Germany has classified the refugee as a foreign combatant.
The trial of a young Afghan refugee accused of killing a U.S. soldier in Afghanistan began quietly in Munich last month in a case that will set a precedent in Germany for judging a foreign combatant for alleged crimes in another country.
Although prosecutors say it’s the first time Germany has tried anyone for an alleged role in the death of a U.S. soldier abroad, the case against Abdol Moghadas S., 20, has received little attention.
The trial, expected to conclude in March, comes nearly four years after Pfc. Christian Jacob “Jake” Chandler was gunned down and killed while on a combat patrol in Afghanistan in the spring of 2014.
Chandler was 20 years old.
Abdol — whose full name has not been released in accordance with German law — also was 20 when he was arrested in Bavaria about a year ago.
Abdol has been charged under German law with “collaborated murder” and “attempted murder,” among other crimes. The charges stem from a legal change that came after the 9/11 attacks, which allows German authorities to prosecute a foreign combatant. The unprecedented case has lifted the hopes of a dead soldier’s mother eager for justice while shattering the hopes of a refugee seeking a fresh start.
The case is also unusual for its ambiguity. Prosecutors last year told Stars and Stripes that they weren’t sure who they were accusing Abdol of killing.
There is no mention of a soldier’s name in the 60-page indictment. Abdol’s defense lawyer only heard Chandler’s name when it was mentioned — although not in a charge — on the opening day of the trial.
Abdol isn’t being sent back to Afghanistan for trial for many reasons. His rejected asylum application still is under appeal and Germany won’t extradite defendants when the death penalty is a potential punishment.
Others familiar with the case cite political motivations — it gives Germany a chance to show it’s doing something about radicalism.
HT: TAH