Lethal Exports: Arms Industry Leaders in the Dock

Summary

The video script chronicles the harrowing incident of Aldo, a student at Ayotzinapa Teacher Training College in Guerrero, Mexico, who was shot during a police attack on unarmed students. The event led to the abduction of 43 students. The investigation reveals illegal arms exports from German manufacturer Heckler & Koch, whose G36 rifles were used in the attack. The court trials in Germany and subsequent revelations about arms deals highlight systemic corruption, human rights violations, and the complexities of international arms trade regulations, raising critical questions about accountability and justice.

Takeaways

• 💔 Aldo, a student from Ayotzinapa, was shot and severely injured by police while returning to college after a demonstration.
• 😢 Six students were killed and 43 were abducted, never to be seen again, highlighting the severe human rights abuses in Mexico.
• 🔫 The weapons used, German-made G-36 assault rifles, were exported illegally to Mexico despite restrictions.
• ⚖️ The trial in Stuttgart investigated the illegal arms deal, but many managers from Heckler and Koch were acquitted, causing outrage.
• 🇩🇪 The German government had not approved the export of these weapons to dangerous Mexican states, raising questions about oversight.
• 📜 The economics ministry in Germany controversially approved the exports, even though human rights concerns were raised.
• 👨‍⚖️ The court's ruling on Heckler and Koch's involvement was criticized for its leniency and lack of accountability.
• 💸 Heckler and Koch made donations to influential politicians, which coincided with approvals for their export licenses.
• 🕵️ Thousands of emails related to the arms deals were missing, creating suspicion about the investigation's thoroughness.
• 👥 Families of the missing students continue to seek justice, illustrating the ongoing impact and pain caused by these events.

Q & A

Who was Aldo and what was he studying?

Aldo was a student at the Ayotzinapa Teacher Training College in Guerrero, Mexico, studying to become a teacher.

What happened to Aldo and his fellow students?

Aldo and around 50 other students were commandeering public buses to return to their college when police stopped the bus and opened fire. Aldo was hit by a bullet and fell to the ground. Six students were shot dead, two were seriously wounded, and 43 students were abducted and never seen again.

What type of weapons were used by the police in the incident?

German military-grade G-36 assault rifles made by Heckler and Koch were used by the police.

What was the main controversy surrounding the export of these weapons?

The German government had not approved the export of these weapons to the region in Mexico where they were used, raising questions about how they ended up there.

What was the outcome of the trial in Germany regarding the illegal arms deal?

The court found that there was insufficient evidence to suggest the other defendants took part in the crimes, leading to the acquittal of the managers of Heckler and Koch. However, the company was fined 3.7 million euros.

How did the German authorities respond to the discovery of the illegal weapons deal?

The economics ministry and other officials involved appeared to have a lax attitude towards the regulations, and there was a chummy relationship between the officials and Heckler and Koch, which led to internal information being shared with the company.

What did the internal emails and memos reveal about the conduct of the officials?

The emails and memos revealed that officials from the economics ministry repeatedly gave out internal information to Heckler and Koch, and even suggested ways to manipulate the end-use certificates.

What was the reaction of Aldo's family to the trial's proceedings?

Aldo's family felt that the trial focused more on the technicalities and paperwork rather than the human impact and the victims, leading to their disappointment and frustration.

What role did KPMG play in the investigation?

KPMG was involved in an internal investigation commissioned by Heckler and Koch, and their cooperation with state investigators led to a filtering and sorting of emails, which was later criticized.

What other German company was implicated in similar illegal arms deals?

Sig Sauer, another German arms manufacturer, was also implicated in illegal arms exports, particularly to Colombia, with the case under appeal.

Outlines

00:00

📚 Aldo's Dream Shattered by Violence

Aldo, a student at Ayotzinapa Teacher Training College in Guerrero, Mexico, was caught in a tragic event when police opened fire on unarmed students commandeering buses after a demonstration. This incident left Aldo and many others either dead or missing, involving illegal use of German military-grade weapons.

05:00

💔 Aldo's Family's Heartbreaking Loss

Aldo was a cheerful and bright young man who was shot by police while trying to negotiate during the bus incident. Despite his severe injuries, he was left untreated for hours in the hospital. The family recounts the devastating impact on their lives, highlighting the broader context of violence and corruption in Mexico.

10:01

⚖️ The Courtroom Battle Begins

The trial in Germany against Heckler & Koch exposed flaws in the arms export process. Key officials testified, revealing the lack of accountability and oversight in approving arms deals, despite known human rights violations in Mexico. The trial showcased systemic issues within German arms control mechanisms.

15:05

🚨 Official Misconduct Uncovered

A long-standing official in the German Economics Ministry was implicated in facilitating illegal arms exports to Mexico. Internal communications and testimonies revealed how this official bypassed regulations, illustrating the deep-rooted problems in the arms export approval process.

20:07

💸 Political Influence and Corruption

Heckler & Koch's illegal arms deals were further complicated by political donations to influential German politicians. Despite the clear evidence of misconduct, many high-ranking officials and executives were acquitted, raising questions about the integrity of the judicial system.

25:10

🕵️‍♂️ Investigation and Cover-up

The trial was marred by missing emails and filtered evidence, suggesting a cover-up. KPMG's involvement in the internal investigation, alongside cooperation with state investigators, highlighted the blurred lines between corporate interests and legal accountability.

