QUOTE(USA#1 @ Nov 30 2005, 07:22 PM)
Huge repercussions especially in the realm of TORTURE !!! Wait till a country gets ahold of our guys ... Hanoi Hilton will be a fricking resort to what a country does to our troops one day.
This is the bed the Bush Administration has laid for us.
One day we may pay a SEVERE PRICE !!!
:tree:

Oh, we don't need to wait until that happens, what they did to American POWs in Gulf War 1 is much worst than taking some jerkoff's picture naked in a dogpile.
Typical liberal,

It's only wrong if the USA does it, eh #1?
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
Plaintiffs,
v.
THE REPUBLIC OF IRAQ
c/o Ministry of Foreign Affairs
Baghdad, Republic of Iraq,
THE IRAQI INTELLIGENCE SERVICE
c/o Ministry of Foreign Affairs
Baghdad, Republic of Iraq,
and
SADDAM HUSSEIN in his official capacity as
PRESIDENT OF THE REPUBLIC OF IRAQ
c/o Ministry of Foreign Affairs
Baghdad, Republic of Iraq
Defendants.
COMPLAINT FOR DAMAGES
Plaintiffs, Americans held as prisoners of war (POWs) by the Republic of Iraq during the Gulf War and their principally affected family members, bring this action against the Republic of Iraq, the Iraqi Intelligence Service, and Saddam Hussein, in his official capacity as President of Iraq, for personal injury caused to the POWs by their torture while held by Iraq in Kuwait and Iraq and personal injury to their family members in the United States and elsewhere caused by these acts of torture against their loved ones. Plaintiffs seek redress for bodily harm, emotional distress, economic damages, pain and suffering, solatium and punitive damages to prevent future mistreatment of American prisoners of war and their families. Plaintiffs, as and for their Complaint, allege as follows:
JURISDICTION AND VENUE
This Court has jurisdiction over all matters in this action with respect to 28 U.S.C. § 1330 (1994) as a claim for relief with respect to a foreign state not entitled to immunity under §§ 1605-1607 of that title, including particularly 28 U.S.C. § 1605(a)(7) (1994 & Supp. V 1999), as amended, which provides a general exception from immunity of a foreign state for any case in which money damages are sought for personal injury caused by an act of torture or the provision of material support or resources for such torture by a state designated as a state sponsor of terrorism at the time the torture occurred. Relevant to this provision, the Republic of Iraq was designated as a state sponsor of terrorism on September 13, 1990, prior to its torture and mistreatment of American POWs and their families during the Gulf War as specified in this Complaint. Further, the claimants in this action are nationals of the United States and the Defendants in this action have been afforded a reasonable opportunity to arbitrate the claims herein for acts occurring in the Republic of Iraq in accordance with accepted international rules of arbitration. A copy of correspondence affording Defendants this opportunity is attached hereto at Tab A. A further offer to enter into such arbitration concerning the claims herein for acts occurring in the Republic of Iraq in lieu of such claims in this action has been filed with this Complaint and is attached hereto at Tab B.
