Devildogg4ever
09-16-03, 03:50 AM
Ex-Kuwait worker says he was tortured, but Justice officials want case dismissed.
By Fred Kelly
fred.kelly@indystar.com
September 16, 2003
An Indiana man who was held hostage and tortured by Iraqi soldiers is suing his captors for damages.
The U.S. government is trying to stop him.
The case has raised questions about whether American victims of terrorism sponsored by the former Iraqi regime should receive compensation.
Richard Clay, 61, Bloomington, is among 220 people who filed a class-action lawsuit last year in federal court in Washington, D.C., claiming they were held hostage, beaten or interrogated by Iraqi soldiers in the 1990s.
The suit was filed under the Foreign Sovereign Immunities Act, which allows lawsuits against nations deemed "terrorist states."
In April, President Bush signed an order dropping Iraq from the list. The U.S. Department of Justice has since filed a motion to toss out the class-action suit.
"These people have been egregiously wronged," said Daniel Wolf, an attorney representing Clay and the others. "Their own government has let them down.
"They shouldn't be able to change the rules in the middle of the game."
In August 1990, Clay was working for M.W. Kellogg, a U.S. contractor that maintained two Kuwaiti oil refineries, when the country was invaded by Iraq.
He said soldiers held him hostage, took him to Iraq, interrogated him and beat him on the head and knees with wooden sticks and a pistol.
Clay escaped to Jordan a month later by using forged documents and posing as a doctor.
He later helped 36 others escape by taking them from a refugee camp in a rented bus he covered in banners to make it appear as if it belonged to a relief organization.
Clay was one of several who filed lawsuits.
The controversy over the lawsuits against Iraq started earlier this year when U.S. troops invaded the country and forced Saddam Hussein from power.
About $100 million was seized from the former dictator and made available for compensation in lawsuits against Iraq.
However, Bush has frozen millions of dollars more, which will go to help rebuild the country.
That has left nothing for Clay and other terrorism victims.
Settling lawsuit judgments likely would bankrupt the new Iraqi government and slow U.S. efforts to rebuild the country, said Sen. Richard Lugar, R-Ind.
Lugar heads the Senate Foreign Relations Committee, which is considering a bill that would give a uniform $262,000 in compensation to each victim of terrorists.
The Bush administration supports the proposal, saying it is a workable solution given that terrorist finances are difficult to assess. Lugar has not taken a position on the bill.
Critics contend the uniform compensation is not nearly enough money for victims.
They also note that American taxpayers would foot the bill for the actions of terrorists.
"There needs to be a provision in any legislation that puts the burden ultimately on Iraq," said Wolf, the attorney representing Clay and others. "They have to take responsibility."
Meanwhile, Clay said his ordeal in Iraq has dramatically changed his life.
He said he has trouble walking and takes pills to stop debilitating pain. Clay has been through physical therapy and surgery to stop severe nosebleeds.
Clay said medical problems caused him to miss 18 months of work as an electrical engineer. He's now in Egypt on a work assignment.
His wife of 39 years, Claudia Clay, said he rarely talks about the experience.
"He didn't say anything for a long time," she said. "I don't push him for information because of the trauma."
http://www.indystar.com/print/articles/8/074744-6788-009.html
By Fred Kelly
fred.kelly@indystar.com
September 16, 2003
An Indiana man who was held hostage and tortured by Iraqi soldiers is suing his captors for damages.
The U.S. government is trying to stop him.
The case has raised questions about whether American victims of terrorism sponsored by the former Iraqi regime should receive compensation.
Richard Clay, 61, Bloomington, is among 220 people who filed a class-action lawsuit last year in federal court in Washington, D.C., claiming they were held hostage, beaten or interrogated by Iraqi soldiers in the 1990s.
The suit was filed under the Foreign Sovereign Immunities Act, which allows lawsuits against nations deemed "terrorist states."
In April, President Bush signed an order dropping Iraq from the list. The U.S. Department of Justice has since filed a motion to toss out the class-action suit.
"These people have been egregiously wronged," said Daniel Wolf, an attorney representing Clay and the others. "Their own government has let them down.
"They shouldn't be able to change the rules in the middle of the game."
In August 1990, Clay was working for M.W. Kellogg, a U.S. contractor that maintained two Kuwaiti oil refineries, when the country was invaded by Iraq.
He said soldiers held him hostage, took him to Iraq, interrogated him and beat him on the head and knees with wooden sticks and a pistol.
Clay escaped to Jordan a month later by using forged documents and posing as a doctor.
He later helped 36 others escape by taking them from a refugee camp in a rented bus he covered in banners to make it appear as if it belonged to a relief organization.
Clay was one of several who filed lawsuits.
The controversy over the lawsuits against Iraq started earlier this year when U.S. troops invaded the country and forced Saddam Hussein from power.
About $100 million was seized from the former dictator and made available for compensation in lawsuits against Iraq.
However, Bush has frozen millions of dollars more, which will go to help rebuild the country.
That has left nothing for Clay and other terrorism victims.
Settling lawsuit judgments likely would bankrupt the new Iraqi government and slow U.S. efforts to rebuild the country, said Sen. Richard Lugar, R-Ind.
Lugar heads the Senate Foreign Relations Committee, which is considering a bill that would give a uniform $262,000 in compensation to each victim of terrorists.
The Bush administration supports the proposal, saying it is a workable solution given that terrorist finances are difficult to assess. Lugar has not taken a position on the bill.
Critics contend the uniform compensation is not nearly enough money for victims.
They also note that American taxpayers would foot the bill for the actions of terrorists.
"There needs to be a provision in any legislation that puts the burden ultimately on Iraq," said Wolf, the attorney representing Clay and others. "They have to take responsibility."
Meanwhile, Clay said his ordeal in Iraq has dramatically changed his life.
He said he has trouble walking and takes pills to stop debilitating pain. Clay has been through physical therapy and surgery to stop severe nosebleeds.
Clay said medical problems caused him to miss 18 months of work as an electrical engineer. He's now in Egypt on a work assignment.
His wife of 39 years, Claudia Clay, said he rarely talks about the experience.
"He didn't say anything for a long time," she said. "I don't push him for information because of the trauma."
http://www.indystar.com/print/articles/8/074744-6788-009.html