[4 articles]
U.S. Iraq war vet Andre Shepherd seeks asylum in Germany
http://www.agoracosmopolitan.com/home/Frontpage/2008/12/12/02905.html
by Military Counseling Network, Courage to Resist, et al
12/12/08
FRANKFURT, Germany - U.S. Army Specialist Andre' Shepherd applied for
asylum in Germany Nov. 26, becoming the first Iraq War veteran to
pursue refugee status in Europe.
After attending college and failing to find meaningful employment,
Shepherd enlisted in the military early in 2004. The promises of
financial security and international adventure easily trumped working
at a fast food chain. He became an Apache airframe mechanic, hoping
to someday qualify up to the role of helicopter pilot.
His first unit was already deployed to Iraq when he completed his
training, so he joined them immediately, with only one day at his
unit's home in Germany. Shepherd spent six months on a forward
operating base near Tikrit, working 12-hour days to keep the heavily
armed Apaches (and their signature Hellfire missiles) in the air.
Though he enlisted in order to bring freedom, prosperity and peace,
Shepherd found none of these traits in the locals with whom he interacted.
"Some had the look of fear, while others looked outright angry and
resentful," he said of locals contracted for jobs around the base. "I
began to feel like a cruel oppressor who had destroyed the lives of
these proud people.
"Our unit did a lot of good things, giving schools books and bringing
clothes to children," he said. "These actions helped my conscience a
bit, but I kept thinking to myself, 'Had we not invaded, would these
people need this aid now?' "
Shepherd began researching for himself not just the causes of the
Iraq War, but the wider War on Terror. As inconsistencies in the
official story emerged, the reasons for which he joined the military
lost credence. As the myth of Weapons of Mass Destruction evaporated,
so too did his faith in the mission.
"Saddam Hussein was admittedly a dictator," Shepherd said. "However,
he was not leading his country to produce any sort of weapon that
could be used against the United States government and its citizens.
"When I asked my sergeant about this, he told me that many in the
Army also had questions, but it was their duty to serve," he said.
"That may be true, but signing up voluntarily does not mean I should
stop thinking or having a conscience."
Upon his return to Germany at the end of the deployment, Shepherd
began to investigate the options available to an American soldier who
questions the morality of war. He spoke with a superior about
conscientious objection, but was told the process was lengthy and his
application would probably be denied.
U.S. military regulations also state a conscientious objector must
have an objection to all war in all form. Since Shepherd's objection
was not in opposition to all war, his application would have required
lying, which would have compromised the moral composition of his argument.
After months of deliberations, finding no suitable avenue in the
Pentagon's serpentine regulations, he packed his things on April 11,
2007, and went Absent Without Leave from his Katterbach base in the
middle of the night.
He has lived underground in Germany for nearly two years, waiting for
his unit to return from yet another Iraq deployment, but such a
vaporous life can only be lived for so long.
Roughly 200 American service members are currently living in Canada,
many of whom are pursuing asylum. Shepherd's decision to pursue a
similar status is the first of its kind by an American Iraq War
veteran in Europe.
Seeking asylum in Germany is partially a matter of geographic
convenience, but political matters also strengthen the case. A
majority of Germans are against the war in Iraq, and German soldiers
have never been deployed to Iraq in support of the conflict.
This disposition came to a head in 2005, when the German Federal
Administrative Court officially declared the Iraq War violated
international law, citing the assault launched by the United States
as an act of aggression.
A German army officer had refused an order to develop a computer he
feared would be utilized by the United States against Iraq. He was
demoted and a criminal complaint was filed against him for
insubordination. The federal court reversed the demotion because the
charges contravened a paragraph in the German Constitution
guaranteeing the right to freedom of conscience.
Shepherd's application also cites a European Union regulation
providing refugee status to a soldier who is in danger of being
prosecuted if military service "would include crimes or acts" which
violate international law. The application refers to the Nuremberg
Trials, stating "It is established that a person cannot defend his or
her actions by explaining that they had simply been following orders."
In effect, Shepherd's asylum application calls on Germany to clarify
the nature of its opposition to the war in Iraq. The United States
utilizes German airspace on a daily basis to carry out operations
vital to the war, and U.S. bases within the country are home to
roughly 60,000 American service members.
"We should not be forced to fight an illegal war, nor should we be
persecuted for refusing to do so," Shepherd said. "During the past
five years we have waged a preemptive, internationally condemned war
that was shown to be founded on a series of lies. After learning the
truth about the nature of my military's endeavours, I refuse to
continue to be a part of this."
