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.
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.
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.
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.
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.
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?
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.
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)
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, 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)
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.
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.
[it was the] morning of August 19th, . 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.
[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.
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.
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.
[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
Sixteen years ago today, the near simultaneous vehicular bombings of the US Embassies in Nairobi, Kenya, and Dar Es Salaam, Tanzania, on August 7, 1998, 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. The current U.S. Ambassador to Kenya, Robert F. Godec, Jr. was the Econ Counselor at Embassy Nairobi in 1998.
Below is an excerpt from Ambassador Prudence Bushnell’s oral history interview in 2005, recalling that day (via ADST Foreign Affairs Oral History Project, July 21, 2005 (full interview-pdf):
“The worst three days of the crisis were the first three: Friday, when we were blown up; Saturday when the rescuers finally arrived to create even more chaos; and then Sunday when we held a memorial service for the Americans and dealt with the international news media. Of course they wanted a press conference. I did not want any photographs taken, because I looked pretty banged up but was persuaded otherwise. I smile, because about a week later my OMS came up to me and said, “You know Pru, I really shouldn’t be saying this, but I’ve been seeing pictures of you on television and in the newspaper and I have to say it’s good that you got your hair done a few days before we were bombed. As bad as you looked, your hair was okay.”…
When Secretary Albright did come I had two conditions: that we not have to prepare briefing papers, because we had lost all of our computers, and we had nothing, nothing. And the other, that she not spend the night, because the security involved in that would have been so astronomical. As it turned out, the plane had problems in Dar, where she had first stopped, and she had to cut her trip short. […] Once the Secretary and her entourage came and left, we received what I began to call the disaster tourists. Well meaning people from various parts of Washington who couldn’t do a thing to help us. In November I sent a cable to Washington requesting by name the people we wanted to visit. The response was “Now wait a minute, you’re complaining about the visitors who are coming and now you want others. You’re sending very mixed messages here.” They didn’t seem to understand the difference between those VIPs who could be part of the solution and those having their photographs taken in the remains of the embassy.
Former U.S. Secretary of State Madeleine K. Albright makes private visit to the U.S. Mission in Dar es Salaam on November 29, 2006. She laid a wreath at a memorial honoring the 11 lives lost on August 7, 1998, when the Chancery building was bombed. U.S. Ambassador Michael L. Retzer joined Secretary Albright at the wreath laying ceremony. Photo via US Embassy Tanzania
Also below are docs extracted from the State Department’s Albright Archive on the announcements, public notices, briefings and reports following the twin East Africa bombings.
January 1999: Report of the Accountability Review Boards on the Embassy Bombings in Nairobi and Dar es Salaam on August 7, 1998
01/08/99: Statement by Secretary Albright on the Accountability Review Boards Report
01/08/99: Special Briefing by the Chairman on the Report
Admiral William Crowe Sworn in as Chairman of Accountability Review Boards for Embassy Bombings in Nairobi and Dar es Salaam.
Worldwide Caution in light of the recent U.S. military strikes against terrorist targets in Afghanistan and Sudan, and possible threats to Americans and American interests overseas.
$2 Million Reward: Persons wishing to report information about these bombings, or any other terrorist attack, should contact the authorities or the nearest U.S. embassy or consulate. In the U.S., contact the Federal Bureau of Investigation or call the U.S. Department of State Diplomatic Security Service at 1-800-HEROES-1 (within U.S. only). Information may also be provided by writing: HEROES, P.O. Box 96781, Washington, D.C. 20090-6781, USA
Updates . . .
