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Thread: Afghanistan: Canadians in Action

  1. #41
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    Default CAN OMLT Officer Charged with Murder

    Link to earlier news release announcing investigation, and some MSM coverage, below text....

    Charge Laid Relating to Death of Presumed Insurgent
    Canadian Forces National Investigative Service news release CFNIS 2009-01, 2 Jan 09

    News release link

    OTTAWA – The Canadian Forces National Investigation Service (CFNIS) has charged one military officer late yesterday with an offence relating to the death of a presumed insurgent in Helmand Province on or about October 19, 2008.

    Captain Robert Semrau was charged with one count of second-degree murder, contrary to Section 130 of the National Defence Act, pursuant to Section 235(1) of the Criminal Code. Captain Semrau was a member of the Operational Mentor and Liaison Team at the time of the incident. He is accused of shooting, with intent to kill, an unarmed male person. Captain Semrau is currently in Military Police custody and will be transported back to Canada shortly for a hearing before a military judge to determine whether he is to be retained in custody.

    The Commander Task Force Kandahar was made aware of the allegations on December 27, 2008 and notified the CFNIS who immediately initiated an investigation. The CFNIS laid the charge after analyzing the evidence and interviewing witnesses. As the matter is now proceeding in accordance with the Code of Service Discipline, and another part of the investigation is still ongoing, it would be inappropriate to comment further at this time.

    The CFNIS is an independent Military Police unit with a mandate to investigate serious and sensitive matters in relation to National Defence property, Departmental employees and Canadian Forces personnel serving in Canada and abroad....
    "CFNIS Investigation Started", CFNIS 2008-08, 31 Dec 08

    Globe & Mail posts video of officer, taken by US military, before operation in question

    Army Times shares original Canadian Press version of story

  2. #42
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    Default A few more details....

    ...from a Canadian Press wire service account of a custody hearing held today (6 Jan 08), with the usual caveats (innocent until proven guilty; nothing PROVEN in court, only stated; the process ain't over until it's over)....
    ...Tuesday's court hearing was to determine whether Semrau should be released from custody in a military cell at Canadian Forces Base Petawawa, where he was recently transferred from Afghanistan. Although both the Crown and the defence agreed Semrau should be granted bail, presiding military judge Lt-Col. Louis-Vincent d'Auteuil reserved judgment until Wednesday....
    ....Capt. Robert Semrau, 35, faced his first court appearance Tuesday since being charged Dec. 31 for an offence alleged to have taken place last October in Helmand Province. According to an agreed "synopsis" of known circumstances surrounding the Oct. 19 incident, Semrau was with a Canadian operational mentor and liaison team under British command and working with the Afghan National Army when they were ambushed by the Taliban during a 26-kilometre overland pursuit. A U.S. Apache helicopter was called in, after which the group discovered one dead insurgent and another with wounds "too severe for any type of treatment" in the field. An assault rifle was taken from the injured man. According to the court document, the dead and wounded were photographed by Semrau's group "in accordance with standard procedures," after which Semrau was seen standing alone by the two insurgents. Two shots were heard and "at least one witness" will say he saw Semrau firing his rifle at the wounded insurgent. The Canadian and ANA forces then immediately moved on, and the body of the allegedly murdered insurgent was never recovered....
    ....While the Crown contends that Semrau fired the two shots that were heard by witnesses, Turner told the court "the defence theory, of course, will be different." The case appears far from open and shut. Military prosecution lawyer Maj. Marylene Trudel noted that military prosecutors have not yet even determined whether there is a reasonable prospect of conviction, and said the charges could change as the investigation progresses. "We're still a step behind that process," she told the court in arguing for Semrau's release pending trial....

  3. #43
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    Default Canadian Press: Free from custody w/conditions

    "Military judge releases captain pending murder trial"
    A military judge has released an army officer charged with murdering a wounded and apparently unarmed enemy fighter in Afghanistan. The judge, Lt.-Col. Louis-Vincent d'Auteuil, has granted a joint request by both defence and prosecution to allow Capt. Robert Semrau, 35, to rejoin his unit at Canadian Forces Base Petawawa and live at home in neighbouring Pembroke, Ont. D'Auteuil placed conditions on the soldier's release, however, ordering him to remain under military authority, to stay in Canada, to surrender his passport and not to communicate with any Afghan National Army troops or five Canadian soldiers. Semrau is also not allowed to handle any weapons or explosives, even in his soldierly duties, without prior approval from the court....

  4. #44
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    Default Interesting case

    Bio of judge, Lt.-Col. Louis-Vincent d'Auteuil, is here.

