VIDEO: U.S. Ambassador to Seoul Mark Lippert: ‘I feel incredibly lucky’

Posted: 5:37 pm PST

 

Mark Lippert, the U.S. ambassador to South Korea, joins TODAY to talk about the terrifying moment he was attacked by a man wielding a knife. He’s out of the hospital and recovering, and says he feels safe in South Korea.

 

Related posts:

US Embassy Seoul: Ambassador Mark Lippert Leaves Hospital

Posted: 1:47 am EDT

 

,

.

#

Ambassador Mark Lippert tweets, “doing well & in great spirits …”

Posted: 11:04 EST

 

 

More details from Reuters and Voice of America below:

  • Ambassador Lippert was attacked and  slashed in the face by a Korean nationalist at about 7:40 a.m. local time Thursday (2240 GMT Wednesday) at a forum hosted by the Korean Council for Reconciliation and Cooperation in Seoul.  The attack took place in a government arts centre across the street from the heavily guarded US embassy.
  • He was treated at Yonsei University’s Severance Hospital where he underwent a two and a half hour surgery that required 80 stitches.
  • A small fruit knife  was used in the attack.
  • The attack resulted on a gash on the ambassador’s face measuring 11 centimeters (4 inches) long and 3 centimeters (1 inch) deep, located from his right cheekbone to jaw on the right side of his face and a puncture wound on his left wrist, causing nerve damage that was repaired.  There was reportedly no major damage to his facial nerves or salivary glands. Reports say he will be hospitalised for three or four days.
  • The forum organizer denied that the alleged assailant was a member. “Kim was able to gain admittance by taking advantage of a bureaucratic oversight, saying he was from an old group that no longer exists but remains on the organization’s list.  He said it was an annual event and there had been no such incident like this in past, so they did not request extra police presence.” The assailant who was caught and identified also tried to attacked the Japanese ambassador to South Korea in 2010 by throwing a piece of concrete. He was reportedly given a suspended jail term for that incident.

 #

Related post:

U.S. Ambassador to South Korea Mark Lippert injured in attack by armed assailant (updated)

US Embassy Tunis September 2012 Attackers Get Prison Terms of Two to Four Years

Posted: 02:12 EST

 

On February 18, France 24 reported that Tunisia’s appeals court sentenced 20 men convicted of participating in a 2012 attack on the US embassy to prison terms after an initial ruling was deemed too lenient.

In May 2013, all 20 men were all given two-year suspended sentences for ransacking the diplomatic mission, as well as the American school, alongside hundreds of protesters enraged at an online US-made film trailer they deemed critical of Islam.

Read more:

.

 

The State Department was asked about the verdicts and here is its official response:

“The verdicts issued by the Appellate Court reflect a serious response to the September 2012 attack on U.S. Embassy Tunis. That said, we remain disappointed that justice in this case has been delayed so long and remains incomplete with several key suspects still at large. We hope that all those responsible for the attack on the U.S. Embassy and the American Cooperative School of Tunis will be brought to justice without further delay.”

* * *

Revisiting the Mustafa Akarsu Local Guard Force Support Act

– Domani Spero

 

In December last year, we urged your support for a bill in Congress intended to provide Special Immigrant Visas (SIVs) to a surviving spouse or child of an employee of the United States Government killed overseas in the line of duty (see Please Ask Congress to Support the Mustafa Akarsu Local Guard Force Support Act).

This Act may be cited as the “Mustafa Akarsu Local Guard Force Support Act”.

SEC. 2. SPECIAL IMMIGRANT STATUS FOR CERTAIN SURVIVING SPOUSES AND CHILDREN.

In General.–Section 101(a)(27) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) is amended in subparagraph (D)– (1) by inserting “(i)” before “an immigrant who is an employee”; and (2) by inserting the following: “(ii) an immigrant who is the surviving spouse or child of an employee of the United States Government abroad killed in the line of duty, provided that the employee had performed faithful service for a total of fifteen years, or more, and that the principal officer of a Foreign Service establishment (or, in the case of the American Institute of Taiwan, the Director thereof) in his discretion, recommends the granting of special immigrant status to the spouse and children and the Secretary of State approves such recommendation and find that it is in the national interest to grant such status;”. (b) Effective Date.–This Act and the amendments made by this Act shall take effect beginning on January 31, 2013, and shall have retroactive effect.

Check out this page showing support for H.R. 1781. Warning, reading the comments posted against this bill will melt your brain and make you want to throw your shoes at somebody.

A comment from a Maine voter says it all:

Some of the ignorant comments I have seen regarding this case make me ashamed. We have an obligation to the families of these guards who make the ultimate sacrifice, and a few nice words and a flag just don’t cut it. We need to do the right thing here.

So, on June 14, 2013, this bill was referred to the Subcommittee on Immigration and Border Security.  As of 12/13/2014 no related bill information has been received for H.R.1781 – the Mustafa Akarsu Local Guard Force Support Act.  The majority of the bills die in committee, and that apparently happened to this one, too.

