were being badly beaten by the IAF and that Doe ran away to avoid the beating. A second round of interviews with the two detainees revealed inconsistencies in their stories. One detainee said the instruction to walk away was given in Arabic, the other detainee said it was given in English. Both detainees acknowledged that they were preoccupied with their own situations and may not have relayed the event perfectly. The investigation was closed.

Navy NCIS

19304-19373 Navy 6/26/2005 Al Haqlaniyah, Zaidon, Iraq "The Iraqi Soldiers started beating them, which made one of them escape. The area was very open with no area for him to seek protection. The Iraqi Soldiers yelled at him to Stop, Stop, Stop. Then they started shooting and he was returned dead. After this, they were handcuffed with ropes and started beating them, by this I mean the Iraqi Soldiers under the American Supervision. Then more American Hummers came in. They then tied my hands also and brought me to prison [REDACTED]. P.S. An American Soldier (Gunner) also fired from his Humvee. Also the American's treatment of us was much, much better than the Iraqi Soldiers."¬ - - Iraqi Taxi Driver who was detained along with several Syrian men he was driving into Iraq on the shooting and killing of a Syrian man identified only as John Doe.

This Naval Criminal Investigative Service (NCIS) file involves the death, by U.S. Marines (3rd Battalion 25th Marine Regiment) and Iraqi Armed Forces (IAF), of an unidentified Syrian male national (hereinafter Doe). At approximately 9:30am on June 26, 2005, Marines and IAF were manning a stationary vehicle checkpoint. A red Opel vehicle with four male occupants approached the checkpoint and was stopped. The men were asked to exit the vehicle. According to the witness statements, Marines instructed the IAF to interrogate the men. IAF beat the men until it was determined that one of the men was an Iraqi male national who was driving the other three who, based on their accents and fake Iraqi passports, were determined to be Syrian nationals and likely foreign fighters. In order to avoid continued beating Doe ran from the Marines and IAF. Doe was instructed to stop in Arabic and English. When Doe did not stop Doe was shot by IAF and the Marines. In an interview the Interpreter - a Department of Defense contracted linguist - for the Marines alleged that he and IAF ran over to Doe and Doe was still alive. According to the Interpreter an IAF officer shot three rounds into Doe and when the Marines questioned his conduct the IAF officer stated that "I shoot every fucking Syrian because they are going to blow themselves up." The Interpreter also stated that Marines did not beat or harm the detainees. The IAF officer then asked to shoot the other two Syrian detainees and the Marines would not let him. The cab driver alleged that IAF then handcuffed the other two Syrian nationals and beat them and that Marines were not involved in the beatings. The two other Syrian detainees also stated that IAF officers beat them. (One of the other Syrian detainees identified Doe as Abu Bashir, but the file indicates that this was likely not Doe's proper name.) The IAF officers alleged that they were instructed to interrogate the Syrian nationals by the Marines and that it was the IAF officers who refused to shoot the other two Syrian detainees. The autopsy results were that Doe's cause of death was two gunshot wounds and his manner of death was homicide. The autopsy did not reveal the three additional rounds that the Interpreter alleged killed Doe. An attempt to do a follow-up interview with the Interpreter failed because on July 5, 2005, he was injured as a result of an Improvised Explosive Devise and was medical evacuated to his hometown of Baghdad, Iraq. There were no statements from Marines because upon advice of counsel they invoked their right to counsel. It was determined that there was no command or Staff Judge Advocate interested in the investigation and that the actions of the Marines and IAF were within the Rules of Engagement and that proper Escalation of Force was used. The investigation was closed.

Navy NCIS

19374-19510

Parts 1, 2 Navy 9/20/2005 Fallujah, Iraq "After hearing about how the detainee went for [REDACTED] gun and how the detainee had a hold of his blouse or hand, I would have shot the detainee repeatedly. That's what I teach my Marines, if deadly force is justified they're to ensure the threat is stopped by all means. In my mind I would have at least shot the detainee twice." -- U.S. Marine describing his knowledge relating to the death of detainee Haskem Shefi Abdullah.

This Naval Criminal Investigative Service (NCIS) file involves the death, by a U.S. Marine, of Haskem Shefi Abdullah, a 29-year-old Iraqi male national. On September 20, 2005, Abdullah was detained by a team of Marines for being a suspected insurgent. When detainees are apprehended the military has the person undergo retinal scanning. The scan is then compared to existing scans in a classified database called the Biometric Automated Tool Set (BATS) database to determine whether the person had previously been detained and was on the "Black List." (Notably, several Marines in their witness statements commented that the BATS system is not always correct, up-to-date or reliable.) Abdullah showed up as having previously been detained for being an insurgent and had been held at Abu Ghraib prison from February 2005 to July 2005 and that his detainee number had been 169279. On September 21, 2005, Abdullah was taken to a small wooden building known as a "swahut" to await processing by the Human Exploitation Team (HET). (HET teams determine whether a detainee should be further held or released.) While he was in the swahut Abdullah asked for water and to have his handcuffs removed because he was not feeling well. The Marine watching Abdullah did both. That Marine then had to leave to check on another detainee and asked a second Marine to watch Abdullah for a short while. This Marine - who was on the base to meet with a source who was running late - was left alone with Abdullah. While watching Abdullah - and within seconds of the other Marine's leaving - the Marine watching Abdullah remembered that his 9mm gun was not on the proper setting. The Marine went to reset his gun and as he was doing this, the Marine alleges that Abdullah tried to grab the gun from him. At 9:45am the Marine shot Abdullah once in the chest, and at 10:52am Abdullah died from his wounds. NCIS agents were on the scene immediately and took pictures and interviewed the Marines. The Marine claimed he acted in self-defense. He stated that the Rule of Engagement (ROE) required hostile intent and that his conduct be proportional to the situation. He stated that he believed his conduct was within that range because he acted in self-defense. He also stated that he had never heard anyone explain what the ROE was for close hand-to-hand combat. The Marine surmised that perhaps Abdullah had taken the bold step of trying to disarm a Marine because he had been held at the infamous Abu Ghraib prison. The investigation was closed. For unstated reasons the investigation was then reopened, was designated as one of "special interest," and NCIS requested that the Marine undergo a polygraph examination. The Marine declined to do a polygraph and the investigation was again closed.