This action (brought pursuant to the Foreign Sovereign Immunities Act of 1976, as amended, 28 U.S.C. §§ 1330 & 1602-11 (1994 & Supp. V 1999)) is filed within the limitation period for actions under 28 U.S.C. § 1605(a)(7), as set out in § 1605(f). The Government of the Republic of Iraq, the Iraqi Intelligence Service, and Saddam Hussein, in his official capacity as President of the Republic of Iraq, were immune from suit in this action prior to the 1996 Amendments to the Foreign Sovereign Immunities Act by the Anti-Terrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, 110 Stat. 1214, 1241 (1996) ("FSIA"), which added § 1605(a)(7) to the Foreign Sovereign Immunities Act. As such, the limitation period is tolled until effective enactment of these amendments on April 24, 1996, and the ten-year limitation period begins in that month and year and runs until April 2006. Further, the 1996 Amendments adding § 1605(a)(7) were intentionally and specifically made applicable by Congress to "any cause of action arising before, on, or after the date of the enactment of this Act." See FSIA § 221©, 104-132, 110 Stat. (April 24, 1996), reprinted at 28 U.S.C.A. § 1605 note "Effective and Applicability Provisions." Similarly, the September 30, 1996 "Flatow Amendment," enacted shortly thereafter to clarify the scope of causes of action and damages available to plaintiffs under the amended § 1605(a)(7), is to be read with the earlier amendment passed just five months before. The Flatow Amendment is Public Law 104-208, Div. A, Title I, § 101© [Title V, § 589] (Sept. 30, 1996), 110 Stat. 3009-172, reprinted at 28 U.S.C.A. § 1605 note (West Supp. 2001). See Flatow v. Islamic Republic of Iran, 999 F. Supp. 1, 12-15 (D.D.C. 1998). Specifically, this Court said in the Flatow case: "28 U.S.C. § 1605(a)(7) and 28 U.S.C.A. § 1605 note apply retroactively for the purposes of establishing subject matter and personal jurisdiction." 999 F. Supp. at 13 (emphasis omitted).
Venue is properly in this district pursuant to 28 U.S.C. § 1391(f)(4). Defendants are "foreign states" as defined by 28 U.S.C. § 1603(a) & (

. Defendant, the Republic of Iraq, is a foreign state and, as such, is a "foreign state" as defined by 28 U.S.C. § 1603(a). Defendants, the Iraqi Intelligence Service and Saddam Hussein, in his official capacity as President of the Republic of Iraq, are "agencies or instrumentalities of a foreign state" as defined by 28 U.S.C. § 1603(

and, as such, are also "foreign states" within the meaning of 28 U.S.C. § 1603(a).
PRELIMINARY STATEMENT
On August 2, 1990, the Republic of Iraq invaded and occupied the State of Kuwait in an act of aggression in violation of the United Nations Charter. Subsequently, following United Nations Security Council authorization, an international coalition of thirty-three nations joined active hostilities against Iraq on January 16, 1991, to enforce the international rule of law and compel Iraq to leave Kuwait. Plaintiffs in this case are a group of American national POWs tortured by the Defendants in Kuwait and Iraq while in the custody and physical control of the Government of Iraq during the course of the international response against Iraq’s aggression, as well as principally affected members of the POWs’ families. Plaintiff POWs are truly American heroes who voluntarily placed themselves in harm’s way so that others could live in peace and freedom. They, and their family members, have responded with great courage, dignity and fortitude to the Iraqi government’s brutality and its profound and long lasting effects on their lives.
The American POW Plaintiffs fell into Iraqi hands on varying dates during the conflict but beginning as early as January 17, 1991. All such Plaintiffs were brutally tortured by officials of the Republic of Iraq during their captivity. Treatment while in the hands of Iraqi intelligence personnel was barbarous. As will subsequently be specified in this Complaint, the torture varied for each of the POW Plaintiffs, but the overall torture of American POWs by officials of the Republic of Iraq included severe beatings with pistols and rifles, weighted rubber hoses, truncheons, blackjacks, fists, belts, metal pipes, batons, and sticks, including an axe handle. It further included mock executions; threatened castration; threatened amputation of fingers and other dismemberment; threatened death; threats to send their body parts to their families in the United States; systematic starvation; systematic exposure to freezing cold; deprivation of medical care; purposeful aggravation of existing injuries; electrical shock with a device wrapped around a POW’s head; injection of a mind altering substance; kicking, including with steel-toed boots; cupped hand blows to the ears; beating with a mallet on the knees; handcuffs and restraints so tight as to cut off circulation, damage nerves, and cause the hands to swell and turn purple; use of cattle prods and stun guns; being knocked unconscious, sometimes repeatedly; blows to the legs and neck with a heavy pendulum-like object; whipping with a cat-o’-nine-tails; confinement in darkness; confinement in filthy conditions exposing them to contagion and infection; burning with cigarettes and heated spoons; being led blindfolded into walls and stairwells; being urinated and spat upon; mental suffering about the agony that their families must be enduring when the POWs were not permitted by the Iraqi authorities to inform their families that they were alive; living in constant fear of death and torture, a climate intended to create humiliation and degradation; and other atrocities causing great suffering and serious injury in clear violation of the internationally accepted obligations of the Government of Iraq.