30:10

⚠️ Ongoing Struggle for Justice

The Gutierrez family, along with other victims' families, continued to fight for justice despite the challenges. The trial's focus on procedural issues often overlooked the human impact of the illegal arms trade, emphasizing the need for greater accountability.

35:11

🔍 Missing Evidence and Incomplete Trials

Despite the critical missing emails and other gaps in evidence, the court proceeded without addressing these issues. The KPMG report highlighted irregularities but failed to hold the main culprits accountable, reflecting systemic issues in handling such significant cases.

40:11

💼 Legal Loopholes and Responsibility

Aldo's brother, Leonel, attended the trial in Stuttgart, seeking justice for his injured brother. The court's refusal to acknowledge the impact of illegal arms deliveries on specific incidents highlighted the challenges families face in holding companies accountable.

45:11

🔫 The Complexity of Arms Export Laws

The German Supreme Court faced differing rulings on the role of end-use certificates in arms exports. The case of ZigZagwa's illegal exports to Colombia paralleled the Heckler & Koch scandal, emphasizing the need for clear and consistent enforcement of export regulations.

50:13

🌎 Global Impact of Illegal Arms Deals

Mexico's ongoing violence and the widespread use of German-made weapons by security forces underscore the global ramifications of illegal arms deals. The ethical and legal responsibilities of companies like ZigZagwa and Heckler & Koch are brought into sharp focus.

55:16

🔍 Uncovering the Truth in Colombia

Investigations in Colombia revealed extensive illegal arms shipments from Germany, facilitated by loopholes and inadequate oversight. This situation mirrors the issues in Mexico, highlighting the broader implications of the international arms trade.

Keywords

💡Ayotzinapa

Ayotzinapa refers to the teacher training college in the Mexican state of Guerrero where Aldo was studying. The college gained international attention due to the disappearance of 43 students, highlighting issues of violence and corruption in Mexico.

💡Guerrero

Guerrero is a state in Mexico known for its high levels of violence and human rights abuses, particularly by security forces. The script details how Heckler and Koch weapons ended up in Guerrero, contributing to the tragic events involving the Ayotzinapa students.

💡Heckler and Koch

Heckler and Koch is a German arms manufacturer implicated in the illegal export of G36 assault rifles to Mexico. The company and its managers were involved in a high-profile trial for exporting these weapons to states with human rights violations, despite official bans.

💡G36 Assault Rifle

The G36 is a German military-grade assault rifle manufactured by Heckler and Koch. These rifles were illegally exported to Mexico and used by police forces during the attack on the Ayotzinapa students, illustrating the dangers of uncontrolled arms exports.

💡End-use Certificate

An end-use certificate is a document that specifies the final destination and use of exported weapons. In this case, Heckler and Koch manipulated these certificates to bypass export restrictions, leading to the illegal distribution of their weapons in Mexico.

💡Human Rights Violations

Human rights violations in the script refer to abuses committed by Mexican security forces, including abductions and murders. The export of weapons to such regions exacerbates these violations, as seen in the Ayotzinapa incident.

💡Jurgen Grässlin

Jurgen Grässlin is a prominent opponent of Germany's arms industry who brought the case against Heckler and Koch. His efforts highlight the ongoing struggle to hold arms manufacturers accountable for their role in global violence.

💡Export Control Office (BAFA)

BAFA is the German government's export control office responsible for licensing arms exports. The script discusses its role and the apparent failures in monitoring and regulating the export of weapons, particularly in the Heckler and Koch case.

💡Political Donations

Political donations in the context of the script refer to contributions made by Heckler and Koch to influential politicians to gain favorable treatment for their export applications. This highlights the intersection of corporate interests and political influence.

💡Sig Sauer

Sig Sauer is another German arms manufacturer implicated in similar illegal export activities. The script explores how their weapons ended up in Mexico and Colombia through their U.S. affiliate, revealing broader issues in international arms trade regulations.

Highlights

Aldo wanted to be a teacher, studying at Ayotzinapa Teacher Training College in Guerrero, Mexico.

Aldo and around 50 other students commandeered public buses to return to their college after a demonstration.

Police stopped the bus and opened fire on the unarmed students, resulting in the deaths of six students and injuries to others.

43 students, aged between 18 and 23, were abducted and never seen again, joining thousands of others missing in Mexico.

German military-grade G-36 assault rifles made by Heckler and Koch were used in the crimes, despite not being approved for export to this region.

A court in Stuttgart conducted Germany's most detailed investigation of an arms deal to date, leading to the acquittal of Heckler and Koch managers.

The investigation revealed that Heckler and Koch manipulated end-use certificates to export weapons to dangerous Mexican states.

Despite human rights violations in Guerrero, the German economics ministry approved the arms deal with revised certificates.

Heckler and Koch conducted training for Mexican police and army, including in the banned states where the weapons were used.

Aldo Gutierrez Solano was severely injured and left untreated for hours, suffering 65% brain damage.

The trial revealed deep corruption and negligence within German arms export control, including special treatment for Heckler and Koch.

The families of the missing students continue to search for their loved ones and demand justice, highlighting Mexico's human rights crisis.

Former economics minister Sigmar Gabriel confirmed that economic interests should not influence arms export decisions.

The trial exposed systemic failures and the ineffective monitoring of end-use certificates, crucial for arms export control.

