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The case of Murat Kurnaz: German complicity in US war crimes
By Justus Leicht and Peter Schwarz
2 November 2006
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German authorities and agencies are much more involved in the
illegal practices carried out by the US within the context of
the so-called war on terror than has been publicly
admitted.
A committee of inquiry set up by the German parliament has
for some time been investigating the activities of the German
intelligence service (BND). One of the cases under review concerns
the German citizen Khalid al-Masri, who was kidnapped by the CIA
and taken to Afghanistan.
Other cases concern the presence of German agents at interrogations
of German prisoners in a Syrian torture prison and the US detention
camp at Guantánamo. Already in January this year reports
emerged that two German intelligence agents had operated in Baghdad
collecting information which was then passed on to the US occupation
forces.
Now it has been revealed that German Army special forces (KSK)
have been actively supporting the international chain of illegal
prisons run by the US. In the southern Afghan city of Kandahar,
KSK soldiers guarded prisoners who were later flown to Guantánamo.
Among these detainees was Murat Kurnaz, a Turkish citizen who
was born and grew up in Germany.
Kurnaz was arrested in the autumn of 2001 in Pakistan and sold
for a bounty to the US forces in Afghanistan. In January 2002,
he was transferred to Guantánamo, where he remained imprisoned
for four-and-a-half years until his recent release, although both
the German and American governments knew he was innocent within
a few months of his incarceration.
The real nature of the activities of the KSK in Kandahar has
come to light only as a result of statements by Kurnaz, who returned
to Germany this August. Kurnaz reported that soldiers speaking
perfect German and with German flags on their uniforms pulled
his hair and smashed his head against the floor. He also said
German secret service agents sought to enlist him as an informer.
In the initial interrogations he was confronted with details
which indicated knowledge of his background: where he purchased
his digital camera before setting off for Pakistan, to whom he
sold his cell phone, etc. I had no doubt they were cooperating
with German authorities, Kurnaz declared.
Two weeks later he was directly questioned by Germans. I
was informed that two German soldiers wanted to see me,
he notes. They were clothed in such a fashion as to hide their
identities.
Kurnaz was forced to lie on the floor with his hands tied behind
his back. When recently asked by the German magazine Stern
whether the men involved were KSK soldiers, Kurnaz answered:
It could be. They bashed my head against the floor, something
the Americans found amusing.
Over the past few weeks, the German Defence Ministry has been
at pains to present Kurnaz as a confused person making fantastic
claims, while denying any contact between him and German soldiers.
Then two weeks ago the ministry suddenly conceded that KSK units
were involved in guarding the camp in Kandahar, following a request
from the US, and that they had met with Kurnaz.
During their briefing on guard duty the Germans
were informed that the prisoners included a man with whom they
could speak in German. Thereupon there was contact with
a German-speaking prisoner, according to a Defence Ministry
spokesperson. Soldiers had informed the German Defence Ministry
about the presence of the prisoner on January 3, 2002, but the
defence minister at the time, Rudolf Scharping (Social Democratic
PartySPD), was allegedly not personally informed.
The Defence Ministry denies that KSK soldiers abused Kurnaz.
According to the parliamentary defence undersecretary, Christian
Schmidt (Christian Social UnionCSU), there was only verbal
and no physical contact. There were no clues,
he said, to indicate that Kurnazs statements were correct.
This was because none of the soldiers present in Kandahar had
responded to written requests that they respond to Kurnazs
version of events.
In the meantime, the defence committee of the German parliament
(Bundestag) has assumed the role of a full committee of inquiry
to clarify immediately and without reserve the claims
made by Kurnaz. The committee, however, is pledged to secrecy,
so that little can be expected in the way of clarification. Its
real task is to guarantee an extension of the mandate of the KSK
in Afghanistan, which runs out in November and must be extended
by the Bundestag.
The efforts of the committeeand of the mediahave
concentrated on two issues: whether Kurnaz was physically abused
or only verbally dealt with by German forces, and
why the information regarding his apprehension was not passed
on to the head of the Defence Ministry. These are important, but
secondary, issues in comparison to the more fundamental question,
i.e., the overall role of the KSK in Afghanistan.
The role of the KSK
The KSK elite unit was created 10 years ago to meetaccording
to the Internet site of the German Armythe new challenges
and tasks ... which cannot, or cannot adequately, be dealt with
by conventional forces. The web site boasts that the KSK
is deployed worldwide and usually unnoticed by the public.
In November of 2001, the government at the timea coalition
of the Social Democratic Party (SPD) and Green Partysent
the KSK to Afghanistan with a blank cheque. While units of the
German army are active in the Afghan capital and the north of
the country as part of the UN-sanctioned ISAF force, KSK units
operate all over the country as part of the US-led operation Enduring
Freedom against Al Qaeda fighters and the Taliban.