Injuries and illnesses sustained during this torture by American POWs generally included a fractured skull, broken bones, including a broken leg and broken vertebrae, broken tibia, broken facial structure, burns, torn muscles, chipped teeth, broken noses, a dislocated jaw, a dislocated shoulder, a torn rotator cuff, perforated eardrums, injuries to knees so severe as to cause lameness, painful joints, injury to kidneys, numbness and nerve damage, hearing impairment, impairment of the sense of smell, infections including eye infection, dysentery, nausea, severe weight loss, massive bruises (in one case so severe and extensive that the bruising was described "as if the body had been dipped in indigo ink"), and other injuries. In at least one case, a POW Plaintiff was so severely starved he ate the scabs off his own body. Pain and suffering of the POWs during this torture and their mental suffering and anguish resulting during their period of confinement by Iraq were intense and extreme. The effects of this brutal treatment by Defendants have continued in years since.
The POWs suffered not only unspeakable and prolonged physical pain but also intense and prolonged mental anguish and harm, both during the actual infliction of torture and throughout their captivity. They lived constantly in terror of further torture of the type their captors had already inflicted upon them, new and unknown tortures, and the fear of death and dismemberment repeatedly threatened by their captors. They heard fellow prisoners’ anguished cries during beatings, sometimes even recognizing the victims’ voices. Hearing the terrorizing beatings gave the POWs a vivid preview of what they and their fellow POWs could expect and greatly contributed to their anguish. Even the sound of the jailers’ keys filled them with fear. Iraq’s forcing of video "confessions" for propaganda purposes not only generated fear and anguish during the torture compelling these propaganda "confessions," but it also generated tremendous guilt about any acquiescence to their captors’ demands. The POWs also suffered intense and prolonged mental anguish because of the suffering of their family members and the effects upon their family relationships resulting from their torture by Iraq. Among other things, POWs and their family members suffered prolonged mental anguish and harm from Iraq’s intentional and total failure to comply with its obligations designed to provide rapid notification to family members of a detained POW. Some POW Plaintiffs have also suffered professional set-backs and economic damages as a result of Iraq’s tortious actions.
This torture of American POWs, while they were in the custody and physical control of the Republic of Iraq, producing severe pain and suffering, physical and mental, was intentionally inflicted by Defendants for the purpose of obtaining information or a confession, punishing the POWs for their lawful actions in support of the United Nations coalition or for insisting on their rights as POWs while in Iraqi captivity, and in discrimination against them. Iraqi actions against American POWs as set out in this Complaint are a paradigm of the meaning of "torture" as that term is defined in section 3 of the Torture Victim Protection Act of 1991, incorporated into 28 U.S.C. § 1605(a)(7) by § 1605(e)(1). Section 3 of the Torture Victim Protection Act clearly mandates that "torture" includes not only severe pain or suffering for the purpose of interrogation or in an effort to obtain a "confession," but also severe pain or suffering for the purpose of "punishing that individual for an act that individual or a third person has committed or is suspected of having committed," or "intimidating or coercing that individual or a third person" or "for any reason based on discrimination of any kind," and further includes "suffering" [the Act uses the disjunctive "or" rather than the conjunctive "and" in the phrase "pain or suffering"] inflicted for any of the above purposes. The POW Plaintiffs’ custody and physical control by Iraq demonstrates a recurrent pattern implicating all of these meanings of torture under the Act, from beatings upon capture and during captivity as punishment and discrimination against them for carrying out their lawful military duties as members of the United Nations Coalition, beatings and other tortures during interrogation and efforts at forcing verbal and video "confessions," efforts to use them as human shields to coerce the United Nations Coalition, and severe suffering inflicted in barbarous conditions of captivity.
