European Court docket Backs Germany in Case Over 2009 Killings of Afghan Civilians

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BERLIN — The European Court docket of Human Rights dominated Tuesday in favor of Germany in a dispute with Afghan civilians who challenged the nation’s investigation right into a 2009 assault on oil tankers in Afghanistan that killed greater than 90 civilians.

In its ruling, the courtroom, primarily based in Strasbourg, France, discovered that the German investigation into the bombing didn’t violate the European human rights conference.

The evening of the assault, Taliban fighters had hijacked two tankers carrying NATO gasoline, however they acquired caught on a sandbank within the Kunduz River, about 4 miles from the NATO base in Kunduz, Afghanistan.

Col. Georg Klein, who on the time served as commander of the NATO base in Kunduz, referred to as in U.S. army planes to bomb the tankers, saying he believed that solely insurgents had been within the space and feared the Taliban may use them to hold out assaults. However dozens of native Afghans had swarmed the tanks, after the Taliban had invited them to siphon off gasoline. A German military investigation later decided that as many as 90 civilians had been killed.

Abdul Hanan, who misplaced his sons, Abdul Bayan, 12, and Nesarullah, 8, within the Sept. 3, 2009 NATO airstrike ordered by Colonel Klein introduced the case earlier than the European courtroom after a number of lawsuits within the German judicial system.

The courtroom discovered that the choice by German Federal Prosecutor to drop an investigation into the commanding common was justified “as a result of he had been satisfied, on the time of ordering the airstrike, that no civilians had been current” on the web site of the assault.

The German Parliament held a public investigation into the bombing, which has additionally been challenged in a number of German courts. Mr. Hanan had argued that Germany had protected Colonel Klein and others he claimed had been accountable for protecting up the airstrike.

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