The Stuttgart court's ruling contradicted another German court's decision on the importance of end-use certificates, raising questions about legal consistency.

Transcripts

aldo wanted to be a teacher

he was studying at the ayotzinapa

teacher training college in the mexican

state of guerrero

[Music]

but one bullet changed everything

this footage shows the fateful moment

aldo and around 50 other students had

commandeered public buses to get back to

their college after a demonstration

such actions aren't unusual in parts of

mexico

suddenly police stopped the bus and then

opened fire on the unarmed students

hit by a bullet aldo fell to the ground

six students were shot dead two more

were seriously wounded

43 students all aged between 18 and 23

were abducted

they've never been seen since just like

thousands of others in mexico

a number of police officers were

subsequently arrested

accused of carrying out the murders a

number of the weapons used in those

crimes were german military-grade g-36

assault rifles made by heckler and koch

but the german government hadn't

approved their export to this region so

how did they get there

a court in the city of stuttgart took up

the case

the almost year-long trial was germany's

most detailed investigation of an arms

deal to date

the verdict surprised many the case was

initially brought by jurgen gaslin

a prominent opponent of germany's arms

industry the managers have walked away

free

that's the big scandal and proof of the

two-class judicial system

so were the managers of heckler and koch

not responsible for the illegal weapons

deal in the opinion of the court

it is the conviction of this chamber

that there was insufficient evidence to

suggest the other defendants took part

in the crimes

hence the acquittal

so what actually happened it all began

in 2005.

german arms manufacturer heckler and

koch wanted to export thousands of g36

assault rifles to mexico

along with submachine guns so the

company submitted an application to the

german economics ministry in berlin

but the foreign ministry expressed

concern citing human rights violations

by mexican security forces

including abductions and murder in

guerrero and other states

the economics ministry sought a

compromise

meanwhile heckler and koch was waiting

impatiently for permission to export

as the company's then sales

representative from mexico explains

we can only identify him as mochus b

and then from felikov we were then asked

by

sales whether we could change the

designated end use certificate

because some ministry had requested that

certain aspects

shouldn't be mentioned

heckler had originally presented this

end-use certificate from the mexican

defense ministry

to the german economics ministry

the details of this certificate showed

clearly that the weapons were partly

intended for mexican states considered

particularly dangerous

so i wrote an email to my wife from the

computer of

heckler asking her to ask the head of

dcam

the official body responsible for arms

sales in mexico

whether it was possible not to name

these three states

and to issue a new end use so once the

economics ministry had informed heckler

and koch which mexican states would not

be approved

the company submitted a new end-use

certificate where the critical states

were no longer mentioned

but the strange thing was the exact same

number of guns would still be supplied

to mexico

which surely should have been noticed

but approval for the export was

given and the deal began

over the following years a team from

heckler and koch traveled all over

mexico

showing police officers and the army how

to use the firearms

here they are in kolima but they also

went to the states that were supposedly

banned

including guerrero where the weapons

would soon be used

19 year old aldo gutierrez solano for

example

this was him dancing at his brother's

wedding just days before security forces

would destroy his life forever

cheeky and clever and always happy

he was always in a good mood he was

never fearful or shy

just always very happy

i have such fun memories of aldi he was

a very happy guy

always having fun

and he loved to dance

he was a clever child really bright

he was always keen to see everything and

to learn

that's why he went to college now all

that's gone

[Music]

details of that night haunt the family

aldo's brother leone tells us what

happened

first the police started pursuing them

then a police vehicle blocked the

junction ahead

to stop them leaving the city

so the students got out of the bus aldo

was one of the first to get out

he wanted to talk to the police who were

blocking the road in the hope that they

could proceed

but the police immediately started

shooting

the other students got off the buses and

started filming with their cell phones

when aldo was hit by a bullet the others

screamed for help

they called an ambulance for their

friend while running for cover

themselves

more shots fell

that same night aldo's family rushed to

the hospital

i saw him and he had a bullet wound to

his head

the bullet went in here and came out

here

aldo had been lying in the hospital for

hours without treatment

only when his family turned up did

things start to happen

65 of his brain was damaged he didn't

get treated

even though he had serious injuries no

one took care of him

the doctors did nothing despite his

serious condition

drug cartels kill thousands in mexico

every year

but the security forces are also

responsible for many deaths

one of the heckler and koch gun

instructors started to have doubts

when you look at the drug wars there and

the corruption

which no doubt go hand in hand

then surely it's irresponsible to supply

weapons

given the serious doubts as to what they

will be used for

in 2010 he testified to state

prosecutors against his former employer

heckler

it was a damning indictment of

colleagues and managers

that led to two police raids on the

company premises and a mammoth

investigation

and jesus it took eight long years

from the start of the investigation to

the trial

opening in may 2018.