The 114th Congress will be seated on January 3, 2015 and will run until January 3, 2017.  The GOP has taken control of both the Senate and the House. It is a worthwhile cause to urge our congressional representatives to revisit this bill again when they return in January, with great hope that it will pass this time.

We think it is important to emphasize that this bill, hopefully reintroduced in the 114th Congress, has a very narrow coverage — only for a spouse or child of a USG employee killed in the line of duty, and only if the employee has performed faithful service for at least fifteen years. It also needs the recommendation of the principal officer at post and the approval of the Secretary of State.

If Congress can allocate 50,000 permanent resident visas annually to persons from countries with low rates of immigration to the United States (see “Lottery” Diversity Visas), we can find no reason why it cannot allocate visas to the next of kin of persons who actually died while protecting United States government officials and properties.

 * * *

Contact Congress: http://www.usa.gov/Contact/US-Congress.shtml

We believe this site will also update when the 114th Congress is seated and can be used to contact congressional representatives next year: http://www.contactingthecongress.org

* * *

 

 

 

 

 

 

State Dept Spox on outages at embassies: “separate”, “unconnected”, “unrelated” — wowie zowie!

– Domani Spero

 

We’ve blogged about the outages at overseas posts yesterday (see State Department’s “Technical Difficulties” Continue Worldwide, So What About the CCD?).  On November 17, US Embassy Albania’s internet connection was down and US Embassy London could not accept credit card payments and its online forms for visa and passport inquiries were not working. US embassies in Moscow, Madrid, Manila, Beirut, Ankara, Cameroon, Oslo and Astana tweeted that they were “experiencing technical difficulties that may result in delays in visa processing.”

Unofficial sources tell us that State Department employees are now able to send email outside the Dept but still no Internet access. The Department’s mobile access site GO (go.state.gov) and Web PASS  (Web Post Administrative Software Suite Explorer) are both still offline.

What’s WebPASS?   via WebPASS Privacy Impact Assessment (2009):

WebPASS Explorer (“WebPASS”) is a suite of business applications used by overseas posts to administer a variety of internal activities. Some but not all applications under WebPASS collect and maintain personally identifiable information (PII) about post employees, their family members, and visitors. WebPASS is web-enabled and operates within the confines of OpenNet, the Department’s sensitive but unclassified (SBU) network.

The main application is Web Post Personnel (Web.PS), which is a database of the American employees (AEs), their dependents, and Locally Employed Staff (LES). Whereas the official record for an AE employee is maintained in Washington, DC, the Web.PS database supports local personnel-related tasks. Its LES-related features support personnel actions for LES staff directly hired at the post such as intake, assignments, transfers, grade increases, and terminations.

After an AE or LES staff is established in Web.PS, some of their basic identifiers (e.g., name, employee type, office) may be pulled electronically into other WebPASS applications that support separate functions such as motor pool operations, residency in government-held real property, and distribution of pharmaceutical medications.

The most sensitive unique identifier in WebPASS is the record subject’s SSN, which is stored in Web.PS.

 

Hey, if Professor Boyd, the American ambassador’s husband in Homeland had access to WebPASS, he could have saved himself some sneaking around just to discover (and tamper) with Carrie’s medication!

In any case, on November 18, the State Department spokesman Jeff Rathke was asked about the recent reported hacking and the outages at our embassies. The official word seems to be that these outages at ten posts (maybe more, but those posts have not tweeted their technical difficulties) are separate, unconnected, unrelated or [insert preferred synonym]  to the “technical difficulties” at Main State. Simply put, you folks stop racking your brains with suspicions, these outages are simply, and purely  coincidental.

Of course, coincidences happen every day, but the more I watch these official press briefings, the less I trust coincidences.

Excerpt:

QUESTION: Hacking?

MR. RATHKE: Yes, Lara, please.

QUESTION: Everybody’s favorite topic. You had talked yesterday from the podium about how the – it’s only the unclassified email systems at the State Department that was affected by this most recent data breach that prompted the suspension of – sorry, I’ve got suspended on my mind – (laughter) – but that prompted the shutdown over the weekend. But there’s been some suggestions that some of the missions and embassies and consulates have had some problems or could have some problems with processing passports or visas.

MR. RATHKE: No.

QUESTION: No? Not at all?

MR. RATHKE: No, no. These are unconnected. I mean, we have a separate system that deals with those types of consular issues – passports, visas, and so forth. Now there may be other technical issues that have arisen in one place or another. Is there a specific —

QUESTION: Yeah. Embassy Beirut, I think, had to —

MR. RATHKE: Yeah. No, that’s unrelated to the outage that we’ve had here.

QUESTION: Well, what’s going on in Embassy Beirut, then?

MR. RATHKE: Well, I don’t have the specifics, but it’s a separate issue. And I – from what I understand, they were able to continue doing their operations today, so it was not any major impediment.