The Secretary of State: 08/27/98: Remarks on apprehension of suspects in bombings of U.S. embassies, FBI Headquarters, Washington, D.C. 08/18/98: Remarks to U.S. Embassy staff and family members, Dar es Salaam, Tanzania 08/18/98: Joint press availability following meeting with Tanzanian Foreign Minister Jakaya Kikwete, Dar es Salaam 08/18/98: Remarks at the Site of the Bombing at U.S. Embassy Nairobi, Kenya 08/17/98: Remarks Before Departure to Kenya and Tanzania, Andrews Air Force Base, Maryland 08/14/98: Remarks with Colonel Rick Erdman after visit with East African Bombing Victims and Families, Walter Reed Hospital 08/13/98: Remarks with President Clinton and Defense Secretary Cohen at ceremony honoring those who lost their lives in Kenya and Tanzania, Andrews Air Force Base 08/12/98: Remarks at Ramstein Air Force Base, Ramstein, Germany 08/12/98: Remarks prior to departure for Ramstein Air Force Base, Germany 08/11/98: Response to Statement by the African Ambassadors to the U.S. 08/12/98: Secretary Albright travels to Ramstein, Germany 08/10/98: Interview on CBS Evening News, Washington, D.C. 08/10/98: Remarks with Director General Gnehm to State Department Employees
— $2 Million Reward 08/09/98: Interview on NBC-TV’s “Meet The Press” With Tim Russert, Washington, D.C. 08/08/98: Statement on the deaths in Nairobi, Kenya 08/07/98: Statement on bombings in Nairobi and Tanzania
On September 17, 2008, the U.S. Embassy in Sana’a, Yemen was attacked by armed militants. The armed attack which includes car and suicide bombings resulted in the death of seven militants and 12 security personnel and civilians. Greg D. Johnsen in telling the story of that day, writes that things would have been unimaginably worse if not for an unlikely hero. This also shows how much our diplomatic posts are at the mercy of their host countries’ security support. If the host country’s security personnel runs away or refuses to fight, our people overseas are on their own.
Gregory D. Johnsen — follow him @gregorydjohnsen — is the Michael Hastings National Security Fellow and author of The Last Refuge: Yemen, al-Qaeda and America’s War in Arabia. Excerpt below:
The men knew their early Islamic history, and had picked their target accordingly. For them, Sept. 17 was a holy date. On the Islamic calendar, which held to the lunar cycle, the date was Ramadan 17, 1429. Centuries earlier, at the very beginning of Islam — 624 A.D., or the second year on the Muslim calendar — the Prophet Muhammad led a small band of believers into battle against a much larger pagan force. That morning on the plains south of Medina, the ragtag Muslim army stunned the pagans, a victory Muhammad and the Qur’an attributed to divine intervention. […]
The plan was simple: The first vehicle would crash into the main gate, exploding a hole in the embassy’s perimeter and allowing the second jeep and the rest of the men to flood into the main compound and kill as many Americans as they could before they were gunned down. But to do that they had to pass through the concentric circles of security undetected.
At the first checkpoint, the one manned by the Central Security Force, soldiers glanced at the military license plates on the jeeps and waved them through.
The two jeeps pulled ahead to the next checkpoint and stopped. “We have a general here to see the ambassador,” one of the men shouted at Mukhtar and Shumayla.
Neither of them knew anything about a meeting. This wasn’t protocol. Seche hardly ever met people at the embassy; he usually went out. Still, the ambassador didn’t consult with them on his decisions.
Shumayla moved first, walking toward the jeeps to check IDs. About halfway there he paused. The windows in the jeeps were so darkly tinted that he couldn’t see inside. That wasn’t right. Mukhtar was already pulling on the rope to raise the drop bar when Shumayla saw it: a man in the lead jeep popping through a hole in the roof and clutching a Kalashnikov.
“Ya, Mukhtar,” Shumayla shouted. “Run.”
And then the shooting started. Three men jumped out of the trailing jeep, firing as they ran. Shumayla was gone, fleeing for the protection of several concrete barriers. But Mukhtar waited. He had to get the bar down. Letting the rope slide back down through his hands, he hit the duck-and-cover alarm — the embassy’s early warning system — as the bar crashed back down. It all lasted only a few seconds, but that was all it took. One bullet hit him below the left the shoulder; another took him in the stomach. He managed to turn and run about 10 yards toward some rocks before a third bullet hit him in the back and exploded out his chest.