in 2018 the largest trial of its kind

and german post-war history finally got

underway

as always video and audio recordings

were not permitted

but trial observers took detailed

minutes

jan van aaken was one of them

he was previously a weapons inspector

for the united nations and a member of

the german parliament

this is the area for spectators at times

it was really full

particularly at the start of the trial

and the end i mostly sat here at the

front

we took notes on the entire trial for

the rosa luxembourg foundation

so let's go to the front

this is where the defendant sat one

defendant at each table plus one or two

attorneys each

over here were also representatives from

then sat here at the front together with

all the associate judges

there were always two or three of them

we had 28 courtroom days

spread over almost an entire year

i remember three things from the first

day firstly the charges were read out

which included conspiring to commit

crime the second was that the two main

suspects

weren't in the room one

the defendants included ex-ceo peter

biola

and another former heckler and koch ceo

two past employees from the marketing

division

the company heckler and koch itself is a

co-defendant

and a secretary from the export

department

the third thing i remember was the

initial statements given by the accused

where it was totally clear they had no

sense of guilt and i think they were

really serious about that

the argument was they had received

approval for exports to mexico

and so they exported to mexico they

couldn't work out why they were in court

the end-use certificate is the

centerpiece of germany's arms control

mechanism

in this document the buyer declares

where the weapons will be delivered

and where they will be used ruling out

that they will end up anywhere else

several different ministries examine the

application under the direction of the

economics ministry

the government's export control office

bafa then takes care of the licensing

procedure

arnoy de vargoth was president of bafa

for 10 years

he's well acquainted with the procedures

and knows those who worked in the

economics ministry during the period in

question

the colleague involved at the economics

ministry

was not someone who exercised any

particularly

critical judgment in that regard

shall we say

that official who was in a senior

position in the economics ministry

was one of the first witnesses to be

called his testimony got off to an

uncomfortable start

that's right the witness was asked by

the presiding judge

to disclose what the mexico deal was all

about

he answered one moment and put a huge

briefcase on the table

he pulled out an entire file

the judge asked him what he was doing he

said i need the file on the

investigation to get the indictment

and you can see the faces of the state

prosecutors turning red because that's

not allowed

but a witness in a german criminal court

case is holding the indictment

in his hands

but that wasn't the end of it during

questioning the witness revealed that

the other ministries also had access to

the confidential files

but where they came from that bit he

couldn't remember

he actually stated in court we're called

the ministry for

the economy we have a special interest

in ensuring that these manufacturers

can survive economically that's from the

man responsible

for regulating arms exports

for decades heckler and koch has been a

key supplier to the german armed forces

and the police

it's considered to have systemic

relevance

so does the economics ministry give

special treatment to a company like that

we decided to ask former economics

minister sigma gabriel

the official began his statement by

saying we are the ministry for the

economy

so the ministry wants this key

manufacturer to survive

that's true but the export guidelines

state that when it comes to arms exports

economic considerations and jobs are not

to play a role

what's the legal position i hope the

court is familiar with the export

guidelines

back to the courtroom under further

questioning by the presiding judge

the official from the economics ministry

stated from the witness stand

that human rights were more a work of

endeavor

these are the people charged with

safeguarding our highest value

namely human rights in all constitutions

in our constitution they see it merely

as a work of endeavor

so if it happens to suit then we'll

include that too

but otherwise we're not interested

human rights as a work of endeavor

that's not what the approval guideline

set up by the government state

[Music]

with the sentence for this question the

human rights situation in the recipient

country plays a prominent

coming from a role background it's clear

that it's an

absolute test criterion and a deal

breaking criteria

the official in charge should have been

very familiar with the guidelines

he'd spent 15 years working in weapons

export control

this official had been in the job for 15

years i know that's a very long time

very long why was nothing done

you need to

mr macknick replaced him we certainly

looked at the mexico case very closely

and realized we needed to take him out

of the firing line

literally

we wonder if it's normal for a senior

official like that to remain in one

department for so many years

does con no in a ministry you almost

never have people remaining in one

sphere of influence for so long

of course affinities and relationships

would develop

an internal email exchange between the

official in question and the export

control office baffa

certainly suggests such an affinity it

concerns an additional export license

which the official refers to as a

special law for heckler and koch

then he says the company should be

ordered not to broadcast this fact to a

wider circle

further emails and memos reveal that the

same official repeatedly gave out

internal information to the company

a witness from the foreign ministry

actually testified here

that he had appealed to the economics

ministry in writing

to stop passing on their information to

heckler

even that letter was passed to the

company

the economics ministry insists to this

day that it has never divided mexico

into positive and negative states

that's surprising because in this email

the ministry informed heckler and koch

of exactly that division

this here's an email from the ministry

to hector

[Music]