I can give you an update, though, on the outage. I can report that our external email services from our main unclassified system are now operating normally, and for those who feel they are tethered to their Blackberries, they are once again, because the Blackberry service is working. So our unclassified external email traffic is now normal, so we’ve had some progress since yesterday’s discussion. So much of it is now operational. Much of our systems that had connectivity to the internet are now operational. We have a few more steps that’ll be taken soon to reach full restoration of our connectivity.

QUESTION: But just to clarify, no consular services, no client-based services —

MR. RATHKE: That’s a separate —

QUESTION: — have been affected by this outage?

MR. RATHKE: No, not to my knowledge. That’s – those are separate.

Yeah.

QUESTION: Do you have internet access from the unclassified system now?

MR. RATHKE: No, we are not – we do not have internet access at this stage. That will be restored soon, we expect. Sorry, yes?

QUESTION: Anything else major that you don’t have now?

MR. RATHKE: No. No, I think that’s mainly it. But it – this has not stopped us from doing our work, so —

QUESTION: The classified system never went down, correct?

MR. RATHKE: No, it was never affected at any point. So as mentioned yesterday, that hasn’t changed. It was not affected.

 

Congress remains more than interested:

 

And now the FBI is wading into the breaches:

* * *

U.S. Consulate Herat Officially Relocates From 5-Star Hotel to ISAF’s Camp Arena

– Domani Spero

 

In December 2009, then U.S. Ambassador to Afghanistan, Karl Eikenberry signed the lease for the 5-Star Hotel property in Herat, Afghanistan, identified as the site of the future U.S. Consulate in Herat, the post that would  cover the four provinces of western Afghanistan bordering Iran and Turkmenistan: Herat, Badghis, Ghor, and Farah.

Two and a half years after that lease signing, the U.S. Consulate in Herat officially opened. Deputy Secretary of State Bill Burns attended the opening ceremony on June 13, 2012. He made the following remarks:

And so we are here to celebrate the opening of the consulate — this remarkable refurbished facility, leased from the Municipality of Herat. This was truly a community effort – we purchased local products to use in the refurbishment, some of which you can see on display in the waiting room next door. World-class quality, Chesht-e-Sharif marble now graces some of the floors. Every week, on average, more than 70 Afghans contributed their time and skills to the consulate’s construction. One expert carpenter turned plain packing crates into beautifully carved room dividers. And artwork produced by students from Herat University is displayed on the walls of the consulate.
[…]
This consulate, built with so many Afghan hands and so much Afghan talent, is a small reminder of what the people of Herat can accomplish. And it gives us hope for the greater effort facing Afghans—which is not merely the building of a single structure, but the building of an entire nation that deserves a future better than its recent past. Let this building stand as a sign of our commitment: As you build this future, one day at a time, you can count on the steadfast support and friendship of the United States of America.

Related posts:

 

This past September, we’ve blogged about the 2014 OIG report on Mission Afghanistan noting the rebuilding of the Consulate Herat building following the September 2013 attack:

Rebuilding of the badly damaged consulate building is expected to be completed in summer 2014. Consulate employees were relocated to either ISAF’s Camp Arena or to Embassy Kabul.[snip] The embassy estimates the annual operating cost for Herat is approximately $80 million, most of which is devoted to security.

We have yet to confirm if  the rebuilding was completed this past summer (see * below).

However, on October 20, 2014, the U.S. Embassy in Kabul released a statement of its official notification to the Government of Afghanistan that it is consolidating the State Department operations in Herat at ISAF’s Camp Arena effective October 23:

On October 18, the U.S. Embassy in Kabul informed the Ministry of Foreign Affairs of the Islamic Republic of Afghanistan that the United States intends to move its diplomatic and consular presence from its current location on Qol-e-Urdu Road to Camp Arena of the International Security Assistance Force effective on October 23, 2014.  Following the September 13, 2013 attack on the U.S. Consulate building in Herat, the staff has been working from Camp Arena, and due to operational considerations, we have decided to continue to operate from Camp Arena.  The U.S. Consulate Herat staff remains committed to engaging with the Afghan people.

Camp Arena, the main Italian base near the city of Herat is home to 2,000 Italian soldiers and 400 Spanish troops (2012 numbers).

So.  That’s where we are right now. * Word on the corridors is that this $10 million refurbished/repaired/hardened building will be a returned to the municipality and will be treated as a write-off. We anticipate that Consulate Herat will be operating out of an ISAF base for the foreseeable future but we don’t know at this time how many of these bases will remain in Afghanistan when troops are reduced to 9,800 after this year and cut in half at the end of 2015.  The reduction of forces in Afghanistan only calls for “a small military presence at the U.S. Embassy” at the end of 2016.

With that in mind, the big question is — where would this plan leave the U.S. Consulate in Herat, currently located in Camp Arena and U.S. Consulate Mazar e-Sharif, currently located in Camp Marmal?