"We are honoured to help support this courageous war veteran turned
resister in whatever ways possible," declared Jeff Paterson, Project
Director of Courage to Resist-a U.S.-based organization dedicated to
supporting U.S. troops who refuse to fight.
--------
Deserter faces first formal meeting in asylum bid soon
http://www.stripes.com/article.asp?section=104&article=59547
Iraq veteran left unit in 2007 over opposition to wars
By Kevin Dougherty, Stars and Stripes
Mideast edition, Sunday, December 21, 2008
A week before Spc. André Shepherd applied for political asylum in
Germany, the American soldier sat in a farmhouse kitchen in southern
Bavaria recounting the events that led him to desert the U.S. Army in
spring 2007.
Any application for asylum is a political statement, and on this
night Shepherd was opinionated. He called the war on terrorism,
particularly with respect to Iraq, a fraud. He said the Bush
administration lied to the military. And he asserted that continued
combat operations in Afghanistan and Iraq would only serve to further
alienate the local population.
He also touched upon another aim of his campaign to win political
asylum in Germany. That objective is to avoid jail time and a federal
conviction.
"I don't want to be punished for making the right decision," Shepherd said.
The 30-year-old Apache helicopter mechanic will soon get his first test.
Reinhard Marx, the Frankfurt-based asylum lawyer representing
Shepherd, said he expects his client to have his first formal meeting
next month. It actually will be more of an interview, involving
Shepherd, Marx, a government interpreter and at least one migration
official with the German Interior Ministry.
"Legally, we are waiting for the invitation to the personal
interview," Marx said. "I think [the interview] will happen after New Year's.
Meetings of this type usually take no more than a day, though Marx,
an asylum attorney for over 30 years, said sometimes a second day is
needed. "Every detail of his story will be touched," Marx said.
Aside from a few brief comments from the soldier's company commander,
the Army has had little to say about the Shepherd case. He is the
first U.S. servicemember to apply for political asylum in Germany
over the war on terrorism.
"It would be inappropriate for us to comment on an ongoing case,"
Hilde Patton, a U.S. Army Europe spokeswoman, said Friday.
In response to a query earlier this month, USAREUR said the NATO
Status of Forces Agreement and a supplementary agreement between the
United States and Germany apply to all American servicemembers in Germany.
That includes individuals "dropped from the rolls as a deserter."
That administrative action in no way ends their status as member of
the U.S. military, USAREUR said.
"The SOFA and SA apply in the same manner to Shepherd, as with any
other member of our armed forces stationed in Germany," the statement read.
The supplementary agreement is a thick document covering a range of
issues, from taxes and requisitioning procedures to air maneuvers and
marriage certificates. Sections of the agreement seem to apply to
Shepherd, but U.S. officials have yet to tip their hand as to how
they plan to argue their case.
What is certain is that, at least for now, Shepherd enjoys the
protection of the German government.
"German asylum law is applicable in this case for Mr. Shepherd," said
Christoph Hübner, a spokesman for the Interior Ministry in Berlin.
The spokesman added that each application for asylum is different,
and thus handled individually, based on its merits.
"He asked for asylum," Hübner said, "and now this has to be reviewed
under our asylum laws."
German attorneys and government officials familiar with the asylum
laws have described them as liberal but vague in areas. For years,
Germany had among the most liberal asylum laws in Europe, though
lawmakers have recently tightened the rules. Still, Article 16a of
the Basic Law, as it is known in Germany, provides that "persons
persecuted on political grounds shall have the right of asylum."
Shepherd maintains he would be prosecuted as a deserter by the Army
or effectively the U.S. government if he were to turn himself in.
Prosecution and persecution mean different things, but Shepherd and
Marx view them as the same side of the same coin.
While at the Bavarian farmhouse last month, Shepherd responded to a
question about those who would call him a coward, particularly his
brothers in arms.
When he first began to express doubts about the mission during his
first tour to Iraq in 2004-05, Shepherd said some noncommissioned
officers told him he wasn't alone, but that "we signed up for this."
Shepherd said when he enlisted he "still had faith in the U.S.
government. If I didn't have faith, I wouldn't have signed up."
Servicemembers, he added, expect the government officials "to tell us
the truth, especially when they are asking us to kill someone."
Legal experts who have commented on Shepherd's quest for political
asylum have said that U.S. and German politics will most certainly be
a factor in any resolution.
"This is a highly political question," said Hanns-Christian Salger, a
law professor at Goethe University in Frankfurt.
Even though the German government didn't join the U.S. and the U.K.
in the invasion of Iraq, it still helped, probably more than people
realize, Salger said. Such assistance clashes with anti-war comments
by a host of German politicians, most notably former German
Chancellor Gerhard Schroeder, who said there was no justification for
a war against Iraq.
