On 11 September 2012, Australian SAS troopers in Afghanistan have been looking a killer.
Two weeks earlier, a rogue Afghan soldier known as Hekmatullah had shot lifeless three Australian troops enjoying playing cards at their base.
Australia’s most adorned soldier, the now-disgraced Ben Roberts-Smith, was a part of the hunt to search out him.
Performing on intelligence, Roberts-Smith and fellow particular forces troopers had first raided the village of Sola and an imam and his grownup son have been shot lifeless. An inner Australian Defence Drive (ADF) investigation on the time discovered these killings have been justified.
Homicide In Afghanistan: Hassle With The Taliban
Persevering with their hunt for Hektmatullah, Roberts-Smith and a crew of Australian SAS troopers later helicoptered into the distant village of Darwan in Uruzgan Province.
When the troopers left, three Afghans — together with a farmer named Ali Jan — lay lifeless.
Till just lately, Darwan and its surrounding areas have been thought of too harmful even for native Afghan journalists to entry.
That was till Australian journalist and anthropologist Dr Michelle Jasmin Dimasi travelled there to interview native witnesses on the killing scenes, and to pave the way in which for SBS Dateline’s go to.
The cliff in distant Darwan – the location of Ali Jan’s demise.
Alleged conflict crimes
Ali Jan’s demise grew to become some extent of focus of Roberts-Smith’s failed defamation motion towards a number of publishers, who had branded him a ‘conflict felony’.
Final June, Federal Courtroom Justice Anthony Besanko discovered it was ‘considerably true’ Roberts-Smith had kicked Ali Jan, handcuffed, off a small rocky cliff earlier than he was shot lifeless on Roberts-Smith’s orders.
Roberts-Smith and one other soldier denied this model of occasions throughout the trial, saying they solely shot a legit enemy seen utilizing a radio. Roberts-Smith is presently interesting his failed defamation case.
The 2 different deaths in Darwan that day didn’t contain Roberts-Smith and weren’t a part of the defamation case.
Ben Roberts-Smith, Australia’s most adorned soldier, was a part of the hunt for Hekmatullah, who had murdered three Australian troopers. Supply: Getty / Stefan Postles
First journalist in Darwan
Dimasi spoke to locals in Darwan and heard accounts of those that say they noticed the killing of Ali Jan.
Native farmer Shahzada instructed Dimasi he had seen a soldier kick Ali Jan off the cliff.
“Once we got here shut, he was shot and mendacity down, with blood flowing from his mouth,” he mentioned.
Shahzada was a video-link witness at Roberts-Smith’s defamation trial. The choose mentioned he approached Shahzada’s account with warning, however accepted points of it.
Farmer Shahzada gave testimony within the Roberts-smith defamation trial through video hyperlink as a witness to the killing of Ali Jan.
The almond room
The 2 different males killed by Australian SAS troopers in Darwan that day have been shot in a small constructing used to retailer almonds.
These two males have been Ali Jan’s father-in-law, Yaro Mama Faqir, and a person named Haji Nazar Gul.
The troopers who shot them gave their model of occasions throughout Roberts-Smith’s defamation trial.
The troopers, recognized within the trial as ‘Particular person 32’ and ‘Particular person 35’, mentioned the boys have been discovered individually from different villagers, legally engaged and lawfully killed beneath the principles of engagement.
Particular person 32 mentioned the boys have been armed and “posed a risk”.
Locals in Darwan dispute this declare, as an alternative saying the villagers have been all detained collectively.
They are saying Yaro Mama Faqir and Haji Nazar Gul have been introduced individually into the almond room earlier than being shot lifeless.
Sayed Hamid gave his account of the occasions main as much as the killings from the almond room the place the boys have been killed.
In a video despatched to Dateline, Sayed Hamid mentioned he was detained with the boys, who have been holding up their fingers and being searched and questioned by Australian troopers.
He mentioned the Australian troopers slapped Haji Nazar Gul and knocked off his turban earlier than they led each males away.
Dimasi spoke to Yaro Mama’s sister, Shawo, who described discovering the boys’s our bodies on the ground of the almond room.
She says the pair have been “poor males sitting in their very own home” and the Taliban weren’t round.
Yaro Mama’s sister, Shawo, discovered the our bodies of the boys within the almond room.
“They have been pushed into one room and I used to be pushed into the opposite,” she mentioned.
“They have been crushed, they have been shot.”
Shawo says her brother was shot at the back of the top, whereas Haji Nazar Gul was shot within the aspect of his stomach.
“The blood was gushing, like a container leaking and spilling away.”
In accordance with the Geneva Conference, it’s a conflict crime to hurt an individual that has been detained.
Through the Roberts-Smith defamation trial, Particular person 35 confirmed that he was beneath investigation for conflict crimes however denied any wrongdoing.
The pursuit of justice
In 2020, the Brereton report into alleged conflict crimes dedicated by the ADF discovered credible proof that in 23 incidents, 39 Afghans have been unlawfully killed, both by Australian particular forces members or at their path.
No Australian troopers have been criminally convicted for his or her actions in Afghanistan.
The locals instructed SBS Dateline they need to give witness statements, however no investigators have visited the village to gather them.
The Workplace of the Particular Investigator (OSI), which was established in response to the Brereton report, has mentioned it won’t journey to Afghanistan as a consequence of security considerations.
The OSI is working with the Australian Federal Police to research allegations of conflict crimes however there was gradual progress.
Ben Saul, the UN Particular Rapporteur for Human Rights and Counter-Terrorism, instructed Dateline the testimonies of Afghan witnesses might be “completely decisive” in guaranteeing conflict crime convictions.
Saul says that whereas it’s “doable to securely journey to Afghanistan” Australian investigators may additionally safe witness testimonies by different means, reminiscent of by video-link, by overseas legal professionals within the nation or intermediaries just like the United Nations.
The household left behind
Ali Jan’s widow, Bibi Dhorko, and her household say they’re destitute because the demise of her husband.
Dimasi additionally spoke with Ali Jan’s widow, Bibi Dhorko and two of their kids, who have been infants when he was killed.
Dhorko says the household has been left destitute by the lack of their major breadwinner and the youngsters now work as labourers choosing cotton.
“Now, we wish justice,” she mentioned.
Nonetheless, no pathways for justice have ever been given to Bibi Dhorko.
Saul mentioned victims of crimes allegedly dedicated by Australian troopers should be concerned in felony procedures to allow them to: “really feel like they’re seeing justice be finished within the Australian courts”.
Saul mentioned he’s involved in regards to the size of time it has taken to research allegations of conflict crimes in Afghanistan and says Australia must “pull out all stops” to pursue justice.
“But when you consider it in extraordinary Australian phrases, we might by no means enable any person accused of homicide to stroll the streets in Australia for over a decade with out being arrested and going through trial.”
The accounts of Shawo and Sayed Hamid haven’t been examined in courtroom.
In response to Dateline’s questions the OSI mentioned, “all investigations are being progressed as expeditiously as doable.”
“These are very complicated issues which essentially take a major period of time.”