* * *

See the Blast Crater From Truck Bomb in the Sept 2013 U.S. Consulate Herat Attack

– Domani Spero

 

About a year ago, the U.S. Consulate in Herat was attacked by militants in Afghanistan (see US Consulate Herat Casualties: One Afghan Police, Eight Local Guards Killed and Suicide Bombers Target US Consulate Herat: Locals Reportedly Killed/Wounded, No American Casualties).  The U.S. Consulate in Herat was inaugurated in June 2012 by Deputy Secretary Bill Burns (see Deputy Sec’y Bill Burns Inaugurates U.S. Consulate Herat). The total casualties includes eight members of the Afghan guard force. Seven of the eight killed are listed in the KIA page of the Diplomatic Security Wiki: the five guards, Mohammed Firooz, Mohammed Aref Sediqi, Sayed Ahmed Sadat, Mohammed Ali Ascari, and Mohammed Zoman; the local guard force interpreter Raminone Rastin, and driver, Javid Sarwarri. All  were contract employees.

Diplomatic Security recently published its 2013 report on Political Violence Against Americans and includes the following:

September 13 – Herat, Afghanistan

Taliban-affiliated insurgents attacked the U.S. Consulate using vehicle-borne improvised explosive devices. Early in the morning, seven insurgents detonated a truck-borne improvised explosive device outside the Consulate’s entrance. The initial explosion was followed by a second vehicle-borne improvised explosive device minutes later. The insurgents, equipped with small-arms, rocket-propelled grenades, and suicide vests, then engaged U.S. and Afghan security personnel in a sustained firefight, lasting approximately 90 minutes. Eight Afghan guard force members were killed in the violence. Two additional third-country national guard force members were injured.

Screen Shot 2014-08-14

Photo via State Department 2013 Political Violence Against Americans (click on image to see pdf)

An August 2014 OIG inspection report of U.S. Mission Afghanistan (separate post later) says that embassy and military officials told inspectors that the consulate “provides tangible proof of the U.S. commitment to the region. Herat—Afghanistan’s third largest city—is located on key transportation routes and serves as a regional center and economic engine for the west.” Excerpt below:

Rebuilding of the badly damaged consulate building is expected to be completed in summer 2014. Consulate employees were relocated to either ISAF’s Camp Arena or to Embassy Kabul.[snip] The embassy estimates the annual operating cost for Herat is approximately $80 million, most of which is devoted to security.

Despite operational challenges, Consulate Herat is the most productive of the platforms in providing email reporting to the embassy but transmits only a few of its own finished cables. At the time of the inspection, the consulate repairs were nearing completion and the embassy was reviewing the security and life support situations prior to moving personnel back. Once the staff returns, the impediments to sending cables directly should disappear.

Consulate Herat covers the four provinces of western Afghanistan bordering Iran and Turkmenistan: Herat, Badghis, Ghor, and Farah. According to U.S. Embassy Kabul, Consulate Herat is currently headed by Consul and U.S. Senior Civilian Representative Eugene Young William Martin (formerly of USCG Karachi, thanks A!).

Below are some DOD photos in the aftermath of the September 13 attack:

A view in front of the U.S. Consulate, occupied by U.S. Soldiers with Delta Company, 1st Battalion, 5th Cavalry Regiment, 2nd Brigade Combat Team, 1st Cavalry Division, in Herat Province, Afghanistan, Sept. 14, 2013. Delta Company collaborated with other security and military forces to ensure security for the members of the U.S. Consulate after an enemy attack. (U.S. Army photo by Spc. Ryan D. Green/Released)

A view in front of the U.S. Consulate, occupied by U.S. Soldiers with Delta Company, 1st Battalion, 5th Cavalry Regiment, 2nd Brigade Combat Team, 1st Cavalry Division, in Herat Province, Afghanistan, Sept. 14, 2013. Delta Company collaborated with other security and military forces to ensure security for the members of the U.S. Consulate after an enemy attack. (U.S. Army photo by Spc. Ryan D. Green/Released)

U.S Soldiers with Delta Company, 1st Battalion, 5th Cavalry Regiment, 2nd Brigade Combat Team, 1st Cavalry Division, egress from a CH-47 Chinook in Herat province, Afghanistan, Sep. 14, 2013. Delta Company collaborates with other security and military forces to ensure security for the members of the U.S. Consulate. (U.S. Army photo by Spc. Ryan D. Green/Released)

U.S Soldiers with Delta Company, 1st Battalion, 5th Cavalry Regiment, 2nd Brigade Combat Team, 1st Cavalry Division, egress from a CH-47 Chinook in Herat province, Afghanistan, Sep. 14, 2013. Delta Company collaborates with other security and military forces to ensure security for the members of the U.S. Consulate. (U.S. Army photo by Spc. Ryan D. Green/Released)

U.S. Soldiers with Delta Company, 1st Battalion, 5th Cavalry Regiment, 2nd Brigade Combat Team, 1st Cavalry Division, carry equipment into the U.S. Consulate in Herat province, Afghanistan, Sept. 14, 2013. Delta Company collaborated with other security and military forces to ensure security for the members of the U.S. Consulate after an enemy attack. (U.S. Army photo by Spc. Ryan D. Green/Released)

