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May 23rd, 2008 - Marines ‘Acted Appropriately’ in Deadly Afghanistan Ambush

News article by Agence France Presse

News article by the Associated Press

News article by the Los Angeles Times

Summary of the Nangahar Massacre

Marines ‘Acted Appropriately’ in Deadly Afghanistan Ambush

 

By Agence France Presse

May 23, 2008

 

Miami - US Marines "acted appropriately" during a firefight in Afghanistan last year which left up to 10 civilians dead and triggered angry protests, the military said in a statement Friday.

 

A statement from the US Marine Corps Central Command in Florida said after reviewing evidence from a court of inquiry, the marines had followed established procedures after coming under attack in eastern Afghanistan on March 4, 2007.

 

Lieutenant General Samuel Helland said a Marines convoy had acted in "accordance with the rules of engagement" during the incident, which was later condemned by Afghan President Hamid Karzai.

 

Helland said troops in a five-vehicle convoy had responded to a "complex attack", after being rocked by a car bomb and small arms fire.

 

A Marine spokesman said the court of inquiry's findings of facts, recommendations and opinions would not be released.

 

As the convening authority, Helland can ignore the court's findings. So it was unknown what the basis was for the general's decision.

 

An investigation into the incident and a separate skirmish in Afghanistan on March 9 which left two Afghan civilians injured took place over three and a half weeks earlier this year.

 

The Marines said two colonels and a lieutenant colonel had examined more than 12,000 pages of documents and heard testimony from more than 45 witnesses.

 

The statement said three Marines - Major Fred Galvin, Captain Robert Olsen and Captain Vincent Noble - would face "appropriate administrative action" as a result of manning and training issues brought to light during the inquiry.

 

The US Marine Corps has faced scrutiny for a string of cases involving civilian deaths during deployments to Iraq and Afghanistan.

 

The most high-profile case has seen several Marines charged following the killings of 24 Iraqi civilians in the town of Haditha in November 2005.

 

Copyright © 2008 AFP. All rights reserved.

 

External link: http://afp.google.com/article/ALeqM5hBZR8phlWz4BTj4Sbu8mutFdfrog


No charges for 2 Marines accused in Afghan deaths

 

By Estes Thompson

Associated Press

May 23, 2008

 

Raleigh, N.C. - A Marine Corps general has decided not to bring criminal changes against two officers whose unit was accused of killing as many as 19 Afghan civilians in 2007.

 

The Marines said Friday that Lt. General Samuel Helland, the commander of U.S. Marine Corps Forces, Central Command, made the decision not to bring charges after reviewing the findings of a special tribunal that heard more than three weeks of testimony in January at Camp Lejuene.

 

The tribunal investigated allegations that as many as 19 Afghan civilians died when a unit of Marines special operations troops opened fire after a car bomb targeted their convoy in March 2007 in Nangahar Province.

 

The Marines said Helland determined the Marines in the convoy "acted appropriately and in accordance with the rules of engagement and tactics, techniques and procedures in place at the time in response to a complex attack."

 

It was the first time in more than 50 years the Marines empaneled a Court of Inquiry. The panel, comprised of two Marine Corps colonels and a lieutenant colonel, only considered the actions of the company's commander, 38-year-old Maj. Fred C. Galvin of the Kansas City area, and a platoon leader, Capt. Vincent J. Noble, 29, of Philadelphia.

 

"Obviously, I am delighted about the findings," said civilian attorney Knox Nunnally, who represented Noble before the Court of Inquiry. "From a legal standpoint, it was overwhelming that this was going to be the result."

 

The Marines, however, said "administrative, manning and training issues" related to the incident were uncovered by the court's investigation. Those unspecified issues have been forwarded to the commander of the Marine Corps's special operations command for action.

 

The Corps also said Galvin, Noble and a third officer - Capt. Robert Olsen - will face administrative actions. It was not immedately clear what those actions might be.

 

Citing witness accounts, Afghanistan's Independent Human Rights Commission concluded the Marines fired indiscriminately at vehicles and pedestrians in six different locations on a 10-mile stretch of road. Nearly a dozen Marines told the court they heard gunfire after the bombing and called the unit's fire a disciplined response to a well-planned ambush.

 

Galvin and several other Marines were sent back to Camp Lejeune after the shooting. The rest of the unit was ordered to leave Afghanistan and returned to the ships of the 26th Marine Expeditionary Unit in the Persian Gulf.