The POW Plaintiffs’ claims for money damages against Defendants for personal injury caused by torture and the provision of material support or resources for such acts of torture, including claims for economic damages, solatium, and pain and suffering fall squarely within 28 U.S.C. § 1605(a)(7), as amended.
The Plaintiffs who are close family members of the POW Plaintiffs have suffered prolonged mental anguish and harm as a result of Iraq’s brutal torture of their loved ones and, in the case of many family members, direct injury in the United States as a result of elements in that torture. Their anguish resulted from the Government of Iraq’s lack of notification as required by international law that their spouse or loved one had been taken prisoner by Iraq and was still alive, their knowledge of Defendants’ general disregard of humanitarian standards (including particularly their knowledge of Iraq’s past record of brutal torture of POWs), Defendants’ placing of certain injured POWs on public display, Defendants’ publicly announced policy of placing American POWs as hostages at strategic military targets, Defendants’ refusal to let the International Committee of the Red Cross (the "ICRC") check the prisoners’ conditions, and Defendants’ chilling public taunts and threats to coalition forces, such as "we will drink your blood!," "show no mercy toward them," and "we will send you back to your kinfolk as lifeless corpses." The tortious mistreatment of POW loved ones by Defendants, both when originally suspected and when it became fully known to close family members, caused further prolonged mental anguish about the well-being of their loved ones. The omission by the Government of Iraq of its internationally accepted obligations to comply with provisions of the Geneva Convention Relative to the Treatment of Prisoners of War designed for the prompt notification of family members that a loved one has been taken prisoner and is not simply missing in action, was part of the Republic of Iraq’s intentional effort at physical and mental torture of American POWs. It produced not only personal injury to the POWs as part of their torture, but also personal injury to their close family members in the United States and elsewhere. Indeed, the spouses of POW Plaintiffs who did not know the fate of their loved ones quite literally did not know whether they were wives or widows. Iraq’s January 21, 1991 announcement through Baghdad Radio that allied POWs would be placed in strategic sites was not only an announced violation of the POW Convention but it further added to the concern for the POWs’ safety. Every day brought more anguish and disappointment for family members as they waited for the ICRC to be allowed access and to hear the fate of their loved ones. Subsequently, the residual effects of Iraq’s torture of their loved ones, and their own mental anguish resulting from Iraq’s mistreatment, have had lasting effects on family relations. This has, in some cases, included effects on the marriages and parent/children relations of tortured POWs. Similarly, for some family members, Defendants’ brutal torture of the POWs has had harmful effects on health and well-being, has impacted their professional choices, and has even created a continuing condition of fear, particularly with respect to terrorism, foreign travel and personal safety.
Plaintiff family members’ claims for money damages against Defendants are not only covered as solatium under 28 U.S.C. § 1605(a)(7), as amended, but they also fall squarely within the personal injury contemplated by 28 U.S.C. § 1605(a)(7). Their personal injuries were caused by acts of torture to their loved ones, and they are American national claimants within the meaning of 28 U.S.C. § 1605(a)(7).
PLAINTIFFS FURTHER RESPECTFULLY REQUEST the following additional relief to be entered against Defendants, the Iraqi Intelligence Service and President Saddam Hussein in his official capacity as President of the Republic of Iraq, jointly and severally:
Punitive damages in excess of Three Hundred Million Dollars ($300,000,000.00), to be shared equally between all POW Plaintiffs. Plaintiffs have expressed an intention that, if feasible, a substantial amount of any such punitive damages should go to a Foundation for the general assistance of American and allied POW/MIAs and their families; and
Such further relief as the Court may deem just and proper.
Respectfully submitted,