U.S. Soldiers with Delta Company, 1st Battalion, 5th Cavalry Regiment, 2nd Brigade Combat Team, 1st Cavalry Division, carry equipment into the U.S. Consulate in Herat province, Afghanistan, Sept. 14, 2013. Delta Company collaborated with other security and military forces to ensure security for the members of the U.S. Consulate after an enemy attack. (U.S. Army photo by Spc. Ryan D. Green/Released)

U.S. Soldiers with Delta Company, 1st Battalion, 5th Cavalry Regiment, 2nd Brigade Combat Team, 1st Cavalry Division, unload equipment from a CH-47 Chinook helicopter at the U.S Consulate in Herat province, Afghanistan, Sept. 14, 2013. Delta Company collaborated with other security and military forces to ensure security for the members of the U.S. Consulate after an enemy attack. (U.S. Army photo by Spc. Ryan D. Green/Released)

U.S. Soldiers with Delta Company, 1st Battalion, 5th Cavalry Regiment, 2nd Brigade Combat Team, 1st Cavalry Division, unload equipment from a CH-47 Chinook helicopter at the U.S Consulate in Herat province, Afghanistan, Sept. 14, 2013. Delta Company collaborated with other security and military forces to ensure security for the members of the U.S. Consulate after an enemy attack. (U.S. Army photo by Spc. Ryan D. Green/Released)

 * * *

 

 

 

 

 

U.S. Embassy Cyprus Remembers Ambassador Rodger Davies Shot Dead 40 Years Ago Today

– Domani Spero

 

 

 

On the 40th anniversary of their deaths, the U.S. embassy residence in Nicosia is named the “Rodger Davies Residence” after Ambassador Davies who was killed on  August 19, 1974 and the embassy personnel lounge is named “Antoinette Varnava Lounge” after the local employee killed in the same attack.

Via ADST Oral History:

On August 19th, 1974, recently appointed Ambassador to Cyprus, Rodger Davies, was shot dead during a Greek Cypriot protest outside the U.S. Embassy. The demonstration brought out over 300 people who were protesting against the U.S.’s failure to prevent the Turkish invasion of the northern part of the island the week before. Davies was seeking shelter in a hallway at the embassy building in Nicosia when a sniper struck him in the chest. When Antoinette Varnava—a Maronite consular employee—rushed to his aid, she too was struck dead, with a bullet to the head.

James Alan Williams, a Political Foreign Service Officer, was at the Embassy in Nicosia as events unraveled. He served in Cyprus from 1973 to 1975 — the height of the tension between Greek and Turkish Cypriots; the coup which ousted democratically elected leader Archbishop Makarios III; and the Turkish invasions — all of which define the sociopolitical landscape of the divided island today. He was interviewed by Ray Ewing beginning in October 2003.

WILLIAMS:
[it was the] morning of August 19th, [1974]. A sunny day, cloudless skies, as it almost always is in Cyprus, and I think it was around 9:30 or 10:00, I don’t remember. [You could hear a rumble], a large number of people. I [had] only heard that once before in my life, and that was when Ann and I were in Adana, Turkey, and the consulate was stoned by a mob. I think I mentioned that in an earlier session, 1966 that was. You never forget that once you hear it. And I heard it, and everybody else heard it. We thought the demonstration had been approved by the police or whomever some ways away.

Cyprus Demonstration Riots[It was] a large crowd. It wasn’t a mob yet. I think the focus of the discussion was criticism of the Americans for what had happened to them, what had been done to them, what they had suffered. And somehow, and I don’t know how because I wasn’t there, the crowd started moving toward the embassy. At this point, I think it gained a lot of hangers-on and other elements [which] might not have been in the original demonstration at all. By the time it reached the embassy, which was in about 10 minutes, they were throwing rocks and other things at the chancery. So, we immediately had the Marines and everybody else shove the wooden shutters so the glass would be protected, close the gate, get the teargas canisters ready and prepare to stave off what we thought was going to be an unfettered demonstration, but that was about all.[…]

The Ambassador’s office was shuttered and he and his secretaries came into the central hallway. The rest of us were in the central hallway on the second floor. The FSNs were there. It was very crowded. The air conditioning held up for us, so it wasn’t too hot, but it was a little sticky. [Our] offices which had been on either side of that hallway, particularly [those which] were facing the front, were sort of exposed to the brunt of the mob’s wrath, we thought. At some point, shooting started. I remember hearing pops or whatever, but did not think anything of it because I didn’t know what it was, and I’d never heard shots fired in anger. I don’t know how many shots were fired. Several pierced the water tanks on the roof because they were leaking. Again, there was no central direction, put your hands down and put your hands behind your head and hunker down. We were milling around.
[…]
Q: Do you think the shots were fired at the patio at the top of the residence because they had seen the Marines up there doing the teargas?

