A/HRC/7/7 page 18 45. In Iraq, by Order 17 issued by the Administrator of the Coalition Provisional Authority on 27 June 2004, contractors are immune from prosecution.58 Something similar occurs in Colombia where any of the abuses which may be committed by United States military personnel and private contractors working under Plan Colombia can neither be investigated nor judged.59 Furthermore, following an agreement between Colombia and the United States of America in 2003, the Government of Colombia would not be able to submit to the jurisdiction of the International Criminal Court United States armed forces personnel and private contractors working for transnational private security companies who have committed crimes against humanity.60 46. The Working Group has reported the alleged involvement in human rights abuses in the prison of Abu Ghraib in Iraq of employees of two PMSCs who have never been subject to external investigations nor legally sanctioned, despite assurances given by the Government of the United States of America.61 The Working Group also notes reports of erratic behaviour of some PMSCs employees in Iraq with mottos such as: “what happens here today, stays with us today”.62 It has also been alleged that “private security guards” would also detain Iraqis without authorization.63 According to Iraqi officials and information from the United Nations Assistance Mission in Iraq (UNAMI),64 on 16 September 2007, in al-Nusur Square in the neighbourhood of Mansour in Baghdad, security contractors protecting a United States State Department convoy, which was allegedly attacked, opened fire on civilians killing at least 11 persons, with alleged use of security company helicopters firing into the streets, resulting in civilian casualties and injuries. The security firm Blackwater claimed that its personnel came under attack by “armed enemies” and fired back in self-defence. Iraqi authorities and witnesses claim the security 58 US Congressional Research Services, supra, p. 16. 59 The aerial spraying of Glyphosate and other toxicity-enhancing adjuvents by DynCorp, to eradicate illicit coca leaves cultivation along the southern Colombian border with Ecuador would have caused a number of adverse health consequences, including genetic damage (A/HRC.4/42/Add.2, paras. 47-51). 60 J.H. Torres, supra. 61 A/61/341, paras. 69 and 71 and A/HRC/4/42, para. 35. 62 J. Scahill, supra, Steve Fainaru, “For Hired Guns”, Washington Post, 15 April 2007. 63 This is in addition to scores of gangs active in major Iraqi cities, Iraq Today, http://warnewstoday.blogspot.com/ visited on 20 August 2007. 64 Information gathered from Human Rights Office Contribution to the UNAMI SitRep: 17-23 September 2007.

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