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  ICA Forum  Contractor Loun...  Contractor Loun...   SA man's jail term increased in Afghanistan. Double Standards?
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New Post 6/18/2010 11:11 AM
User is offline Jaco S. Botes
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SA man's jail term increased in Afghanistan. Double Standards? 

A while back there were heated discussions about Contractors falling under local laws in the country in which they operate.

It boiled down to two arguments, and on closer inspection, it clearly showed that guys who were in support of this were people that would not be affected by such a law. They were either contractors who worked there and were now sitting plush back home, or guys who never really exposed to the reality of running the road everyday.

This is a perfect example of WHY of I am an ardent opponent to contractors falling under local law, and the obvious diffirence in interpretation of law by Afghanistan and US courts.

The US Contractor Case:

Don Ayala of New Orleans pleaded guilty to manslaughter charges that normally would carry up to eight years in prison. But U.S. District Senior Judge Claude Hilton decided probation was warranted under the circumstances. The man whom Ayala shot had set fire to one of Ayala’s colleagues minutes before the shooting.

Don Ayala was given probation in a US court.

Read this article HERE.

The SA Contractor Case:

A South African man, who was initially sentenced for five years in an Afghanistan prison, has had his sentence increased on appeal to 16 years, Beeld reported today.

The security specialist, Pat Young, of Johannesburg, was arrested last year after shooting dead a security guard, in an act he said was self defence.

The guard had fired a shot at him and threatened to shoot Young and his colleagues with an AK47, said Young’s brother, Phil Young.
 
Read the full article HERE
 
The Bottom Line:
 
Both contractors worked for in support of US Government Contracts and both were paid by the same paymaster: The US Government.
Am I the only one to see the diffirence in how the two contractors were treated and charged?
The South African did not work for some outfit that had no business being there. They were on a ligitimate US Contract.
 
Why was he handed over to the Afghanistan Government, seeing that he was on duty, on base, and according to the SOFA Agreement, should have been held by the US Forces and handed over to the US Embassy.
Was this simply a case of bad middle management, or was Pat Young a "token" price to be paid to smooth US/Aghanistan relations?
Someone, somewhere decided that Pat Young will not be afforded the same protection and support that Don Ayala received.
 
To some this may seem a moot argument, but think for one second of Pat Young and his family. This is so wrong, and yet mainstream media has not printed one word of this.
I had a couple of interviews with Steve Fainaru from the Washington Post in 2007, and I contacted him regarding the lack of media coverage for this. I have yet to receive a reply.
 
Seems that contractors are only news if the media can blare out how bad they are, and maybe if it can help sell a book or two. Never let the truth stand in the way of a good story, right?
 
If enough voices are heard and enough people speak out, just maybe, somewhere, someone with real brass ones will have the courage and conviction to stand up and say something. Failing that, Pat Young will rot in an Afghan jail, and some beurocrat somewhere in Afghanistan will feel good simply because of his ignorance is total bliss.
 
Contractors are not pawns to be traded for political favors. They are people supporting a massive US led effort to bring peace and stability, not only to Afghanistan, but to the people back in the US.
 
Please use your voice. Who knows, the next trade-off could have your name on it.
 
Stay safe out there.
 
 
 
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