WILLIAMS: It’s the same time the shots were fired at the Ambassador’s office. I think there were two shooters. There would have had to be because the ones that came in from the side [his office], were way over there, and this shot was up here. And I always thought, and my memory’s a little hazy on some of this, but the rounds that came into the office of Ambassador Davies were concentrated in the area of his office where his desk was. The rounds that came into the other side of the building where the residence was were concentrated on the patio, and I think some at the window of his bedroom. I think that’s right, though I’m not sure of it. So whether or not they fired at the patio because they saw a Marine or because they thought the ambassador was up there or because they saw me or whatever, I really don’t know. But there were a lot of bullets that came up there. I always thought it was an effort to get the Ambassador because of the way the bullets had come in. By sheer dumb luck they did get him. It was a blind bullet came in through the shutter, the glass and the partition in his office and came down into the corridor where he was standing and they shot him through the heart.

He was [in the central hall], and he was dead before he hit the ground. Another bullet came in and ripped off the top of the skull of Toni Varnava, a Maronite local in the Administration section, and she was dead instantly. A steel jacket of one of the bullets that came in landed up in the thigh of Jay Graham, the economic officer. Those were the only causalities from the rounds. One of the older locals may have had a heart attack. Everybody else was intact but scared to death.
[…]
[Varnava] had [gone to Ambassador Davies’ aid]. She had been very close to him and she saw him fall. I was not down there, but those who were say she saw him fall and bent down to catch him and as she did her head was ripped open by the bullet, so they both fell.

The windows were appropriately shuttered. So, the bullets did not have to go through significant physical barriers to get to the Americans in the central corridor. I have no way of knowing whether the shooter or shooters knew that we would be huddled in that corridor as a safe place, but the wooden shutter over the window, the single pane of glass and the partition on the door of the wall of the office were not very thick.
[…]
It was a blind shot that got the Ambassador, no question about that. Toni was an incidental casualty, God rest her soul, and Jay Graham was also unlucky with that minor wound in his thigh.[…]

[The shooters] were on the periphery of the crowd in both cases. One of them was wearing the uniform of a Greek Cypriot policeman as I recall, although the weapon he used was not in the standard arms of the Greek Cypriot police. They were in the crowd on the periphery, but not in adjacent buildings. There was some more shooting of handguns I guess. I think though, soon after the heavy stuff came in and killed the ambassador, they couldn’t know at that time they killed the Ambassador, and hit the side where Mike and I and the Marines were, soon thereafter as I recall, maybe 20 or 30 minutes, time was really very strange as experienced in that day, the crowd started to disperse. Either its anger had been spent or the Greek Cypriot police had started to come in sufficient numbers to control it. Because what the Greek Cypriot authorities had approved as a demonstration had quickly gotten way out of hand and had to be stopped. I don’t know who was calling, our phones were still intact, I don’t know who called whom. I certainly was not calling anybody because I could still barely see, Mike wasn’t.
[…]
I remember I knelt down to Rodger and I just said, “Oh, Mr. Ambassador,” and I couldn’t say anything else because he was clearly gone. I think it had gone right through his heart so there was no question about saving him.
[…]
Q: Ambassador Davies did not have any family of his own at post?

WILLIAMS: He did. Dana is the daughter and John is her younger brother, and they had briefly come to post with Rodger and Ms. T, the family cat. Rodger’s wife had died tragically after a long struggle with brain cancer just that year. And so one of the reasons he wanted to go [to] Cyprus was to get away from Washington and the intense environment he’d been working and living in there, and also get away from, I think, some of the memories of Sally and what she’d gone through in the last years of her life.

Nicosia was going to be a way for the family to replenish itself, just relax and recover a bit. And tragically it did not work out that way. So John and Dana had been in the convoy that went south to Akrotiri [British Airbase in Cyprus] in late July and were in Beirut, and had to be told what had happened to their father on August 19th.

* * *

 

 

U.S. Court Awards Damages to Victims of August 7, 1998 East Africa Embassy Bombings

– Domani Spero

 

Last week, we posted the State Department’s Albright archive of the 1998 East Africa embassy bombings.  Yes, the interesting thing about that is how 16 years later, the names, the response, the briefings and the narrative are ever so familiar.

The twin-embassy bombings cost the lives of over 220 persons and wounded more than 4,000 others. Twelve American USG employees and family members, and 32 Kenyan and 8 Tanzanian USG employees, were among those killed.

Screen Shot 2014-08-07

U.S. Embassy Nairobi employees joined Charge d’Affaires Isiah Parnell for a wreath laying ceremony to commemorate the victims of the 1998 Embassy bombing in Nairobi. August 7, 2014

In December 2011, U.S. District Judge John Bates ruled (PDF via Legal Times) that the governments of Sudan and Iran will be liable for monetary damages to victims of suicide bombings at U.S. embassies in Nairobi, Kenya and Dar es Salaam, Tanzania in 1998. According to Judge Bates’ 2011 order (PDF via Legal Times) , a special master was appointed to figure how much in damages the plaintiffs will receive.  The Court previously ruled that the foreign-national U.S.-government-employee victims have a federal cause of action, while their foreign-national family members have a cause of action under D.C. law.