According to Greg Johnsen’s report, Mukhtar al-Faqih was posthumously awarded the Department of State’s Thomas Jefferson Star for Foreign Service for sacrificing his life and giving “the last full measure of devotion to his colleagues and friends.” The U.S. Embassy reportedly hired his younger brother Muhammad to replace him as a security guard but has denied the fourth and youngest brother, Walid, a visa to travel to the U.S.
On May 16, the AP, citing a letter sent to embassy employees that day, reportedthat the U.S. ambassador in Kenya Robert Godec has requested additional Kenyan and American security personnel and is reducing the size of the embassy staff due to increased terrorist threats in Kenya.
We don’t know when the actual request was made but the May 15 Travel Warning did not include the information on additional security personnel or the reduction of staff.
On Saturday, May 17, Ambassador Godec released the following statement:
[T]he U.S. government continues to receive information about potential terrorist threats aimed at both Kenyans and the international community. The most important responsibility of every U.S. Ambassador and Embassy is to protect American citizens and to keep them informed. The United States greatly appreciates the Kenyan government’s rapid response to requests for additional security at diplomatic facilities while it also increases security at public and other critical venues.
The Embassy is continuously reviewing and updating its security measures, and expects to take additional steps in coming days, to include on U.S. staffing. We remain open for normal operations and have no plan to close the Embassy.
We could not remember a post in recent memory that announced a reduction in staffing before it actually happens. But the reduction in staffing was already widely reported in the media. As well as the request for additional security personnel for post.
We imagined that the Consular folks were up in arms with the “No Double Standard” Policy, which requires that important security threat information if shared with the official U.S. community (generally defined as Americans working for the U.S. government abroad), must be made available to the wider American community if the threat applies to both official and non-official Americans.
On May 17, the two-day old Travel Warning was replaced with an updated one noting that, “Based on the security situation, the Embassy is reviewing its staffing with an eye toward reduction in staff in the near future. The Embassy will remain open for normal operations.”
Meanwhile, according to AFP, Kenya’s foreign ministry had accused several foreign nations of “unfriendly acts” and “noted with disappointment” the warnings by Australia, Britain, France and the United States, after they issued travel warnings for coastal regions following a wave of attacks and unrest linked to Islamist extremists.
We should note that US Embassy Nairobi is the largest U.S. embassy in Africa with a staff of more than 1,300 among 19 federal agency offices, including more than 400 U.S. direct hires and over 800 local employees. As of this writing, the embassy has not been declared on authorized departure, the first phase in a staffing reduction.
Ambassador Godec was assigned as the Chargé d’Affaires at the U.S. Embassy Nairobi, Kenya in August 2012 following the departure of Ambassador Gration. He was nominated by President Obama on September 19, 2012 to be the next U.S. Ambassador to Kenya and sworn in by Secretary of State Clinton on January 16, 2013. Prior to his assignment in Nairobi, Ambassador Godec was the Principal Deputy Assistant Secretary for the Bureau of Counterterrorism (CT) in the Department of State.
Since Nairobi is the site of one of our most catastrophic embassy attacks, we will add the following detail from the Nairobi ARB report in 1999 in the aftermath of the twin East Africa bombings in Kenya and Tanzania:
Ambassador Bushnell, in letters to the Secretary in April 1998, and to Under Secretary Cohen a month later, restated her concern regarding the vulnerability of the embassy, repeating the need to have a new chancery that would meet Inman standards. Ms. Cohen responded in June stating that, because of Nairobi’s designation as a medium security threat post for political violence and terrorism and the general soundness of the building, its replacement ranked relatively low among the chancery replacement priorities. She drew attention to FBO’s plan to extend the chancery’s useful life and improve its security to include $4.1 million for the replacement of the windows.
