Lethal Exports: Arms Industry Leaders in the Dock
Summary
TLDRThe 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
📚 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.
💔 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.
⚖️ 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.
🚨 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.
💸 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.
🕵️♂️ 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.
⚠️ 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.
🔍 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.
💼 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.
🔫 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.
🌎 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.
🔍 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.
Mindmap
Keywords
💡Ayotzinapa
💡Guerrero
💡Heckler and Koch
💡G36 Assault Rifle
💡End-use Certificate
💡Human Rights Violations
💡Jurgen Grässlin
💡Export Control Office (BAFA)
💡Political Donations
💡Sig Sauer
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
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