On July 25, 2014, the Court entered final judgment on liability under the Foreign Sovereign Immunities Act (“FSIA”) on several related cases—brought by victims of the bombings and their families—against the Republic of Sudan, the Ministry of the Interior of the Republic of Sudan, the Islamic Republic of Iran, the Iranian Revolutionary Guards Corps, and the Iranian Ministry of Information and Security (collectively “defendants”) for their roles in supporting, funding, and otherwise carrying out the attacks. The combined cases involve over 600 plaintiffs. The awards range from $1.5 million for severe emotional injuries to $7.5 million for severe injuries and permanent impairment. The total award is reportedly $8 billion.

Judge John Bates in his ruling  (see Wamai, et al.,v. Republic of Sudan, et.al. (pdf) (Civil Action No. 08-1349 (JDB) writes that the 1998 embassy bombings shattered the lives of all plaintiffs.

[T]heir personal stories reveals that, even more than fifteen years later, they each still feel the horrific effects of that awful day. Damages awards cannot fully compensate people whose lives have been torn apart; instead, they offer only a helping hand. But that is the very least that these plaintiffs are owed. Hence, it is what this Court will facilitate.

 

 

Below are some of the embassy employees and their injuries cited in court documents:

  • Many plaintiffs suffered little physical injury—or none at all—but have claims based on severe emotional injuries because they were at the scene during the bombings or because they were involved in the extensive recovery efforts immediately thereafter. Those plaintiffs will be awarded $1.5 million. See id. Typical of this category is Edward Mwae Muthama, who was working at the offsite warehouse for the United States Embassy in Kenya when the bombings occurred. Report of Special Master John Aldock Concerning Edward Muthama [ECF No. 93] at 4. Shortly after the attack, Muthama headed to the blast site and spent days assisting with the gruesome recovery efforts; to this day he suffers from emotional distress resulting from his time administering aid to survivors and handling the dead bodies (and body parts) of his murdered colleagues. Id.
  • Other plaintiffs suffered minor injuries (such as lacerations and contusions caused by shrapnel), accompanied by severe emotional injuries. They will be awarded $2 million. Typical is Emily Minayo, who was on the first floor of the United States Embassy in Nairobi at the time of the bombing. Report of Special Master Brad Pigott Concerning Emily Minayo [ECF No. 162] at 4. She was thrown to the floor by the force of the blast, but she was lucky enough to escape with only lacerations that were later sewn up during a brief hospital stay. Id. She continues, however, to suffer from severe emotional damage resulting from her experience. Id.
  • To those who suffered more serious physical injuries, such as broken bones, head trauma, some hearing or vision impairment, or impotence, the Court will award $2.5 million. Typical is Francis Maina Ndibui, who was in the United States Embassy in Nairobi during the bombing. Report of Special Master Brad Pigott Concerning Francis Maina Ndibui [ECF No. 152] at 4. Ndibui became temporarily trapped under debris that fell from the ceiling, and he suffered minor lacerations similar to Minayo’s. Id. Also as a result of the bombing, he continues to suffer from partial vision impairment, which has persisted even through reparative surgery. Id. He also suffers from severe emotional damage resulting from his experience. Id.
  • Plaintiffs with even more serious injuries—including spinal injuries not resulting in paralysis, more serious shrapnel injuries, head trauma, or serious hearing impairment—will be awarded $3 million. Typical is Victor Mpoto, who was at the United States Embassy in Dar es Salaam on the day of the bombing. Report of Special Master Jackson Williams Concerning Victor Mpoto [ECF No. 136] at 3. The blast knocked him to the ground and covered him in debris, causing minor physical injuries. Id. Because he was only about fifteen meters away from the blast, he suffered severe hearing loss in both ears that continues to this day and for which he continues to receive treatment. Id. He also suffers from severe emotional damage resulting from his experience. Id. at 4.
  • Those who suffered from injuries similar to those plaintiffs who are generally awarded the “baseline” award of $5 million (involving some mix of serious hearing or vision impairment, many broken bones, severe shrapnel wounds or burns, lengthy hospital stays, serious spinal or head trauma, and permanent injuries) will also be awarded that baseline. See Valore, 700 F. Supp. 2d at 84. Typical is Pauline Abdallah, who was injured in the bombing of the United States Embassy in Nairobi. Report of Special Master Stephen Saltzburg Concerning Pauline Abdallah [ECF No. 117] at 3. She was knocked unconscious by the blast, and later spent about a month in the hospital. Id. She suffered severe shrapnel wounds requiring skin grafts, third-degree burns, and two of her fingers were amputated. Id. Shrapnel still erupts from her skin. Id. She also suffered severe hearing loss. Id. Like other plaintiffs who were injured in the bombing, she suffers from severe emotional damage. Id. at 3-4.