Politicians in Germany and the United States, Salger said, "may try
to find a way around it without calling the Iraq war 'illegal.' "
--------
AWOL US Soldier Seeks Asylum in Germany Over Returning to "Illegal" War in Iraq
http://www.democracynow.org/2008/12/12/exclusiveawol_us_soldier_seeks_asylum_in
A US soldier who went absent without leave a year and a half ago to
avoid returning to Iraq has applied for asylum in Germany. Specialist
Andre Shepherd served in Iraq between September 2004 and February
2005 as an Apache helicopter mechanic. When his unit was called up to
return to Iraq in early 2007, he went AWOL to avoid redeployment,
calling the war "illegal." He lived underground in Germany for a year
and a half before applying for asylum two weeks ago. We speak with
Shepherd in his first international broadcast interview.
Guest:
Andre Shepherd, served in Iraq between September 2004 and February
2005 as an Apache helicopter mechanic. He went AWOL a year and a half
ago to avoid redeployment to Iraq. He is seeking asylum in Germany.
--
AMY GOODMAN: We're on the road in Berlin, East Berlin, to be exact,
East Berlin, Germany. Soldier underground. Today, a Democracy Now!
international broadcast exclusive. A US soldier who went absent
without leave a year and a half ago to avoid returning to Iraq has
applied for asylum in Germany.
Specialist Andre Shepherd served in Iraq between September 2004 and
February 2005 as an Apache helicopter mechanic. After his tour of
duty, he returned to Germany, where he's based. When his unit was
called up to return to Iraq in early 2007, he went AWOL to avoid
redeployment, calling the war "illegal." He lived underground in
Germany for a year and a half before applying for asylum two weeks
ago. Andre Shepherd may become the first American soldier to test
German laws that could grant asylum to war resisters.
Andre Shepherd joins us now on the phone now from southern Germany in
his first national broadcast interview.
Andre Shepherd, we welcome you to Democracy Now! Can you tell us why
you're applying for asylum in Germany?
ANDRE SHEPHERD: Hi, Amy. It's great to be here.
It's for several reasons, actually, as to why. First of all, since I
went AWOL, you know, in early 2007, there was no other recourse, you
know, in order to return back to the United States or travel to
another country. So, I was here in Germany and everything, so this
would be the most logical place to be.
The second reason is because of the stand of, you know, the German
government and the German people against the war. There is
overwhelming support for the antiwar movement that has been going on
since the beginning of the Iraq war. So it would also be, you know, a
logical reason for that.
And third of all, because of theyou know, the Nuremberg trials were
based here in Germany in 1948, about sixty years ago, where they say
that everybody, including soldiers, wouldyou know, must take
responsibility for all of their actions. So, that would mean that if
you're in an illegal war, that means the soldier also is doing
something illegal. So I think that it would be best for me to apply
for asylum in Germany, as well, because of the actual stance and the
historical precedents that have been set, you know, in this land.
AMY GOODMAN: Andre, talk about why you joined the military, where you
were born, where you grew up.
ANDRE SHEPHERD: OK. I was born and raised in Cleveland, Ohio. I lived
in that [inaudible] my entire life. I went tograduated from Lakewood
High School in 1995, and then I attended Kent State University, about
twenty, twenty-five miles south of Cleveland, until about spring of 2000.
After I left college, I ended up working several jobs to try to make
ends meet, because I couldn't get, you know, a job in the field of
study that I was in, which was computer science, because at that time
the dotcom bubble had burst. So I wasend up working the line of
low-paying jobs, you know, like being a courier, vacuum cleaner
salesman, even working for, you know, work-today-pay-today kind of
jobs. And it was not really an easy existence. I ended up being
homeless twice, and things like that.
And what happened was, was that in the summer of 2003, you know,
right after the invasion and everything, I was walking past the
recruiter's office, and he spoke to me about, you know, wanting to
help people and everything, so I went in. You know, we had a cup of
coffee and everything, and he was explaining to me about, you know,
what the militarywhat the military's role in the world, you know, as
of this time was, you know, speaking about basically all the
dictators in the world, like Saddam Hussein, Kim Jong-il, you know,
the usual suspects from the Axis of Evil. And he was mentioning about
September 11th and about the war on terror and everything and talking
about how America stands for freedom and democracy and how we
shouldyou know, they needed people like me to be part of the
frontline in this war against, you know, tyranny and oppression and
everything. So that sounded pretty good to me. I was a little taken
aback by it, because it's not every day someone, you know, asks you
to help save the world or anything like that. But at the same time, I
wasn't sure if I wanted to join the military right away because of,
you know, being in a military structure and giving your life over for
a number of years and everything, because I'm a very
independent-minded person.
