Press communique of Supreme Military Prosecutor's Office
by
www.mon.gov.pl
Wednesday, November 14, 2007
In relation to the yesterday's press communique, related to investigation of the seven soldiers from the 1st rotation of Polish Military Contingent serving for ISAF in Islamic Republic of Afghanistan (PMC-A), who have been detained on November 13 2007 by the 2nd Department for Organized Crimes of the Supreme Military Prosecutor's Office, I inform that the preparatory proceedings on that subject relate to the events that took place on August 16 2007, at the place NANGHAR KHEL in Islamic Republic of Afghanistan.
On early morning of that day, nearby the indicated place, some explosions - caused by IEDs planted by Taliban fighters - took place. Consequently two ISAF military vehicles have been damaged. In response to that event several patrols have been sent to the place of the event, including the 1st assault platoon of the Battle Team "C" of PMC in Afghanistan, where the currently detained soldiers have been serving.
According to the collected evidence, it can be clearly concluded that the patrol, which the detained soldiers were part of, departed [from the Wazi-Khwa base - MZ] on afternoon of November 16 2007, several hours after the IED attack. After approaching the Nangar Khel and taking their positions according to military procedures, the soldiers saw no Taliban fighters either in the indicated place or in its vicinity.
Current investigation, carried in Afghanistan by the military prosecutor's of PMC-A - in cooperation with Polish Military Police - since the next day after the event, amended by the investigation carried at home by the prosecutors of the 2nd Department for the Organized Crime of the Supreme Military Prosecutor's Office, Poznań seat, allow for the definite statement that - on the orders of the team's commanding officer - the village Nangar Khel has been shelled at by the Polish soldiers with a high caliber machine gun, and then with caliber 60 mm mortar grenades.
It should be especially stressed that the collected evidence unambiguously attests to the fact that the described behavior of the soldiers had no relation to any direct, real aggression from the local population, or to a behavior threatening life, wealth being and safety of the Polish soldiers, or soldiers of other nations serving in ISAF.
As a result of that shelling at the Nangar Khel village six citizens of Islamic Republic of Afghanistan have died, having been subjected to extensive injuries to torsos and lower and upper limbs, which led to wound shocks and consequently to deaths.
In addition, three women, citizen of Islamic Republic of Afghanistan, have sustained heavy health damage, due to injuries to torsos and lower limbs - consequently leading to amputation of the limbs and to permanent disability, a long term disease realistically life threatening in view of the article 156 par. 1 point 2 of the penal code. There were women and children among the dead and wounded.
Legal evaluation of the soldiers' behavior is such that they broke the international law protecting civilian population and undefended places during military operation; in particular: art. 23 point "b" and art. 25 "Regulation of laws and customs of a land war", being an integral part of the Hague Convention, signed on October 18 1907, related to laws and customs of a land war (Law Gazette - Dz.U. year 1927, no. 21, pos. 161), art. 3 point 1 letter "a" of 4th Geneva Convention from August 12, 1949 "On protection of civilians during war" (Law Gazette - Dz.U. year 1956 , No 38, pos. 171), art. 4 bill 2 point 'a' and art. 13 bills 1 and 2 of "Additional protocol to Geneva Convention, August 12 1949, related to protection of victims of international military conflicts (Law Gazette - Dz.U. year 1992, no. 41, pos. 175).
Based on the above findings, six detained soldiers have been charged with the offenses of art. 123 § 1 point 4 p.c., in conjunction with art. 123 § 2 p.c., in conjunction with art. 122 § 1 p.c. - that is to the offenses punishable by imprisonment not shorter than 12 years, imprisonment of 25 years, or imprisonment for life. One soldier has been charged with the offense described by art. 122 §1 p.c. - that is the offense punishable by imprisonment not shorter than 5 years, or imprisonment of 25 years.
Detained soldiers, suspected of the offenses, confirmed the fact of shelling at Nangar Khel village and also refuted that there had been any fire exchange with Taliban before the village shelling.
They also explained that their version of events, provided right after the event, that the shelling was directly caused by the fire exchange, has been a false version, prepared for the ongoing military and criminal investigation.
After the today's proceedings, with participation of the suspects, the prosecutors applied to Military Garrison Court in Poznań for the preventive temporary three months arrest of the seven soldiers.
Chief of the 2nd Department, the Unit for the Organized Crime
Supreme Military Prosecutor's Office, Poznań seat
Karol Frankowski