but is that the role of the economics

ministry no it's certainly unusual

was it that chummy relationship that

drove the decisions on weapons exports

opting for a strategy of dividing mexico

into positive and negative states

which is highly questionable under

international law

that was the point that we considered

completely unrealistic

you have to imagine there's a country

and they're supposed to say

these are our weapons supplies but if

you get deployed tomorrow

you can only take them to these parts of

our country but not these parts

it's ridiculous that isn't the way the

police or military work

and so in our estimation that strategy

was inappropriate

some people said it was an apparent

export restriction

and actually they would have all known

that it wouldn't work that way in

practice

it was certainly clear to us that this

strategy was unsuitable

and so we

and indeed the official from the

economics ministry admitted himself

while testifying to the customs

investigation bureau that he realized

the firearms had only been excluded from

parts of mexico

on paper but the economics ministry

denies any wrongdoing

the ministry's main contact at heckler

in koch was peter bailer

he was in the dock at stuttgart but he

was acquitted

on day two of the trial peter beyerless

stated that these

end-use certificates are and i quote the

wrong

instruments and

this ineffective wrong instrument has

for decades been the basis for all of

germany's arms exports

pita biola had been the head judge at a

district court before moving to heckler

in koch

initially he was the company's liaison

officer for the authorities

and then later ceo throughout he was

responsible for export applications

and end-use agreements without an

end-use certificate weapons exports

can't be authorized

the company has to decide whether or not

to take the risk

you need end-use certificates and you

need to monitor them

the export control office baffa also

understands that the

use agreement is a binding document

according to our understanding of the

law the end use certificate

is an integral part of the licensing

yet veteran legal expert peter biola

argued in court that end-use

certificates are not decisive for arms

exports

and he claimed to know nothing of the

reworked certificate for mexico

but his correspondence with the chummy

official at the economics ministry tells

a different story

i wasn't aware of this email before it's

completely clear here

the economics ministry is telling

heckler

you can't export to these mexican states

but these other ones are okay and yet in

the trial

all those involved maintained repeatedly

that there had never been a list of

positive and negative states

it's absurd that this has only turned up

now

then there's also a very revealing memo

from a secretary

for words are said to be mr buyerless 10

mexican states rejected

six positives weapons to be distributed

in a plausible

way between the six positive states

that's incredible

we have a statement from the secretary

saying he said we should distribute the

arms in a plausible way between the six

acceptable states and that wasn't

included

in the trial in the courtroom he always

acted as if he knew nothing

and yet here he's said to have given

this instruction

the word plausible clearly suggests the

intention is not only to supply those

six states

but to redistribute them for the

purposes of the end-use certificate

that's unbelievable

[Music]

but that's not all when the approval of

arms exports to mexico did not appear

forthcoming

biola emailed colleagues suggesting they

pursued what he called

the political route the company made

donations to the constituency offices of

influential politicians

like folka cauda for example he was the

parliamentary leader of angela merkel's

conservative bloc

shortly afterwards biola wrote to cauda

today i must once again trouble you

about that vexed subject of export

licenses to third states

how are we to understand this

we can't expect any positive decision in

the coming months

we only have the political route left we

should make donations to the cdu

and the very receptive ftp then that was

done

and then it didn't help molly down the

drain

you would think so but the interesting

thing is a short while later

mister contacted

and yet the documents show a few days

after the donation and the email

the economics ministry department

responsible got in touch with heklin koh

to provide help with the export

application

we contacted fueka kauda's office for a

response but we're told

mr cauda filled out a questionnaire for

the state prosecutor's office

and now considers the matter closed

for kakaoda was also not willing to talk

to us personally

because of the donations

we tried to speak to peter biola too as

he emerged from the court one day

his wiedenfeld blocked our cameraman

pulling out the sound cable

peter biola began brandishing his

briefcase and his lawyer continued to

attempt to obstruct

us

mr biola what do you know about the

party donations

about heckler

they were clearly not willing to talk

about donations to politicians

monitoring the end use of heckler and

cox arms exports during wireless tenure

proved difficult

we know that from the standard

reliability tests that the export

control office baffa carried out on the

gun maker

in his final report the inspector from

bafa found there was no confirmation of

any monitoring that took place

[Music]

baffa has one particularly potent weapon

at its disposal for ensuring its rules

are adhered

to the agency can rescind a company's

certified reliability as an arms

exporter

it's clear the bafa inspector was

furious he wrote to peta biola

a continuation of the aforementioned

deficits can lead to the re-evaluation

of your company's reliability

and thereby its capacity to gain export

licenses

we showed the inspection papers to jan

van aaken who was seeing them for the

first time

and

how was the decision reached to declare

a company no longer reliable

and when i now read that report and know

that the federal export control office

considered heckler and totally

unreliable

that thousands of military weapons went

undocumented it's incredible

i just find it unbelievable as a

lawmaker i never heard anything about

these allegations

and we asked a lot of questions about

heckler

and the complaints from the bafa

inspector clearly had no impact on the

government's behavior towards heckler

and koch

[Music]

in mexico meanwhile the families of the

43 missing students are still searching

for the bodies of their loved ones

more than sixty thousand people are

classified as missing in mexico

presumed dead

the appearance of the stones help us to

locate graves

i can see these stones were previously

under the ground

so i know the ground has been dug over

here

you see the difference in the color the

stone was on the surface

the other one was buried deeper

the remains of clothing are scattered

across this site

a putrid smell hangs in the air

i still hope that my son will walk

through the door one day

the pain is unbearable it just hurts so

much

but i'm not giving up not until i found

my son

every time i come up to these hills even

though i'm sick

i still forget my illness because i want

to find out something about my son

mexico has never forgotten the missing

student teachers

for more than five years thousands of

people have been taking to the streets

every month to demand answers

they include families and friends of the

43 students who disappeared

human rights lawyer sophia de robina

represents the families

i'm an attorney at the miguel augustin

poharas human rights center

and have been legally accompanying the

aya zinapa case for four years

we represent relatives of the 43

students who disappeared on the 26th of

september 2014

as well as the students who were

executed and also those who were injured

that night

aldo guaterre solano is one of my

clients

[Music]