But then he started talking about the benefits, you know, about the
steady pay, the free housing, the free medical care, the paid tuition
for school, you know, everything like that. And for me, being down on
my luck and everything and being homeless twice and everything, that
actually sounded like a really good idea, because I, you know, wanted
to put my life on the right path, where I could actually get my life
straight, you know, finish my degree and, you know, going about my
life, reaching the goals in my life.
But I still wasn't really convinced, because I didn't want to sign my
life away for eight years, you know, like as I have said before. But
that's when they told me about, you didn't have to sign up for eight
years, because they had a new program at that time about signing up
for the Army for a few monthsin my case, it was fifteen monthswhere
you could try out the Army and then you could leave. At that time, I
didn't know about, you know, the stop-loss or about the Individual
Ready Reserve, where even after you leave the military service for up
to eight years, you are subject to be called back from the military
for additional deployments or whatever they need you for.
Soand then he also mentioned about the $5,000 bonus. And that really
caught my eye, because I thought, you know, having at least a little
nest egg to begin with, I can actually build my life up, you know,
from there. So after a few months of thinking about it and
everything, I decided to join the military in January of 2004.
AMY GOODMAN: So, you joined, and you trained to be an Apache
helicopter mechanic?
ANDRE SHEPHERD: That's correct.
AMY GOODMAN: And where, then, did you originally go in Iraq? How did
you end up joining your unit?
ANDRE SHEPHERD: What happened was, was after I graduated from the
Advanced Individual Training in Fort Eustis, I was sent to
Katterbach, Germany to join the 601st Aviation Support Battalion. At
the time, when I joined basic training in February, that was when the
unit had deployed to Iraq, so they were already six months in
theater. So when I arrived there, I was sent on to join the unit in
Camp Speicher, which is outside of Tikrit in Iraq.
AMY GOODMAN: So, talk about your days in Iraq, what exactly you did.
Did you meet Iraqis? Did you kill Iraqis?
ANDRE SHEPHERD: OK, I have to explain this, because my experiences
weren't like it was with the infantry, where the infantry was out
every single day going on patrols, you know, kicking down doors and
everything like that, because as an Apache mechanic, our primary job
was to make sure that the helicopters stay in the air. All the time,
we were always mission-ready. So we work twelve-hour days, six days a
week, you know, every single week, because we had to keep the Apaches
in the air. We had to do, you know, phases, where we would do like
complete maintenance on the helicopters and everything like that.
Sometimes there would be duties where you would go for guard duty,
you know, to watch a group of Iraqis who were coming onto the base so
they could, you know, build the fences, like, sand the fences or, you
know, painting or different things like that. So we would actually
give them money, where they could, you know, actually feed their
families or take care of themselves and things like that. So the
extent of my interactions with the Iraqis were very minimal. It was
either by, you know, passing by them while they're working or, you
know, when they're waiting for the trucks and everything, saying
hello and things like that, but not out on the streets or anything
like that. It was a completely different experience than what it
would have been had I been working for the infantry or any of the,
you know, the tank commanders or the cavalry or anything like that.
AMY GOODMAN: You talk about fixing the Apache helicopters. What about
the air war in Iraq?
ANDRE SHEPHERD: Now, this one is a serious point of contention,
because in the research that I have done over several years, the
extent of damage that has happened in Iraqyou know, with the
infrastructure being totally destroyed, you know, their not having
enough power, there's no water, some photos of bullet holes from 30mm
chain guns going through buildings and everythingall of this cannot
have been done by the infantry. This is true.
To get concrete evidence on the air war, it's very, very, very
difficult. There are several articles that I have read, where
journalists are veryyou know, even journalists are frustrated as to
trying to get accurate numbers, you know, how much munitions that
were done, how many sorties were flown, what kind of ammunition was
used. So, you know, they keep getting stonewalled by the military. I
asked the pilots about their missions and everything, and I was told
that their missions areyou know, for operational security, they're
not allowed to talk about them. So what I would have to rely on was
basically what was being reported, you know, with what little
information the journalists can dig up.
But I'm sure it was quite extensive, because many units are flying
like, you know, several thousand missions a year, you know, doing
patrols in Iraq, used in support for the infantry, just doing patrols
throughout the cities and everything. And, you know, with the
constant refueling and rearming, you know they're using the
ammunition for something. They're just not just using them only for
test fire. So we know that they're being done. But like I was saying
in the beginning, the extent of the damage, you know, with what is
going on is the masses of civilians that have been killed as a result
of, you know, of the air war, which is too big to just pin onto the
infantry. I know that, you know, especially the Apache has played a
significant part in the Iraq war, especially in the last five years.
