Bünyamin Erdoğan

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Bünyamin Erdoğan (alias Imran al-Almani ; born November 4, 1989 , † October 4, 2010 in Mir Ali , Pakistan ) was the first German known by name to be killed by the use of an unmanned aerial vehicle ("drone"). As a result of this event, the question was publicly discussed and examined in Germany whether his targeted killing constitutes a criminal offense within the meaning of the International Criminal Code , whether German authorities share responsibility and whether German citizens should not be better protected in the event that German authorities cooperate with foreign or international authorities . The event also formed the occasion for corresponding inquiries from members of the German Bundestag .

prehistory

Erdoğan was born the son of Turkish immigrants . He grew up in Wuppertal - Vohwinkel . After secondary school, he attended evening secondary school from 2007 to 2009, which he left with secondary school leaving certificate. Until 2008 he worked as a temporary worker on the farm of a farmer from Velbert - Langenberg , where his parents had an allotment garden. The farmer described him as "reliable, quiet, shy". In 2009 he attended a Koran school in Egypt . In July 2010 Erdoğan moved to Mir Ali, a Pashtun- inhabited place in the Pakistani region of Wasiristan on the border with Afghanistan . Here he met his older brother Emrah on August 19 , a Salafist who was trained in a Pakistani Koran school , who was in close contact with the Düsseldorf cell , had already left Germany in April 2010 with his family and the ex-professional footballer Burak Karan and was in Ali had rented a homestead for me in order - as Emrah later stated - " to lead an Islamic life". In this region in connection with the Weil war in Afghanistan took place attacks on NATO convoys and Islamist rebels and leaders of the al-Qaeda were suspected there (→ War in North-West Pakistan ), the area since 2004 has been a destination for drone strikes , the carried out by the US secret service CIA as part of the " war on terror ".

Telephone calls made by the Erdoğan brothers, including with their brother Yusuf, who remained in Germany, have been bugged by the Federal Criminal Police Office since the summer of 2010 , after the Düsseldorf public prosecutor's office began investigations into Bünyamin Erdoğan and other suspects on “suspicion of preparing a serious criminal offense” since July 2010 . According to information from government circles, the results of the investigation flowed to US agencies, which possibly enabled conclusions to be drawn about Erdoğan's whereabouts. From the monitored telephone calls, the authorities learned that Erdoğan had joined several insurgent groups one after the other, that he had received a machine gun as well as weapons and combat training. They also learned on September 7, 2010 that a meeting was planned for October 4 to discuss and promote a suicide attack by Bünyamin Erdoğan against a military facility of the International Security Assistance Force (ISAF). On September 28, 2010, the security authorities classified him and his brother Emrah as one of the “most dangerous Islamist terrorists in or from Germany” (“ dangerous ”).

Crime

According to investigations by the Attorney General at the Federal Court of Justice , Erdoğan's killing proceeded as follows: On October 4, 2010 at around 7.30 p.m. Pakistani time there was a rocket attack by a drone on the farmstead in Mir Ali, where eleven people were staying at the time, including Bünyamin Erdoğan, his Brother Emrah and his family. The rocket explosion caused the deaths of five people; In addition to Bünyamin Erdoğan, the Hamburg-born Iranian jihadist Shahab Dashti Sineh Sar, a member of the Islamic movement of Uzbekistan known under the surname “Abu Askar al-Almani” , and three unidentified Pashtun locals died. In addition to Emrah Erdoğan, his wife and his child, Qari Hussain Mehsud, a leading member of the Tehrik-i-Taliban Pakistan organization , and Mussa al-Brittani, a British member of al-Qaeda, were apparently unharmed.

Demands for public prosecutor investigations

With regard to the killing of Erdoğan, the Federal Public Prosecutor did not initiate an investigation on 10 July 2012 on suspicion of a criminal offense under the International Criminal Code and other offenses against unknown persons. A year and a half earlier, the Karlsruhe judge Thomas Schulte-Kellinghaus had filed a criminal complaint against the President of the Federal Criminal Police Office, Jörg Ziercke , on suspicion of aiding and abetting murder . The member of the Bundestag Hans-Christian Ströbele had also called for an investigation into the role of the security authorities.

Result of the Attorney General

From his investigations, the Federal Prosecutor concluded on July 1, 2013 that Erdoğan had undoubtedly been staying in Vaziristan as a “fighter of a non-state conflict actor” ( combatant ). The killing of Erdoğan should therefore be judged neither as a war crime under Section 8 of the International Criminal Code nor as another criminal offense under this law. There was no sufficient suspicion of a criminal offense within the meaning of Section 170 (2) of the Code of Criminal Procedure . The drone operation served to combat the insurgent groups in North Waziristan and was not directed against the civilian population as such or against individual civilians. The operation was also not disproportionate because the area was not under the control of the Pakistani army or the armed forces of the ISAF and therefore a military arrest operation would not have been possible without an increased risk for the soldiers involved or the civilian population.

criticism

The non-attached member of the Bundestag, Wolfgang Nešković, said of the Federal Prosecutor's result that it was “a legal kneeling before the Obama administration's execution program, which is contrary to international law ”. The media and politicians were critical of the suspected intensive cooperation between German and US agencies in the Erdoğan case and the protection of German citizens, which was assessed as insufficient. The Federal Ministry of the Interior finally issued restrictive rules and instructed the Office for the Protection of the Constitution not to transmit any more data to alliance partners that would enable the location of German citizens. According to an employee of the Office for the Protection of the Constitution, there should have been agreements among the German authorities about the non-disclosure of location data before Erdoğan's death.