even traveling in the crisis torn state

of guerrero is dangerous

the lawyer takes us to aldo's family

civilian militia groups have taken

control of the roads and levy so-called

customs duties we're at the mercy of the

local commanders

when they spot our camera things get a

bit edgy

guerrero has been scarred by the drug

war by violence and corruption

the gutierrez family is taking care of

aldo in this house built with donations

we have suffered a lot as a family

because we have to struggle with

everything

ultimately we wish for nothing more than

to see this

lively guy again who we've lost

the family still clings to the hope that

aldo will get well again

even if this is medically impossible

he listens closely

sometimes he opens his eyes when you

talk to him and then he

all day and all night we take care of

him

and yes he

he still moves

[Music]

the hopes of a mother the hopes of a

family

for us to see the change that he's

undergone

i'll be with you no matter what happens

[Music]

meanwhile the trial in stuttgart was

continuing

evidence was presented and the court

called dozens of witnesses

then on the twentieth day something

completely unexpected happened

lawyer holger woodbawa looks back

i was present everyone was completely

shocked when the presiding judge said

thousands of emails were missing how

could that happen

i mean this was a police operation how

is that possible

it's beyond belief and suddenly the

number was clear

15 thousand emails had slipped through

that created a bit of a shock up there

on the bench

they realized they suddenly had a lot of

documents here that hadn't been included

in the proceedings at all

an investigation was launched into the

missing emails

where were they then the name of an

auditing company came up

kpmg then it turned out the customs

criminal investigation office

leading the investigation had received

the emails the documents

from kpmg but they had already been

filtered and sorted

called in kpmg shortly after police

searched its headquarters

part of their task was to evaluate the

staff's electronic communications

marcos b was the company sales

representative in mexico

in fact had asked kpmg to carry out an

internal voluntary investigation

kpmg is one of the world's four largest

auditing companies

the internal investigation was supposed

to support the customs criminal

investigation office

baden-wurttemberg state criminal police

office and the public prosecutor's

office

now quite simply they volunteered to

commission an independent

office to conduct interviews

is always to do things on a voluntary

basis

they call it cooperation with the public

prosecutor's office

and i was simply not prepared to take

part in the interviews

because the questions were leading us

down a slippery slope

they weren't what they claimed to be

other employees decided to cooperate and

joined company lawyers in a hotel at the

zurich airport for a crisis meeting

shortly afterwards two of them were

fired along with mexico representative

macos b

all three of them were accused of

illegal arms dealing

women sigul maya still represents maques

b

and is critical of the fact that the

state investigators had agreed to

cooperate with the private auditors

on the one hand it is not justifiable

and in my view not acceptable that the

public prosecutor's office

should agree that heckler and koch of

all companies

which is the target of the accusations

should be given the opportunity to

become involved in the investigations

by commissioning an internal expert

report

that it paid kpmg a lot of money to

produce

why did the authorities agree to

cooperate with kpmg in the first place

how close was that cooperation

the kpmg report confirms the cooperation

with the police

customs investigators and the

prosecutor's office

the customs investigators say they

exchanged information with kpmg for

three years

this is the reason i believe that we

also have these so-called

pawns in the dock we do not have the

people actually responsible for the

whole story

for initiating it in the dock those

people are probably more likely to be

found

in departments of the federal ministry

of economics

or the people at the top of heckler and

perhaps

of the federal ministry

the kpmg investigation said there were

significant irregularities in the

stories of the secretary

a marketing employee and the

representative in mexico

and said they were primarily responsible

for the crooked arms deals there

and how did the court deal with the 15

000 missing emails sent during the

period in which those deals were made

when the affair came to light neither

the prosecution

the defendants nor the court itself

objected

there was no further discussion of how

the emails could have disappeared in the

first place

and only then during the ongoing

proceedings did the parties receive the

documents

the presiding judge told them to

consider them outside the hearing

he should have then pursued the matter

so people if thousands of males are

missing here

which is especially important for the

question who knew what when

that's

something is then distributed in the

so-called self-reading procedure

the public does not get to hear the

evidence in court and nobody knows what

the judgment is really based on

that is not how a public criminal trial

especially in such a significant case

should be

what the auditors also overlooked were

the purchase contracts with mexico on

which the deals had been based

heckler and koch and the mexican

ministry of defense exchanged dozens of

purchase contracts

we have these original contracts

they explicitly list the destinations of

the weapons

including the banned mexican states such

as guerrero

unlike the end-use certificate the

company provided the government

the court in stuttgart has refused to

comment on the proceedings of the ruling

in answer to a written request the

stuttgart public prosecutor's office

said the cooperation with kpmg had been

helpful

but it also points out that kpmg's

findings had also been compared with the

information gathered by the office

and critically assessed

kpmg had also been advising the defense

ministry which was looking for a

successor model to the german armed

forces standard assault rifle

heckler and koch was the favorite to win

the tender

we've asked kpmg but the company has

refused to make any comment

christian schliemann from the european

center for constitutional and human

rights is acting on behalf of the family

of aldo gutierrez

we know that these weapons were also

used in aguila that night