AMY GOODMAN: And, Andre Shepherd, how did you do this research? You
say you got more and more information as you were researching while
you were in Iraq, what led you to believe you couldn't be a part of
this any longer. How did you do research in Iraq?
ANDRE SHEPHERD: OK, now, in Iraq, there was actually a limited
opportunity to do so. It was more so once I redeployed back to
Germany. What we had for our breaks and everything, they had a little
place where you could go and use the internet, you know, mainly to
chat with families or check email and things like that. So that's
where I would spend one hour a day, starting to look up the causes
for the Iraq war, as to, you know, what exactly are we doing there,
and what kind of impact that I had being an Apache mechanic, you
know, and keeping the Apaches in the air, figuring out how my
contribution to the war affects the daily life of the Iraqi people.
What I had been finding out from there, you know, looking at several
sources and everything, is thatyou know, about the lies that the
Bush administration has told, that they have continued to perpetuate,
especially in the last ABC interview that Mr. Bush has given, talking
about thenone of the WMDs have been found in Iraq or anything, about
the widespread damage that has been going on, about the sentiments of
the Iraqi people, the sentiments of different soldiers, depending on
which site you would go to, and things like this. And I've pretty
much been building a massive database on things that I have been
collecting over the years, including the laws, you know, of the
United States, international law, things like that referring to the
legality of the war, and especially with the public opposition that's
been going on, you know, particularly in Germany. You know, there's
huge sections of the United States that were opposing it. Pretty much
all over the world.
So, this began in Iraq, you know, like I said, for one hour a day,
but once I came back to Germany, when I bought a computer and
actually had a constant internet connection, I could actually do
intensive research, you know, for like two, maybe three, four hours a
day, you know, after work, just seeing what was going on.
AMY GOODMAN: Andre, we're going to break, and then we're going to
come back to this conversation. And we'll also be joined by Elsa
Rassbach, and we're going to talk about US military bases in Germany.
There are more bases here than anywhere in the world. Finally, we're
going to be joined by a German lawyer who has sued Donald Rumsfeld,
and we're going to talk about the Senate report that just came out on
the former Secretary of Defense.
This is Democracy Now! We're broadcasting from Berlin. Stay with us.
[break]
AMY GOODMAN: We're broadcasting from Berlin, actually from East
Berlin, here in Germany, as Democracy Now! goes on the road and wraps
up our European trip. We're joined on the telephone from another part
of Germany by Andre Shepherd. He could be the first US soldier to
apply for political asylum here in Germany, refusing to return to
Iraq. He's gone underground. He's gone AWOL.
We're also joined here in Berlin by Elsa Rassbach. She is a US
citizen and activist who's lived in Germany for the past eighteen
years. She's a member of American Voices Abroad Military Project and
of the German affiliate of the War Resisters' International.
Before we go to Elsa, I wanted to go back to Andre and askso, you
came back here to Germany. Where were you? And what does it mean to
go AWOL? What did you do? You left the base?
ANDRE SHEPHERD: Yes, that is correct. I left the military base in
Katterbach in April 2007 and never returned. This is AWOL. It's
slightly different than desertions, because with AWOL you always have
the intent to return, you know, back to your post after a certain
amount of time, and with desertion, that means you permanently quit
the military. And as of right now, I'm still currently considered as
AWOL, but, you know, given the circumstances [inaudible], I'm quite
sure that that status has changed to desertion.
AMY GOODMAN: And so, how did you actually apply? Have you applied in
any way to the US government?
ANDRE SHEPHERD: For AWOL or for…?
AMY GOODMAN: No, to apply for asylum in Germany.
ANDRE SHEPHERD: Oh, OK, OK. Now I understand. OK, well, basically
what you had to do was go through the reception center, which I went
to in Giessen a few weeks ago, and formally declare myself as an
asylum seeker. And then, you know, they take care of the paperwork
and everything. And then you are designated as an asylum seeker, upon
which you are enjoyed limited rights, you know, for living in Germany
until such time as the hearing comes and they make a decision on
whether or not they will grant you full rights to asylum.
AMY GOODMAN: Why didn't you apply, Andre Shepherd, for conscientious
objector status?