  • And for a few plaintiffs, who suffered even more grievous wounds such as lost eyes, extreme burns, severe skull fractures, brain damage, ruptured lungs, or endured months of recovery in hospitals, upward departures to $7.5 million are in order. Livingstone Busera Madahana was injured in the blast at the United States Embassy in Nairobi. Report of Special Master Kenneth Adams Concerning Livingstone Busera Madahana [ECF No. 175] at 4. Shrapnel from the blast completely destroyed his right eye and permanently damaged his left. Id. He suffered a skull fracture and spent months in a coma; his head trauma caused problems with his memory and cognition. Id. “He endured multiple surgeries, skin grafts, physical therapy, vocational rehabilitation, speech and cognitive therapy, and psychotherapy for depression.” Id.
  • Gideon Maritim was injured in the blast at the United States Embassy in Nairobi. Report of Special Master Jackson Williams Concerning Gideon Maritim [ECF No. 222] at 3. The second explosion knocked him unconscious for several hours. Id. at 4 The blast ruptured his eardrums, knocked out several teeth, and embedded metal fragments into his eyes. Id. He also suffered deep shrapnel wounds to his legs and stomach, and his lungs were ruptured. Id. His hearing is permanently impaired, as is his lung function. Id. at 5. And he suffers from chronic back and shoulder pain. Id.
  • Charles Mwaka Mulwa was injured in the blast at the United States Embassy in Nairobi. Report of Special Master Jackson Williams Concerning Charles Mwaka Mulwa [ECF No. 132] at 3. The bomb blast permanently disfigured his skull, ruptured both his eardrums, and embedded glass in his eyes. Id. He continues to suffer from nearly total hearing loss, and his eyesight is permanently diminished. Id. And he suffered from other shrapnel injuries to his head, arms, and legs. Id.
  • Tobias Oyanda Otieno was injured in the blast at the United States Embassy in Nairobi. Report of Special Master Brad Pigott Concerning Tobias Oyanda Otieno [ECF No. 181] at 4. The blast caused permanent blindness in his left eye, and substantial blindness in his right. Id. He suffered severe shrapnel injuries all over his body, including a particularly severe injury to his hand, which resulted in permanent impairment. Id. His lower back was also permanently damaged, causing continuous pain to this day. Id. He spent nearly a year recovering in hospitals. Id.
  • Moses Kinyua was injured in the blast at the United States Embassy in Nairobi. Report of Special Master Deborah Greenspan Concerning Moses Kinyua [ECF No. 202] at 4. The blast knocked him into a coma for three weeks. Id. His skull was crushed, his jaw was fractured in four places, and he lost his left eye. Id. The head trauma resulted in brain damage. Id. In addition, he suffered from a ruptured eardrum, a detached retina in his right eye, a dislocated shoulder, broken fingers, and serious shrapnel injuries. Id. He was ultimately hospitalized for over six months. Id.
  • Joash Okindo was injured in the blast at the United States Embassy in Nairobi. Report of Special Master Brad Pigott Concerning Joash Okindo [ECF No. 163] at 4. He spent about eight months in hospitals, and was in a coma for the first month because he suffered a skull fracture. Id. at 4-5. He suffered from severe shrapnel injuries to his head, back, legs, and hands, and the blast fractured bones in both of his legs. Id. at 4.
  • Each of these plaintiffs also suffered severe emotional injuries. The injuries suffered by these plaintiffs are comparable to those suffered by plaintiffs who were awarded $7–$8 million in Peterson II. See 515 F. Supp. 2d at 55-57 (e.g., Michael Toma, who suffered “various cuts from shrapnel, internal bleeding in his urinary system, a deflated left lung, and a permanently damaged right ear drum”). Hence, the Court will award each of these plaintiffs $7.5 million for pain and suffering. The Court adopts the recommendations by special masters of awards consistent with the adjusted guidelines described above, and will adjust inconsistent awards accordingly.

An attorney for hundreds of the East African victims cited the “need to have patience and determination” in collecting approximately $8 billion from Iran and Sudan, acknowledging it is unlikely that the  two governments would make voluntarily payments for the award ordered by the U.S. court. The lawyers are reportedly looking at Iranian and Sudanese assets seized in the United States or other countries as a source for the court-ordered payments.

 

Related documents ( all pdfs):

07/25/2014 Civil Action No. 2008-1380 ONSONGO et al v. REPUBLIC OF SUDAN et al
Doc No. 233 (memorandum opinion) by Judge John D. Bates

07/25/2014 Civil Action No. 2008-1361 AMDUSO et al v. REPUBLIC OF SUDAN et al
Doc No. 255 (memorandum opinion) by Judge John D. Bates

07/25/2014 Civil Action No. 2008-1349 WAMAI et al v. REPUBLIC OF SUDAN et al
Doc No. 246 (memorandum opinion) by Judge John D. Bates