and projectiles were also found from

these heckler and [ __ ] weapons

at various other crime scenes where

attacks on the students were carried out

that is we also have evidence to show

they were fired to exert violence in the

students so to speak

files from the mexican prosecutor's

office show dozens of heckler and koch

g36 assault rifles were used in the

attacks

aldo is the person who was shot that

night and projectiles from heckler and

[ __ ] weapons

were also found at his crime scene and

this is exactly where we come full

circle

from the illegal exports from germany to

the use of the weapons

we of course believe that the company

that exported the weapons

bears a responsibility

in september 2018 accompanied by his

lawyers aldo's brother leonel traveled

to stuttgart for the trial

the court had already rejected the

family's request to appear as joint

plaintiff in the criminal proceedings

in the court's opinion the alleged

illegal deliveries did not contribute to

the concrete acts of injury in question

in the courtroom leonel took two photos

of his brother out of his backpack

because as he later said aldo could not

attend the trial himself

the court reacted swiftly

according the way the court officials

reacted i thought i was in real

trouble it had been proven that the

weapons in question had been used

and had seriously injured my brother the

photos clearly

and then i thought they want to accuse

me of coming here

to another country to make some kind of

demands

nine court officers surrounded the guest

from mexico until he gave them the

pictures of his brother aldo

it was all about equipment up there it

was all about files and stuff

no one ever talked about the victims and

i think it's important

in this whole discussion about arms

exports not only in the trial

to make that clear from time to time

this is about death

this is about blood this is about war

and not just about sewing machines and

refrigerators

and that is why this is a very very

special moment for me

only when leone left the courthouse did

he get the pictures of his brother back

you're used to always finding closed

doors when it comes to justice

but the families of ayat sunapa have

taught us to keep on fighting and to

demand justice

even if our presence is unwelcome the

relatives are here and will continue to

fight for aldo

it's a great pity that there's no

interest in further communication to

find out what the real consequences are

it is easier to look away and remain

ignorant of the consequences that arms

sales have for people on other

continents

and just continue with business as usual

it was the end of leona's visit to

[Music]

germany

in february 2019 the court gave its

verdict

the secretary received a 17-month

suspended sentence and had to perform

250 hours of community service

a former marketing employee was

sentenced to 22 months on probation

and had to pay an 80 000 euro fine to

social organizations

heckler and koi was fined 3.7 million

euros

approximately the contract value of the

illegally exported weapons

the other defendants including the two

former ceos

were acquitted

both heckler and koch and peter biola

have refused to give any interviews

but deny any wrongdoing peter parley

used to be president

of the regional court the court

considered his past performance as a

jurist

should be considered a mitigating factor

but what has a judge achieved

that i or a driver or a cleaning lady

hasn't nothing at all

lawyers assessing each other and finding

grounds for mitigation

no way the public prosecutor's office

decided not to appeal against the

acquittal of biola and the other ex-ceo

while appealing the other rulings what

was really striking was the way that the

presiding judge

was assessing the issue from the outset

in the end

he ruled that the original charge didn't

apply because the sale had been approved

to mexico

and the end-use certificates weren't

part of the permit

the company did nothing wrong there

we are convinced said the presiding

judge in his oral verdict

that neither an nu certificate as such

nor the actual

end use can be made a part of the permit

in terms of administrative law

but the former head of bafa the

government's export control office

doesn't agree administrative law

is quite clear they are part of it

but if i may put it cautiously criminal

lawyers who do not deal with these

things so often

may see things differently and that was

probably so

in the stuttgart ruling

two months after the stuttgart ruling a

court in kiel came to a different

conclusion than the court in southern

germany

at the trial of the german arms

manufacturer zigzawa for illegal arms

exports

and youth certificates were judged to be

part of the export licenses

zigzagwa had sold 37 000 pistols to

colombia

although the nu certificate said they

were destined for the usa

ex-managers of zigzawa germany and the

ceo of its u.s affiliate

were given fines and suspended sentences

this case is also under appeal

now germany's supreme court must decide

whether to deal with the two rulings or

not

filming in mexico city in june 2019 we

make a surprising discovery

the soldiers who raise the national flag

in front of the presidential palace

every day

carry weapons from all over the world

including many from hekla and koh

but a cameraman notices that the

soldiers are also carrying weapons from

another german company

zigzawa

zigzag is the country's second largest

manufacturer of small arms

and is based not far from keel in

northern germany

its product range includes pistols

submachine guns and assault rifles

made in germany says the company's

website proudly

was zigzag licensed to export arms to

mexico

we asked the government which said no

so how did zigzag's weapons end up in

mexico

the mexican defense ministry confirmed

that zigzawa usa sells pistols

submachine guns and assault rifles to

mexico with the permission of the u.s

government

the court in kiel has already found the

ceo of zigzawa usa incorporated guilty

of making illegal arms deliveries to

colombia via the u.s

the affiliate is 100 owned by its german

parent company

luca and ottmaya holding

under american law zigzawa usa can sell

weapons manufactured in the us abroad

but can weapons made in germany be

exported to mexico via the u.s affiliate

is this permitted

they were intended to be delivered

elsewhere the german manufacturers would

have to say

in their application that the final

destination is not the recipient country

where their affiliate is based but

somewhere else

nevertheless there are zigzag weapons in

mexico

[Music]