ANDRE SHEPHERD: It's for several reasons, but the main overall reason
is because in the US, conscientious objector only pertains to
individuals that are against every single war of every form. It
doesn't matter if it's offensive, defensive, limited action. It
doesn't matter. The problem is, for me to actually go and apply for
conscientious objection, I would actually have had to lie, because my
belief is that the armed forces are there for defense of the nation,
like let's say an example like someone decides to invade California,
you know, and the military is called up to go and repel whatever
forces invaded the land. Of course I would take up arms and go and
defend my land, because they breached our borders. This is OK. But as
soon as I would use that as an argument in my conscientious objector
application, it would be automatically rejected, because it goes
against the first tenet of the rules of objection.
The second thing on there is that you have to, you know, live the
lifestyle. From what I'm reading, you know, in AR600-43, you have to
live the lifestyle that supports your beliefs. I'm still trying to
figure out exactly how that would work, because the way it's written,
I'm assuming that even if you, like, do things like, you know, play
videogames or watch war movies, you know, anything that advocates
war, that wouldn't support your lifestyle, you know, of your beliefs.
And it's up to the soldier to prove that these beliefs are sincere.
So it's like next to impossible.
The other and most compelling reason is the case of Augustin Aguayo.
At the same time that my unit was scheduled for the second
deployment, Augustin Aguayo's case was big in the media, particularly
in the Stars and Stripes magazine. This guy was the most pacifist
soldier I have ever seen, you know, and he applied for conscientious
objector status. I mean, the guy had never even loaded his weapon in
a war zone. And the way the military treated him and, you know,
summarily rejected his application and saying that he wasn't sincere
about his beliefs and everything, and they wanted to put him in
handcuffs to send him back to Iraq. And he ended up, you know,
serving time, because he finally went AWOL, because normal channels
of conscientious objection were closed to him, and there's like no
other alternative to not going to combat duty. So this told me right
away that this was not the way to go in terms of solving this
problem, because I knew that, one, the CO would be rejected, and two,
that it would cause too many problems, not for myself, but also for
the unit, as well, especially if word got out that this was going on.
AMY GOODMAN: We will link on our website, democracynow.org, to our
interviews with Augustin Aguayo, who joined us right before he turned
himself in in the US military in Los Angeles and then went back to
Germanywell, had been back in Germany, where he had gone AWOL and
ultimately was freed, after being imprisoned. And we've talked to him
extensively about his reasons for applying for CO status.
I wanted to turn from Andre Shepherd, whoI hope you'll stay on the
line with usto Elsa Rassbach, who has been here in Germany for some
eighteen years, moved from the United States. Elsa, can you give us
the lay of the land? You've been a longtime antiwar activist here in
Germany, Germany having more US military bases outside the United
States than any place in the world.
ELSA RASSBACH: Yes. Actually, I've been here in two stints. One was
during the Vietnam War, and one has been since 1996. And in the
Vietnam War, when there were a lot of GI newspapers in Europe and
Germany and many soldiers deserting to Sweden and so forth, the
German peace movement was critical in that effort reaching soldiers.
And now what has happened is that, you know, Germany is still
occupied, really, more than sixty years. Germans are very grateful
for the liberation of Germany by the US, but on the whole, the
majority do not approve of how the US are using the bases here for
these wars. And there are more bases here than any other country
outside the US. There's 68,000 soldiers stationed here. The US is
consolidating in Europe to sort of six mega-bases. Five of them are
to be in Germany, and one is in Vicenza. Ansbach area, where Andre
was stationed, is supposed to be one of them, is supposed to be the
big fighter-helicopter base. In addition to that, there are two
Central Commands in Germany. Germany is the only country with the
Central Commands, you know, reporting directly to the Pentagon, like
we know CENTCOM is in the US, and so forth, but the EUCOM, which
covers all of Europe, Soviet Union, Turkey, that's in Stuttgart, used
to include Africa, but now they've created AFRICOM. That's also in Stuttgart.
AMY GOODMAN: Because no African country would accept them.
ELSA RASSBACH: Exactly. But whyand the Germansyou know, it's a
difficult situation for them. They do not want to be ungrateful. They
also arebut they havefor years now, there has been a strong
opposition building also to the use of the bases here. You haven't
seen demonstrations like you have in Vicenza, where they were trying
to enlarge that base in a middle-class area. You do see in Ansbach,
where Andre was, one of the liveliest movements also against the base
there, because US wanted to expand that base, and they had a petition
in which they saidit was sent throughout Germanythat German soil
should not be used for aggressive war. And many Germans feel that
that should apply to the US also.
AMY GOODMAN: We went to Ireland and to Britain and learnedmet the
Shannon antiwar activists, because most soldiers went through Shannon
airport before going to Iraq. But that's changed?