Individual evidence

  1. ↑ Gerhard Piper: Combat drones in the hands of the military, agents, terrorists and fathers of families. An overview of the global state of affairs . Page 3: Drone victims from Germany . Article from July 27, 2013 in the heise.de portal , accessed on December 5, 2013
  2. ↑ Hans-Martin Tillack: German killed by US drone . Article from December 1, 2010 in the portal stern.de , accessed on December 1, 2013
  3. ↑ Dead German in Pakistan: Federal Prosecutor closes proceedings for drone attack . Article from July 1, 2013 in the portal spiegel.de , accessed on December 1, 2013
  4. ↑ Wolf Schmidt: Trial of attack threat begins: Terror Morgana . Article from June 2, 2013 in the portal taz.de , accessed on December 5, 2013
  5. ↑ Florian Flade: Der Fall Bünyamin E. Article from November 26, 2010 in the portal ojihad.wordpress.com , accessed on December 3, 2013
  6. ↑ Small request of November 21, 2011 (printed matter 17/7799) , PDF file in the portal dip21.bundestag.de , accessed on December 3, 2013
  7. ↑ Answer of the Federal Government of December 7, 2011 (printed matter 17/8088) , PDF file in the portal dip21.bundestag.de , accessed on December 3, 2013
  8. ^ Gerhard Piper: First meeting of relatives of violent Islamist criminals . Article from July 4, 2011 in the heise.de portal , accessed on December 3, 2013
  9. ^ Case Bünyamin E .: Criminal charges against the President of the Federal Criminal Police Office . Article from January 10, 2011 in the portal wz-newsline.de , accessed on December 3, 2013
  10. ↑ Andreas Spiegelhauer: Bünyamin E .: From a good evening schoolboy to a radical terrorist? Article from October 18, 2010 in the portal wz-newsline.de , accessed on December 3, 2013
  11. ↑ Gerhard Piper: Combat drones in the hands of the military, agents, terrorists and fathers of families. An overview of the global state of affairs . Page 3: Drone victims from Germany . Article from July 27, 2013 in the heise.de portal , accessed on December 5, 2013
  12. ↑ Florian Flade: "Hey, what about Allah?" Presentation of the biography of Emrah Erdoğan in an article from June 18, 2012 in the portal ojihad.wordpress.com , accessed on December 1, 2013
  13. ^ Hubert Gude, Axel Spilcker: Report: E-Mail to Ströbele . Article from June 27, 2011 in the portal focus.de , accessed on December 3, 2013
  14. ↑ Florian Flade: Ex-soccer professional dies in Syrian jihad . Article from November 20, 2013 in the ojihad.wordpress.com portal , accessed on December 1, 2013
  15. ↑ Florian Flade: The day on which Bünyamin died . Article from July 23, 2013 in the portal heise.de , accessed on December 1, 2013
  16. ↑ Christian Denso: Bünyamin's death . Article from January 20, 2011 in the zeit.de portal , accessed on December 1, 2013
  17. ^ BamS: German authorities gave Bünyamin E.'s cell phone number to USA . Report from August 11, 2013 in the de.reuters.com portal , accessed on December 3, 2013
  18. ↑ A. Böhm, C. Elmer, N. Plonka: From the life of two German Islamists . Article from March 29, 2012 in the portal stern.de , accessed on December 1, 2013
  19. ↑ Re: Use of drones on October 4, 2010 in Mir Ali / Pakistan , Section II. Acts , p. 13 ff. ("Open Version", PDF document from the Federal Public Prosecutor at the Federal Court of Justice of July 23, 2013) December 2013
  20. ↑ Drone attack in Pakistan: judge reports BKA president . Article from January 8, 2011 in the portal spiegel.de , accessed on December 4, 2013
  21. ↑ See also: Henning Ernst Müller: Judge at the Higher Regional Court reports BKA boss Ziercke for aiding and abetting murder through US drone attacks . Article from January 12, 2011 in the blog.beck.de portal , accessed on December 5, 2013
  22. ^ Re: Use of drones on October 4, 2010 in Mir Ali / Pakistan , Section C. Evidence assessment , p. 16 ff.
  23. ↑ Press release by the Federal Public Prosecutor at the Federal Court of Justice No. 21/2013 of July 1, 2013
  24. ↑ Wolfgang Nešković: Where is war? ( Memento from September 24, 2016 in the Internet Archive ). Article from July 3, 2013 in the daserste.ndr.de portal , accessed on December 5, 2013
  25. ↑ Gerhard Piper: Combat drones in the hands of the military, agents, terrorists and fathers of families. An overview of the global state of affairs . Page 3: Donkey offerings from Germany . Article from July 27, 2013 in the heise.de portal , accessed on December 5, 2013
  26. ↑ Dreams in Infra Red . Article from July 26, 2013 in the portal freitag.de , accessed on December 1, 2013
  27. ↑ SPIEGEL ONLINE, Hamburg Germany: Dead German in Pakistan: Federal Prosecutor closes proceedings for drone attack. In: SPIEGEL ONLINE. January 7, 2013, accessed June 2, 2016 .
  28. ^ After a drone attack: Germany restricts the disclosure of secret service data . Article from May 15, 2011 in the portal spiegel.de , accessed on December 1, 2013
  29. ↑ Protection of the Constitution: "You can't kill anyone with cell phone numbers" - Golem.de. In: www.golem.de. June 2, 2016, accessed June 2, 2016 .

Web links

  • Killing by joystick (report, broadcast on July 22, 2013 on the station Das Erste , video, 43:44 min, portal ardmediathek.de )
personal data
SURNAME Erdoğan, Bünyamin
ALTERNATIVE NAMES Imran al-Almani
BRIEF DESCRIPTION German-Turkish Islamist
DATE OF BIRTH November 4th 1989
DATE OF DEATH 4th October 2010
Place of death Mir Ali , Pakistan