In early May, Diplomatic Security released its annual Year in Review publication detailing attacks on diplomatic personnel/facilities for the past year. In 2013, attacks against American posts and staff occurred in the Philippines, Turkey, Afghanistan, Iraq, Kosovo, Pakistan, Brazil, Ethiopia, and the Congo. While majority of the attacks were against USG properties, there were casualties, killed and/or wounded in Ankara, Zabul, Kabul, Herat and Taji. It is important to note that those killed or wounded in these attacks include not only American personnel/contractors but also local employees, local contract guards, local policemen, and civilians.
January 25 – Manila, Philippines: Some 15 to 20 protesters gathered across the street from the main gate of the U.S. Embassy to rally against the Visiting Forces Agreement. Police prevented them from approaching any closer, but they managed to throw red paint on the U.S. seal, journalists, and police officers.
January 28 – Manila, Philippines: Approximately 50 protesters gathered across from the consular section of the U.S. Embassy. They were carrying placards that read, “Stop U.S. Intervention” and “U.S.-Aquino Regime Terrorists.” The group departed after throwing plastic bags filled with paint, which struck and defaced the Embassy seal at the Consulate entrance.
February 1 – Ankara, Turkey:At 1:14 p.m., an individual entered the U.S. Embassy access pavilion. When questioned by a member of the Embassy’s Local Guard Force, he detonated a bomb concealed in his clothing. The explosion killed the bomber and the guard, a 22-year veteran of the Embassy’s Local Guard Force.
(See our blog posts on Mustafa Akarsu here.)
March 11 – Kabul, Afghanistan:Two Embassy helicopters received small-arms fire. Both aircraft returned safely to their airbases with no one injured and minimal damage.
March 21 – Baghdad, Iraq:Three rockets were fired at the Baghdad Diplomatic Support Center, producing no injuries and minimal property damage. The alarm systems activated, warning personnel of the attack and allowing them to take cover.
April 6 – Qalat City, Zabul Province, Afghanistan: Two bombs exploded near a Provincial Reconstruction Team delivering children’s books to a school. A U.S. Embassy officer, a U.S.-contracted interpreter, and three U.S. military personnel were killed. Four State Department personnel, eight members of the U.S. military, and four Afghan civilians were wounded.
(See our blog posts on the Qalat, Zabul attack here).
April 10 – Baghdad, Iraq: Five rockets impacted outside the Baghdad Diplomatic Support Center. Damage was minimal and an American worker was slightly injured while attempting to seek cover. The alarm systems activated, warning personnel of the attack and allowing them to take cover.
June 10 – Kabul, Afghanistan: At 4:45 a.m., Taliban insurgents equipped with small arms and rocket-propelled grenades attacked the Coalition Forces compound located at Kabul Airport. Multiple rocket-propelled grenades impacted on Camp Alvarado, a U.S. Embassy facility.
June 25 – Kabul, Afghanistan:At 6:35 a.m., eight insurgents launched an attack on the U.S. Embassy Annex. Afghan security forces and Local Guard Force personnel engaged the militants in a firefight. All eight insurgents were killed along with seven members of the Afghan security forces. Seven other Afghan security personnel were injured.
June 27 – Pristina, Kosovo: The U.S. Ambassador, an Embassy political officer and the DS Regional Security Officer went to the Kosovo Assembly to observe ratification of the April 19 Dialogue agreement to normalize relations between Kosovo and Serbia. As they proceeded to the building, protesters pushed the Ambassador into a wall and struck the Regional Security Officer.
July 3 – Basrah, Iraq: Two bombs detonated at the Mnawi Hotel, causing extensive damage to a USAID office located in the building.
July 14 – Istanbul, Turkey: At approximately 7:15 p.m., while driving to an official event, the motorcade of the U.S. Consul General encountered a crowd of 30 people wearing masks and armed with sticks and heavy paving stones. While escaping, the vehicle sustained damage from several rock-throwing protesters.