    A website supporting Semrau is here.

    The military prosecutor Major Marylene Trudel is one of my many distant Trudel cousins - all go back to one man, Jean Trudel (b. 1629), here.

    We shall see how French-Canadian justice works in the 21st century.

  5. #45
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    Am I reading this correctly, he is suspected of being guilty of killing a mortally wounded enemy who was not going to be given any aid (triaged out)? So it would not have been murder if the enemy combatant had been dis-armed and left to die? I'm a little confused.
    Reed
    Last edited by reed11b; 01-07-2009 at 10:08 PM. Reason: spilling..err spelling
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  6. #46
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    Default So were my paralegal and I - somewhat confused -

    when we discussed this case before heading home. Assuming the CPT shot the guy (not entirely beyond a reasonable doubt from the limited facts), it might have been a mercy killing. If so, we concluded he shouldn't be charged - based on our own morals & ethics, not on any criminal law concepts (she's a criminal justice grad).

    I really want to see how the facts develop in this one.

  7. #47
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    Default Re:

    Quote Originally Posted by jmm99 View Post
    when we discussed this case before heading home. Assuming the CPT shot the guy (not entirely beyond a reasonable doubt from the limited facts), it might have been a mercy killing. If so, we concluded he shouldn't be charged - based on our own morals & ethics, not on any criminal law concepts (she's a criminal justice grad).
    I await more information from the trial process, I'm FAR from a legal expert, and I presume innocence until guilt is proven, but there is a case to be made that the Geneva Convention (1949), esp. Article 3, may come into play here:
    ....Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria....

  8. #48
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    Default It may come into play...

    Quote Originally Posted by milnews.ca View Post
    I await more information from the trial process, I'm FAR from a legal expert, and I presume innocence until guilt is proven, but there is a case to be made that the Geneva Convention (1949), esp. Article 3, may come into play here:
    Does it have any force in Canadian law?

    Does violation of the GC lead to an allegation of homicide in this case?

    Seems to be a non-issue (with respect to Captain Semrau's case) to me...

  9. #49
    Council Member 120mm's Avatar
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    Quote Originally Posted by milnews.ca View Post
    I await more information from the trial process, I'm FAR from a legal expert, and I presume innocence until guilt is proven, but there is a case to be made that the Geneva Convention (1949), esp. Article 3, may come into play here:
    Once upon a time, "battlefield euthanasia" was considered humane treatment.

    I don't think anyone is arguing that the officer involved didn't shoot a wounded man. I am struck by the irony of the officer being tried for a so-called mercy killing.

    What if the officer involved would've just left the man there, to die? Wouldn't similar charges apply? What is the standard, exactly, for when a grievously wounded enemy soldier makes mission accomplishment impossible?

  10. #50
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    Default Since I'm not legal beagle.....

    ...I'm looking forward to hearing more from the proceedings to find out more details about things like this:
    Quote Originally Posted by Ken White View Post
    Does it have any force in Canadian law?

    Does violation of the GC lead to an allegation of homicide in this case?

    Seems to be a non-issue (with respect to Captain Semrau's case) to me...
    - all I have is what's been written in the MSM, which is also why I used "may".

    As for this, 120mm:
    What if the officer involved would've just left the man there, to die? Wouldn't similar charges apply? What is the standard, exactly, for when a grievously wounded enemy soldier makes mission accomplishment impossible?
    I'd LOVE to hear from any legalists on this one, too, since MSM is only covering what's coming out of the process for the moment, and not speaking to experts about such issues. Mind you, depending on how such issues are covered, beware what you wish for re: effects on pubic perception of the proceedings and the individual.
    Last edited by milnews.ca; 01-16-2009 at 12:24 PM. Reason: Cleaned up a bit, added ref to 2nd quote

  11. #51
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    Default

    Once upon a time, I taught patrolling, and believe you me, there is no good LOLW-compliant answer for the grievously wounded combatant, or the EPW who cries out.

  12. #52
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    Default Can we use this for a "research project" ?

    In another thread, I've been flopping about like a large-mouth bass in the bottom of the boat on much the same issue. Perhaps, some progress was made in my presentation at posts ## 54-56 - you judge.

    Any how ways, my theory is that operational law must correspond to what is a reality in the field (law serves the soldier; the soldier does not serve the law); which requires placing more discretion in the field commander to set the rules, based on the "totality of circumstances" as viewed by him and subject only to some very general guidelines.

    So, it is more important to me to hear from field folks on what they think the rules should be in this and related situations (basically a point A to point B problem with an intermediate hitch which requires a go or no go decision).