ELSA RASSBACH: Well, yes. I understand there's still some going
there, but I believe, partly as a result of protest in Ireland, they
shifted that. That's mainly going through a commercial airport in
Germany, in Leipzig, in the former East Germany. And that also is
becoming the focus, the Leipzig airport, of activity here in Germany.
And there are activists who go and watch how many soldiers go off
through there.
But in addition to the soldiers routed through Germany to Iraq and
Afghanistan via Ramstein Air Base or Leipzig or also the commercial
airport Hahn near Frankfurt, there are soldiers, you know, as you
know, permanently based here. It's considered their home, within US
military law. In Schweinfurt, for example, where Augustin was, that
was considered his permanent base. They have had theSchweinfurt had
the largest death rate of any soldiers. They havealso, they're
creatingall of these bases create environmental damage in the German
community. The Germans are paying also for a portion of the costs of
the bases. And the citizens' action against the expansion of the
Ansbach base, where Andre was
AMY GOODMAN: Explain where that is in Germany for viewers and
listeners who don't know.
ELSA RASSBACH: OK. That is in Bavaria. It's aboutit's a bit north of
Nuremberg. And one of the things they've done, actually, is they've
made these huge bases in very outlying areas. I don't know if it's
deliberate. It's harder for activists to get to them. Grafenwohr is
the biggest training base. It's about an hour and a half from Ansbach
also, and it has, you know, lessyou know, just about a thousand
Germans in the area.
AMY GOODMAN: Speaking of Nuremberg, the German constitution says
Germany cannot engage in any offensive war.
ELSA RASSBACH: It doesn't just say Germany. It says there shall be no
preparation of aggressive war from German soil. And there have been
several citizen petitions also with related to Ramstein Air Base,
that it doesn't say that only the Germans may not do it. It says
there shall be no preparation of aggressive war from German soil.
AMY GOODMAN: Do you travel to US bases?
ELSA RASSBACH: Oh, yes. I go to US bases often, and we have a
wholeboth the American Voices Military Project and also the War
Resisters' International, and in Germany we have the networks of
people near all the bases, and there's also other anti-base networks.
We're all working together on this.
AMY GOODMAN: What do you do there?
ELSA RASSBACH: Well, among other things, we are organizingand we've
had for some timethat information be distributed to soldiers. We
have these GI Rights Hotline cards. They're just the same, really, as
they are in the States. They have a hotline phone number on here,
where soldiers can get information. This is the number here. I don't
know if you can see it. But this isanyway, but many people in the
States will have seenoh, excuse me. Many people in the States will
have seen these cards. Here we have also links to different
organizations, like Iraq Veterans Against the War, Military Families
Speak Out. But basically, most people, if they would call the US,
they would also be routed to Military Counseling Network in Germany,
which is the Mennonite counseling organization that is part of the GI
Rights Hotline Network. And so, that's one thing we do, among other things.
We do demonstrations in front. We've invited Iraq veterans right to
Ansbach in May. There were four US Iraq Veterans Against the War who
did a week-long campaign there, as well.
AMY GOODMAN: Coming up is the sixtieth anniversary of NATO, and I
know there are major antiwar plans. Barack Obama will then be the
official president. I expect that he would be going there. Where is
all this taking place?
ELSA RASSBACH: Yes, this is taking place on the border between France
and Germany, in Strasbourg on the French side and Kehl on the German
side, and the whole province of Baden-Baden. And Strasbourg is where
the European Parliament is. In fact, Strasbourg is where we even had
a resolution for asylum in 2006 heard bythe Green and the left
parties helped organize that. We were involved, and all of the
organizations we've mentioned here were involved in that.
And there is a planthis is the whole focus, really, of the German
peace movement, to a large extent, as far as they know, to the
European peace movement this spring, which is to say that nothe
slogan is "no war, no NATO." There is no reason for NATO to continue.
NATO was an alliance against the Soviet bloc and the Warsaw Pact.
It's in the NATO statutes that they areNATO is only defensive. It's
not supposed to be going elsewhere. And since the end of the Cold
War, it has been used now to justify the Afghanistan war, the
aggressive stance, the missile defense shield in East Europe and the
kind of aggressiveness developing to the Soviet Unionor the former
Soviet Union, to Russia and so forth. And it's also used to
justifyit's the only justification why Germany allows these bases to
be used for the Iraq war. Germany didn't agree with the Iraq war.
It's because of the NATO alliance. So this is being challenged now.
AMY GOODMAN: I want to end with Andre Shepherd.
ELSA RASSBACH: OK.