it must have been by a different route

one without a permit at any rate

this internet video of a mexican police

officer shows a zigzag

p229 pistol

the policeman says it's odd that his gun

has two engravings on it

frame made in germany

but how did this gun get into mexico

human rights activist john lindsay

poland investigates arms exports from

the usa to latin america

and has published numerous studies on

the subject

the data that shows that germany

exported firearms and firearm parts

during this period to new hampshire and

that new hampshire

exported firearms and firearms parts to

mexico

zigzawa haven't disclosed how many

weapons they deliver and to wear

but figures from the us department of

commerce show how many weapons have been

delivered from germany to new hampshire

and from new hampshire to mexico since

2000

a document issued by the u.s department

of state makes clear the extent to which

zigzag usa supplies mexico with weapons

on that list was a license for sig sauer

to export up to

266 million dollars worth

of firearms to mexico up to 2024

which is an enormous amount of weaponry

it's it's unprecedented

for mexico and for the united states in

terms of

any exports to mexico the mexican

defense ministry has confirmed

the weapons supplied by zigzawa usa are

distributed almost right across the

country

including those states that the german

government classifies as having a

particularly critical human rights

situation

[Music]

mexico distributed these weapons to

states

where police are in heavy collusion with

organized crime and committing human

rights violations

raises many questions about the legality

not to mention the the morality

of six hours role

in the violence in mexico both through

the united states and from its german

parent

basically zigzawa should not have been

allowed to supply mexico from germany at

all

so it's all the more surprising that

zigzag usa's turnover suddenly went

through the roof

shortly after rival hekland koch was

banned from selling weapons to mexico

because of the investigations back home

the mexican ministry of defense records

are illuminating

john lindsay poland is sure this is what

happened

sig sauer has filled the space left by

heckler and koch when

heckler and kutch ceased its exports to

mexico as a result of the iot napa

scandal

a sig sauer really feels the breach

so is zigzag circumventing germany's

arms export laws with the help of its

u.s affiliate

and procedural terms at least there

would seem to be a certain similarity to

the case relating to illegal exports to

colombia

zigzawa has not responded to our

repeated requests for comment

the former heckler weapons demonstrator

also provided the tip-off for this trial

in the meantime he'd move to competitor

zigzawa

the colombian government has confirmed

the receipt of around 120 000 zigzag

pistols three times more than the number

cited in the keel hearing

this was not approved by the german

government

it has not approved any permits for

small arms exports to colombia since the

year 2000.

so how did the 72 000 weapons that the

keel court knew nothing about end up in

colombia

to find out we decided to go to bogota

the capital of a country blighted by

decades of civil war

and the peace here is deceptive

[Music]

[Applause]

the city has seen months of mass

protests and frequent riots

the army and above all the policy and

nacional

have been accused of serious human

rights violations

we saw policemen carrying zigzag pistols

everywhere

in fact none of the officers we met on

this trip carried anything else

[Music]

we visited the museum of the police

nacional an organization

still feared today for its involvement

in human rights violations

the guard at the entrance was also armed

with a zigzag pistol

a policeman showed us a zigzag sp 2022

in the weapons display

[Music]

so zigzawa is the standard weapon of the

colombian police

that's right we all have them they're

the best

then he asked a colleague for a service

weapon and showed us the engraving on

the sb

2022 frame made in germany

again this weapon should not be in

colombia

we also noticed that serial number is

missing

this is a so-called ghost gun and they

shouldn't exist at all

next stop medellin for many years the

murder capital of the world

an hour's drive outside of medellin we

visited a retreat for the rich and

powerful

the ruins of pablo escobar's house are a

reminder of the cocaine trade that is

still flourishing today

in fact some say it still remains the

backbone of the colombian economy

[Music]

pretending to be german tourists we got

chatting with police officers

we asked one of them to pose for a

selfie then he showed us his gun

it's another zigzag sp 2022 and this

time we could clearly see a serial

number

the german eagle and an official proof

mark from the responsible office in keel

now for example here on the gun you can

see exeter new hampshire

but here there are proof marks from kiel

the federal eagle with the n

on it and

yes so the original stamps indicate that

the thing is from germany

is this pistol even allowed to be in

colombia

if the hardware comes from germany as

your pictures imply

then that is clearly a violation

the serial number of this weapon is not

listed in the keel court papers

does that mean that the true extent of

zigzag's illegal operations is much

greater than previously realized

documents from the u.s department of

commerce prove

zigzagwa usa continued to deliver

weapons to colombia

even though zigzagwa germany and the

managing directors of its u.s affiliate

have been under investigation for

illegal arms exports to the country

since 2014

some 10 000 pistols were still delivered

to colombia even after the april 2019

verdict

if they know it and can prove it then i

think that is a reason to pass it on to

the legal authorities

at mexico new documents from the u.s

state department prove that zigzag usa

not only delivers finished weapons to

mexico

the u.s permit also includes a license

to manufacture various zigzag models in

mexico

including these ones some of which were

originally developed and produced in

germany

is that allowed

the german government has confirmed that

zigzawa germany has been granted a total

of 26 permits for the transfer of

technology to zigzawa usa since 2000

but german law requires a further

license before the technology can be

transferred on to mexico

when a production license is approved

it's approved for one location

in this case the us where the production

actually takes place

and not for export we'd have to approve

any further exports again

the government has confirmed that no

such authorization exists

i hope the people behind such things are

held accountable

that at any rate would be the job of the

relevant authorities

who as i have said will once more have

to consider whether to refer it to law

enforcement authorities

is the zigzag arms manufacturing group

circumventing german export regulations

by relocating its business

to the usa and getting away with it

scot-free

if it is all illegal arms deals will

probably soon be carried out this way

it certainly seems to be working for

zigzag which has now become the largest

exporter of small arms

in the united states

[Music]

you