July 21 – Lahore, Pakistan: At 3:05 p.m., 400 individuals claiming to be members from Imamia Students Organization and Majlis Wahdat-ul-Muslimeen marched to the entrance of the U.S. Consulate General’s primary access road. A number of individuals used spray paint to write anti-American slogans on the Consulate’s wall.
September 6 – Rio de Janeiro, Brazil: Approximately 15 to 20 protesters chanted anti-American rhetoric in front of the U.S. Consulate. At the end of the protest, they threw red paint on the street and bollards of the Consulate.
September 13 – Herat, Afghanistan: The September 13, 2013, attack began when a truck driver eased up to a barrier at the Consulate’s primary vehicle entry point and without warning, detonated a massive improvised explosive charge. It was 5:32 a.m. and not quite sunrise at the U.S. Consulate in Herat when a terrorist murder squad appeared suddenly and attempted to blast and shoot its way inside. All but one would die within the next 30 minutes, and the fight would mark the first time in memory that DS defeated a complex assault without help from the host country or other forces. [E]ight contracted guards who were standing regular duty outside the U.S. Consulate were killed. They were: Jawid Sarwary, Mohammad Ramin Rastin, Ahmad Firooz Azizy, Ghazy Zade Mohammed Zaman, Sayed Sadt, Mohammad Ali Askari, Aref Mohammad Sadiqi, and Ezmari Haidary. The attack also injured four other guards and several Afghan police officers who were on duty outside the Consulate.
October 1 – Rio de Janeiro, Brazil: At approximately 7:40 p.m., members of the Black Bloc anarchist group infiltrated a teachers’ demonstration in the downtown area of Rio de Janeiro, one block from the U.S. Consulate General. Vandals lit a fire near the Consulate waiting area and threw cobblestones at Consulate windows.
October 7 – Rio de Janeiro, Brazil: Protests ended in vandalism after members of the Black Bloc anarchist group again infiltrated a demonstration organized by striking Rio teachers. When the striking teachers dispersed, some 400 masked anarchists confronted the police and then threw rocks and Molotov cocktails at the U.S. Consulate General.
October 13 – Addis Ababa, Ethiopia: At approximately 3:30 p.m., two explosions killed two individuals at a residential compound adjacent to the residence of a U.S. Embassy employee. The blast destroyed windows and some of the perimeter wall, but no Americans were injured. The deceased are believed to have been planning attacks against Western targets in Addis Ababa.
October 15 – Rio de Janeiro, Brazil: The teachers’ protests saw anarchist groups again engage in widespread vandalism in the city center. Vandals damaged banks and businesses. The exterior of the U.S. Consulate General building was damaged, including broken windows, when passing protesters threw rocks and coconuts at the building.
October 18 – Porto Alegre, Brazil:At approximately 12:30 p.m., a group of university students calling themselves “Marighella” vandalized the U.S. Consular Agency. The vandals/protesters said they wanted the U.S. out of the country and claimed the U.S. President was a “spy” who wanted Brazil’s oil. They also said they were there to “take over.”
December 16 – Brazzaville, Congo: Heavy gunfire rocked the capital as government forces tried to arrest an official at his residence located within one mile of the U.S. Embassy, but his bodyguards resisted. During the firefight a stray bullet shattered a second-floor window of the U.S. Embassy.
December 25 – Kabul, Afghanistan: At 6:42 a.m., unidentified insurgents fired one 107-mm rocket at the U.S. Embassy. The rocket landed on the east side of the Embassy compound, but failed to detonate. An additional rocket was later found at the launch site. The Taliban claimed responsibility for the attack.
December 27 – Taji, Iraq:At approximately 9:20 a.m., a U.S. motorcade en route from Balad to Baghdad came under small-arms fire while stopped at a checkpoint on Highway One. The security team leader — a U.S. citizen — was slightly wounded.