AMY GOODMAN: Andre, how much contact did you have with the antiwar
movement, both German and US? Is this a support to you now? Were you
able to get access to their information? Or, as you said, did most of
your information come from your own research on US military bases in Germany?
ANDRE SHEPHERD: Well, I got into extensive contact with the antiwar
movement through the Military Counseling Network, who I've been in
contact with for the last year and half, actually the entire time
I've been AWOL. As of right now, I am a proud member of Iraq Veterans
Against the War for the last month or so. I have connections withyou
know, connections with Connection e.V. I've spoken with Courage to
Resist. And there's a whole myriad of other peace organizations, like
the Tübingen Progressive Americans for Peace and, you know, many
others such as that. So there's a really huge support network that
we're working together with to try to
AMY GOODMAN: Are you afraid of being picked up, as Augustin Aguayo
was? Now, of course, he was on a US military base in Germany, but
ultimately, well, you know, picked up by US military when he was
first taken. Then he went AWOL. Are you concerned about this?
ANDRE SHEPHERD: As of right now, there's a little bit of concern, but
I am hoping that the Americans will respect the Geneva Conventions
and will not, you know, create a possible international incident by
trying to pick me up and bring them under their jurisdiction while
this process is ongoing.
AMY GOODMAN: And the next step in your application process for asylum
here in Germany?
ANDRE SHEPHERD: Currently, I am waiting for a hearing so I can argue
my case with my lawyer, Dr. Reinhard Marx. And we will present our
case in the most comprehensive fashion that we can. And then we will
see what the initial decision will be.
AMY GOODMAN: Well, I want to thank you both for being with us. Andre
Shepherd, speaking out for the first time internationally about his
application for political asylum here in Germany. And thank you to
Elsa Rassbach. Your website, if people want to get in touch with it.
ELSA RASSBACH: We don't actually have a website, but you could go to
the Munich American Peace Committee, that's part of the American
Voices Abroad Military website. Sorry.
AMY GOODMAN: Thank you both for being with us. The US Senate has come
out with a report on the former Secretary of Defense Donald Rumsfeld.
Next segment, we'll be joined by a German attorney who's sued Donald
Rumsfeld for torture.
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US soldier's German asylum plea imperils ties
http://www.ft.com/cms/s/0/e12efa12-bf35-11dd-ae63-0000779fd18c.html?nclick_check=1
By Bertrand Benoit in Berlin
Published: December 1 2008
An expected thaw in relations between the US and Germany following
the election of Barack Obama faces an unexpected obstacle after an
Iraq war deserter asked for asylum in Germany.
André Shepherd, a US Army specialist who had been living underground
in southern Germany since going absent without leave 1½ years ago,
filed his application last week, he told the Financial Times in a
telephone interview from an undisclosed location. "I've done enough
research to come to the conclusion that what is happening in Iraq is
not the equivalent of World War II but outright massacre," Mr
Shepherd said. "We are not the freedom fighters we think we are."
His application was the first such move by an Iraq war deserter in Europe.
Under a 2004 European directive, now part of German law, the country
must grant asylum to deserters if the conflicts they are fleeing from
are being conducted in an unlawful manner. Mr Shepherd, 31 has been
staying with German friends, often changing locations and working
illegally on construction sites. He said he was reconciled to the
idea that a successful asylum application would make it impossible
for him ever to return to the US. "I miss my family a lot, but
Germany has also become a second home" he said.
Mr Shepherd's lawyer, Reinhard Marx, said: "Legally, his prospects
are looking very good." The German Federal Administrative Court ruled
in 2005 that the Iraq War violated international law and labelled the
invasion an act of aggression.
But Mr Marx added: "Politically, things do not look so good. You can
have doubts as to whether the government would grant asylum to a US deserter ."
If successful, Mr Shepherd's application could create a problematic
precedent for the US military in Germany, home to 66,000 active-duty
personnel, the largest US military overseas presence outside Iraq.
Mr Shepherd's application makes him a deserter under the US military
justice code.
Yet as an asylum seeker, he now enjoys the protection of the German
federal government.
"If the Americans grab him, there will be very little we can do but I
assume they will respect German law," Mr Marx said.
Desertion in time of war carries a possible death sentence in the US,
although in practice Iraq war deserters have faced prison sentences
ranging from nine months to 1½ years.
While several US servicemen have filed for asylum in Canada, home to
most deserting Iraq war veterans, the government there has turned
down applications.
Mr Shepherd, from Cleveland, Ohio, joined the army after college in
2004 and served on a forward operating base near Tikrit in Iraq from
September 2004 to February 2005, servicing Apache helicopters, before
being transferred to Germany.
.