 

An Army investigation later concluded that 50 people were injured and 19 were killed. The brigade commander in charge of regular forces in the province publicly apologized for the shootings, saying he was ashamed of what had happened.

 

But a week later, Marine Corps commandant Gen. James T. Conway said the Army officer shouldn't have apologized because an investigation into what occurred was still ongoing. Nunnally has said he believes three to five people died and less than 19 were injured.

 

"This is a concurrence that all the Marines on the patrol did the right thing," said Galvin's civilian lawyer, Mark Waple.

 

Copyright © 2008 The Associated Press.

 

External link: http://ap.google.com/article/ALeqM5j4q2WpV2h-J5t6gpz7p9KcaND0bQD90RH0R80


Marine Corps unit cleared in Afghan shootout

A special operations unit had allegedly fired wildly and killed as many as 19 Afghan civilians. But a Marine special court of inquiry says members of the 30-man convoy ‘acted appropriately.’

 

By David Zucchino

Los Angeles Times Staff Writer

May 23, 2008

 

Durham, N.C. - A U.S. Marine Corps general has found that a special operations unit acted properly during a controversial shootout in eastern Afghanistan in March 2007 in which Marines opened fire along a busy highway after their convoy was hit by a car bomb.

 

The number of civilians killed during the incident has been in dispute, with Afghans citing up to 19 civilian deaths and convoy members claiming they were shooting at armed insurgents.

 

Marine Lt. Gen. Samuel Helland determined that members of the 30-man convoy "acted appropriately and in accordance with the rules of engagement and tactics, techniques and procedures in place at the time in response to a complex attack," according to a statement released today.

 

The unit -- the first Marine special operations company deployed in combat - had been in Afghanistan just three weeks at the time of the March 4, 2007 incident.

 

Following the shooting near Jalalabad, an Afghan human rights commission - quoting local civilians and officials -- said the Marines killed at least 12 civilians and wounded 35. When a U.S. Army colonel told local Afghans that he was "deeply ashamed" and said the killing and wounding of "innocent Afghans at the hands of Americans is a stain on our honor," it triggered an international uproar.

 

Col. John W. Nicholson, the U.S. Army commander in the area, also made cash payments to survivors of 17 shooting victims and to 25 Afghan civilians who the local Afghan governor said had been wounded.

 

In January of this year, a Marine special court of inquiry looked into the incident, hearing from more than 50 witnesses over 17 days at Camp Lejeune, N.C. Among the witnesses were Afghans who testified by closed circuit video from Afghanistan.

 

According to testimony before the fact-finding panel, the Marines opened fire after their convoy was struck by a car bomb that slightly injured one Marine. Afghan civilians and local politicians accused the Marines of firing indiscriminately along several miles of highway. Marines testified that they responded to what they believed was enemy gunfire linked to the car bomb.

 

Lawyers for two officers who appeared at the inquiry - Maj. Fred C. Galvin, the company commander, and Capt. Vincent J. Noble, the convoy commander - contended that the Marines responded properly to a "complex attack," or coordinated ambush.

 

In many instances, the inquiry heard vague and contradictory accounts.

 

An Afghan elder who said Marines shot up his car, killing his father and nephew, testified that the car was hit by "thousands and thousands" of bullets. Several Marines said that they couldn't see much from inside their cramped Humvees, yet insisted gunmen fired at the convoy and that Humvee gunners obeyed the rules of engagement.

 

The Marines with the best view of events - four men who fired their weapons - did not testify because they were not granted immunity from prosecution.

 

Testimony indicated that a number of civilians had been killed, but a firm death toll was not established.

 

Helland's statement today referred only to "the deaths of Afghan civilians." The general also said administrative actions related to another incident will be initiated against three officers in the unit.

 

Galvin will face a board of inquiry, an administrative proceeding that will examine his actions in a separate incident on March 9, 2007, in eastern Afghanistan in which two Afghan civilians were injured and two Marine vehicles were damaged.

 

Court of inquiry testimony about the March 9 incident was classified and closed to the press and public.

 

Noble faces possible nonjudicial punishment for his actions during the March 9 incident. The company's executive officer, Capt. Robert Olsen, will face a board of inquiry for allegedly mishandling classified information, according to a Marine Corps spokesman.

 

"Administrative, manning and training issues relative to the March 4 and March 9, 2007 incidents that were brought to light during the Court of Inquiry have been forwarded to Commander, U.S. Marines Corps Forces Special Operations command for action," the statement released today said.

 

External link: http://www.latimes.com/news/nationworld/nation/la-na-convoy24-2008may24,0,5302838.story

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