    Don't have to be a lawyer - this is a "what the rules should be" problem with no "correct answer". Also, we could have a general rule (fitting situations A, B, C and D), together with exceptions for E, F and G.

    There are some articles out there (feel free to find them), but are not particularly helpful cuz they tend to be top down solutions - law imposed on soldiers, not law developed by and for soldiers. Betcha we can do better.

    I'd appreciate comments on this proposition.

    ------------------------
    These kind of problems caused Grotius to develop his work on the laws of war. The problem with Grotius' (the European or Code Systems) method of legal development is a tendency to impose law from above (theorists). That is contrary to the UK-US method of legal development (in its pure form) which derives the law from actual practice (Bracton and those who have followed him for 800 years). Guess which school of thought I belong to.

  13. #53
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    Quote Originally Posted by jmm99 View Post
    In another thread, I've been flopping about like a large-mouth bass in the bottom of the boat on much the same issue. Perhaps, some progress was made in my presentation at posts ## 54-56 - you judge.

    Any how ways, my theory is that operational law must correspond to what is a reality in the field (law serves the soldier; the soldier does not serve the law); which requires placing more discretion in the field commander to set the rules, based on the "totality of circumstances" as viewed by him and subject only to some very general guidelines.

    So, it is more important to me to hear from field folks on what they think the rules should be in this and related situations (basically a point A to point B problem with an intermediate hitch which requires a go or no go decision).

    Don't have to be a lawyer - this is a "what the rules should be" problem with no "correct answer". Also, we could have a general rule (fitting situations A, B, C and D), together with exceptions for E, F and G.

    There are some articles out there (feel free to find them), but are not particularly helpful cuz they tend to be top down solutions - law imposed on soldiers, not law developed by and for soldiers. Betcha we can do better.

    I'd appreciate comments on this proposition.

    ------------------------
    These kind of problems caused Grotius to develop his work on the laws of war. The problem with Grotius' (the European or Code Systems) method of legal development is a tendency to impose law from above (theorists). That is contrary to the UK-US method of legal development (in its pure form) which derives the law from actual practice (Bracton and those who have followed him for 800 years). Guess which school of thought I belong to.
    I don't think this one even falls under a "should be". While the good Captain probably should receive some sort of "corrective action" for not following the correct ROE, it is not "murder". The insurgent, from what little we have, was already triaged out, and was being left to die. If this is not murder then neither is speeding up the process. Was it inappropriate? It probably was, but it was not murder. Of course I am far from a lawyer and a strong believer in the precedence of "intent" of the law outweighing the "letter" of the law. I certainly hope that the CA legal system sees it the same way or I will lose a great deal of respect for our Northern Neighbor.
    Reed
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  14. #54
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    Default Canadians Investigating Alleged Civilian UXO Deaths

    NATO statement:
    Elders from a village located approximately 15 km west of Kandahar City alleged today that two local children were killed and two were wounded when unexploded ordnance they were handling detonated. It is alleged that the unexploded ordnance was left behind by ISAF soldiers who were conducting a practice range exercise in the area the day prior, however the nature of the munition involved has yet to be determined....
    I have to say I was disappointed in CNN's initial version of the story:
    Villagers in southern Afghanistan stacked the bodies of two dead children in front of a provincial council Monday to protest their deaths in a rocket attack. The villagers blamed Canadian rockets for killing the children and injuring five men, but their claims could not immediately be verified....
    I've sent CNN links to other MSM sources, and await with interest to see what they do with them.

    Now, there seems to be a range of narratives out there:
    ....Some media sources reported the children were killed when a missile hit a house in the Panjwai village. Five other people were injured. However Canadian media reported that the children may have died when an unexploded bomb detonated as they searched for scrap metal in the Panjwai valley. A local police chief said the deaths may have been caused by a Taliban attack ....
    I've found nothing on English-language jihadist fora with the Taliban's version of events yet - will share if/when I find anything.

    Shameless & brazen self-plug: a little more here.

  15. #55
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    Disappointed in CNN reporting? Isn't that analogous to being disappointed that a rattlesnake will bite, or that the sun comes up in the East in the morning?

    You ARE talking about a TV channel that has a running "Global Warming Will Kill Us All" feature disguised as "news" aren't you?

  16. #56
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    Default I know, I know....

    ...but I can dream, can't I?