The clandestine activities of this special unit, comprising
approximately 100 men, are considered highly classified. In the
Die Welt newspaper, the Free Democratic Party (FDP) deputy
Werner Hoyer complained that the foreign affairs committee of
the parliament had received no information on the KSK for the
past 13 months. I am deeply troubled by the secretiveness
of the Ministry of Defence. I do not know concretely what the
KSK is up to in Afghanistan, what orders it has had, he
declared.
With US military and media sources continually dispensing information
about large numbers of killed Taliban fightersin
the absence of witnesses or proof of their identity as fightersit
must be assumed that the KSK is involved in such actions, operating
with a license to kill.
So far there is no hard evidence, apart from the victims
statements, to prove that the KSK abused Kurnaz, but official
denials are already proving threadbare. According to one high-ranking
KSK officer, speaking to Stern magazine: We had already
seen how the Americans kicked and struck prisoners in the camp.
It was simply mean.
The fact that the KSK was (and perhaps still is) active in
Afghanistan, guarding US prisoners who are being held under conditions
that violate international law, reveals the complete hypocrisy
of the German government in formally condemning such prison camps.
The newspaper Die Welt has cited a former KSK member who
claims that the order for KSK members to guard prisoners held
by US armed forces in Kandahar came directly from the Ministry
of Defence in Berlin.
It also appears that the German government was better informed
about the case of Kurnaz than it chooses to admit. The German
intelligence service had already informed the chancellors
office in December 2001 that the German-born Turkish citizen
MK was imprisoned in a camp in Kandahar and would shortly
be transferred to Guantánamo.
According to a confidential report by the government to the
parliamentary control committee for the intelligence service (PKG)
released by the media, the service wrote: There is the possibility
for German authorities to question MKpossibly even in Afghanistan.
The Defence Ministry had received the KSK report on Kurnaz
some days previously. It is probable that this report was the
source of the information passed on by the intelligence service
directly to the chancellery, which was headed at the time by the
current foreign minister, Frank-Walter Steinmeier (SPD). It is
also known that in October 2002 the German government turned down
an offer from the US to release Kurnaz and return him to Germany.
The dangers of militarism
The case of Kurnaz exposes the enormous dangers in the turn
to militarism. The creation of the KSK has established a secret
force that operates free from any effective control, while the
German intelligence service is directly implicated in the illegal
machinations of the US secret services.
The German grand coalition government between the conservative
parties (Christian Democratic Union and Christian Social Union)
and the SPD is determined to maintain this course. Bearing in
mind that coalition parties dominate the current parliamentary
committees of inquiry, little can be expected in the way of any
real clarification of the role of these agencies.
The parliamentary committee of inquiry into the intelligence
service has explicitly justified the practice of interrogations
carried out in illegal prison camps. The committees final
report declares euphemistically that the German government accepted
offers from abroad to question terrorist suspects even if
arrest and prison conditions did not exactly correspond to international
legal and human rights criteria. Therefore, the questioning
of Kurnaz in Guantánamo on the basis of unsubstantiated
indications of a Bremen cell of Al Qaeda
was necessary.
The draft White Paper on German security policy drawn up by
Defence Minister Franz Josef Jung (CDU) declares the fight
against international terrorism to be the central task of
the German armed forces. With regard to the activities of the
KSK and other special forces, the White Paper states: The
spectrum of action by special forces includes extracting key information,
the protection of its own forces from a distance, the defence
and rescue from terrorist threats, as well as combat missions
in hostile territory.
The White Paper also emphasises the significance of interdepartmental
collaboration in security decisions on a national and international
level. On this basis, the collaboration had already been
intensified between the intelligence service (BND) and military
intelligence. In other words, the military forces overseen by
the Defence Ministry increasingly consider themselves responsible
for upholding domestic securitysomething strictly banned
by the German constitution.
In the past, the German intelligence service BND, although
it is exclusively responsible for espionage activities abroad,
spied on journalists inside Germany itself, thereby flagrantly
violating the freedom of the press. These activities of the BND
were revealed last spring in the Schäfer Report.
But what about the KSK? If it can act abroad free from control,
then why not also at homein line with the political campaign
to enable the armed forces to intervene on the domestic front
in the name of the war on terror? The emergence of
a powerful elite corps that acts free of any legal or public control
represents a clear threat to democracy.
See Also:
Grisly photos expose real
nature of Germany's "peace mission" in Afghanistan
[27 October 2006]
German government presses
for military deployment in Lebanon
[14 September 2006]
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