Varvarin citizens to appeal to Higher Court in Cologne

(in ITALIANO sullo stesso argomento:
http://it.groups.yahoo.com/group/crj-mailinglist/message/3009
auf DEUTSCH um dasselbe:
http://it.groups.yahoo.com/group/crj-mailinglist/message/3009 )

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http://news.bbc.co.uk/2/hi/europe/3193800.stm
Wednesday, 15 October, 2003, 13:32 GMT 14:32 UK

Serbs sue Germany over bridge attack

Relatives of civilians killed when Nato aircraft bombed a
Serbian town in 1999 have put their claims for
compensation to a court in Germany, despite the fact that
no German planes were involved in the action.
Ten civilians were killed when Nato jets targeted a bridge near a
busy market place in the town of Varvarin, as part of efforts to
put pressure on the then Serbian leader Slobodan Milosevic.
The relatives claimed a million euros in damages at the state
court in Bonn.
They say Germany must take responsibility as a member of
Nato.
Berlin has argued that it is not liable since neither German
planes nor German pilots were involved.
Lawyers say a German court was chosen because the families have
had support from human rights activists in Germany.
Some media in Germany have suggested that the country's foreign
policy itself is on trial.
The suit could serve as a test case for others seeking damages
from Nato countries.

'Legitimate target'

The claimants scaled down their original request for 3.5 million
euros when the proceedings opened, to bring it in line with other
similar settlements in Germany.
Three people were killed and five injured in initial raids by
F-16 fighters on the bridge in Varvarin, 110 miles (180km)
south-east of Belgrade.
The aircraft returned minutes later, killing seven more
and injuring another 12, among them people who were trying
to help victims of the first attack.
Nato said that the bridge was a legitimate target and denied
targeting civilians.
However, the claimants argue that the raid violated the Geneva
Conventions, since it came without warning and was carried out on a
busy market day.
"That was murder, bombing ordinary civilians in broad daylight,"
Zoran Milenkovic, whose 15-year-old daughter was killed in the
raid, told the Associated Press news agency.
Doubts have also been raised about the military significance of
the bridge, which has a maximum capacity of 12 metric tons.
Lawyers for the victims say the most important thing for the
claimants is to get an admission of wrongdoing.
"The least important thing is the money, it's about someone
saying that what happened was wrong," said lawyer Guel Pinar.

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http://www.b92.net/english/news/
index.php?&nav_category=&nav_id=25918&order=priority&style=headlines
Associated Press - December 10, 2003

Court rejects NATO victims’ compensation claims

BONN -- Wednesday – Victims of a NATO air raid on a
Serbian town during the 1999 Kosovo war can't claim
compensation from the German government, a state court
said today.
Lawyers for 35 plaintiffs - people wounded in the
bombing and relatives of the dead - had sought EUR1
million in damages from the Berlin government, arguing
that Germany bore responsibility because it is a
member of the NATO alliance.
A total of 10 people died and 17 were injured in the
May 30, 1999 attack on a bridge in Varvarin, which
came as NATO was pressing Serbian strongman Slobodan
Milosevic to withdraw Yugoslav troops from Kosovo.

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http://news.bbc.co.uk/2/hi/europe/3306431.stm
Wednesday 2003-12-10, BBC News (English)

Serb families lose Nato court bid

Serbian families who tried to sue Germany over a Nato bombing raid
have lost their case, a German court ruled.
The 1999 bombing of a bridge at Varvarin, 110 miles (180km)
south-east of Belgrade, killed 10 and injured 17.
A total of 35 people sued Germany, saying that although German
planes did not take part in the raids, the government held
responsibility under its Nato membership.
They had sought one million euros ($1.2m) in compensation.
Nato says the attack on the bridge, during its campaign to drive
Serb forces from Kosovo, was legitimate.
But the families said the raid violated the international Geneva
conventions, since it came without warning and was carried out on a
busy market day.
An initial raid killed three people, but the planes returned
minutes later, killing seven more.
Some of the victims of the second attack were trying to help
victims of the first wave of bombing.
Berlin argued that it was not liable since neither German planes
nor German pilots were involved.
Lawyers said a German court was chosen because the families had
support from human rights activists in Germany.
The suit was seen as a possible test case for others seeking
damages from Nato countries.

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http://www.tanjug.co.yu/
Tanjug - December 12, 2003

Varvarin citizens to appeal to Higher Court in Cologne

19:20 BONN , Dec 10 (Tanjug) - A member of a group of
Varvarin citizens who sued Germany because of a 1999
NATO attack at the Varvarin bridge in which their
family members were killed or injured, announced that
the group would file an appeal to the Higher Court in
Cologne, after the court of first instance in Bonn on
Wednesday rejected their lawsuit and demand for a
1-million-euro compensation.
"We have the right to appeal to the Higher Court in
Cologne and our lawyers believe that this will
certainly happen in 2005, because until we file an
appeal against this verdict, one or 1.5 years will
pass after the verdict, that is the reception of the
written verdict of the Bonn court, " Vesna Milenkovic,
whose daughter Sanja was killed in the attack, told
Tanjug.