    BTW, here's the results of the initial probe, from the Canadian Forces statement:
    ....Preliminary findings, based on the evidence collected, witness interviews and analysis of explosive residue by in-theatre explosives experts, determined that the device which caused the blast was most probably an unexploded anti-personnel improvised explosive device (IED) or mine not consistent with ammunition used by Canadian Forces (CF) personnel. The CFNIS is confident that further detailed analysis of the evidence by forensic laboratories will validate the preliminary findings....
    and from an ISAF statement:
    ....Brigadier-General Jon Vance, the commander of Canadian troops in Kandahar province, said the explosive did not belong to his soldiers, who held a range practice in the area the day before the tragedy.

    “The burden of proof and experience in this part of the province places the likelihood of harming people with explosives squarely on the shoulders of the insurgency, not on the shoulders of Canadians” said Vance.

    The preliminary findings of the investigation have determined that the device which caused the explosion was most probably an Improvised Explosive Device or mine not consistent with ammunition used by the ISAF troops previously in the area. These findings are based upon the evidence collected, witness interviews and analysis of explosive residue....

  17. #57
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    Default IO battle continues

    Insurgent TTP:

    When any event happens in which a civilian death, particularly of women and children, occurs immediatly blame the Coalition Forces. (The exception would only be if an insurgent was caught red handed and on film, then the insurgents will generally remain quiet on the occurance and try to divert attention elswhere).

    For the insurgents the truth is of less (or of no) importance it is the timeliness of the spin. In this case it was a near spontaneous reaction. Nearly as fast as the explosion itself they had the spin machine rolling.

    While coalition forces bring in experts to conduct forensic analysis to identify the true cause of the incident and wait to put out press releases the insurgents fire away with their version. They thereby gain the upper hand.

    It is the nature of the beast.

    We counter it through active and constant engagement with the population , the key leadership and a consistent information campaign. The burdens of proof will always fall on us. We need to generate a faster tempo on delivering the truth to gain the trust of the locals. Easier said than done, but it can be done. -T

  18. #58
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    Default CAN Efforts to Focus on K'Har City, Environs

    At least according to a senior government official quoted in this account....
    “Canada’s area of responsibility in the Taliban heartland will be cut by nearly half this summer as part of U.S. President Barack Obama’s new Afghan strategy, to be unveiled Friday. But Canada’s combat mission in Afghanistan is to retain control of some of Kandahar’s most violent areas — Kandahar City and the farming districts to the west of the provincial capital where three-quarters of Kandaharis live. Canada’s army also will remain NATO’s point of contact with the provincial governor. “Canada will be more focused on major population centres in and around Kandahar city, which is exactly where we want to have an impact with our priorities,” David Mulroney, the Privy Council Office deputy minister who heads the government’s Afghanistan Task Force, told an all-party committee of MPs Thursday….”
    .... as well as RUMINT shared in this account from earlier in the week....
    …. Rumours have been circulating among local Afghans that the Canadians are planning to pull out of all districts except for Zhari, Panjway and Kandahar city….
    A little more here.

  19. #59
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    I say they need to put more Tim Horton's in the city, as well as in KAF.

    It's hard to stay insurgent with a fresh hot coffee and a friendly face in the morning...

  20. #60
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    Default Media spat in Kandahar

    I think these two articles stand on their own, without comment, to illustrate how perspective affects things:


    NATO slaps restrictions on Canadian media in Kandahar

    Source: The Canadian Press

    29 April 2009

    NATO has imposed tough new restrictions on foreign journalists covering the war in southern Afghanistan , changes that could affect how much Canadians see and hear from war-torn Kandahar .

    The new measures, imposed in early March, mirror the way the U.S. military manages reporters in Iraq .

    The restrictions make it virtually impossible for Canadian journalists to leave Kandahar Airfield on their own to interview local Afghans and return unimpeded to the safety of NATO's principal base....
    Assignment Kandahar: Censorship, and what is not

    By: Brian Hutchinson

    29 April 2009

    Canadian Press has moved a misleading story from Ottawa that says “tough new restrictions” imposed on reporters embedded with Canadian Forces at Kandahar Airfield “make it virtually impossible” for us to leave the base on our own and report goings-on outside the wire.

    This comes as a complete surprise, because I had no trouble leaving the base on my own the other day, meeting with my local Afghan “fixer,” and traveling into town to report a story about Afghans that appeared Tuesday in the National Post and on canada.com.

    I also blogged about my brief encounter with local kids at a Kandahar city swimming hole.

    Canadian military personnel were aware that I was leaving KAF. In fact, a member of their public affairs staff drove me to a gate where

    I met my fixer. The same soldier picked me up on my return to KAF. More of an effort for him than me......
    Last edited by Jedburgh; 04-30-2009 at 11:47 AM. Reason: Added links

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