European court rejects case vs Germany over Afghan airstrike

European court rejects case vs Germany over Afghan airstrike

February 16, 2021 0 By boss

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The European Court of Human Rights has rejected a complaint against German authorities’ refusal to prosecute an officer who ordered the deadly bombing in 2009 of two fuel tankers in northern Afghanistan

BERLIN — The European Court of Human Rights has rejected a complaint against German authorities’ refusal to prosecute an officer who ordered the deadly bombing in 2009 of two fuel tankers in northern Afghanistan.

Contrary to the intelligence Klein based his decision on, most of those swarming the trucks were local civilians invited by the Taliban to siphon fuel from the vehicles after they had become stuck in a riverbed.

An Afghan man who lost two sons in the airstrike, Abdul Hanan, took the case to the European Court of Human Rights after German authorities declined to prosecute Klein. He alleged that Germany failed to conduct an effective investigation and that no “effective domestic remedy” to that had been available in Germany.

The Strasbourg, France-based court rejected the complaints. It found that German federal prosecutors were “able to rely on a considerable amount of material concerning the circumstances and the impact of the airstrike.”

It also noted that courts including Germany’s highest, the Federal Constitutional Court, rejected cases by Hanan. And it added that a parliamentary commission of inquiry “had ensured a high level of public scrutiny of the case.”

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