Civil Court for the District of Halabja Governate Kurdish Region of Iraq
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Civil Court for the District of Halabja Governate Kurdish Region of Iraq Plaintiffs (collectively “Plaintiffs”): Luqman Abdulqadir Mohammed, individually and as personal representative/surviving heir of: Estate of Khorasan Hakim Hassan, Wife, 3 months pregnant Estate of Ashna Abdulqadir, Mohammed, Sister Estate of Awesar Abdulqadir, Mohammed Brother Estate of Hawraman Abdulqadir, Mohammed Brother Estate of Jihan Sadiq Hamasalih, Mother Estate of Wazira Abdulqadir, Mohammed Sister Hamida Hassan Mohammed Soiba Mohammed Saeed Qadir, individually and as personal representative/surviving heir of: Estate of Hardi Ibrahim Aziz, Son Estate of Shawbo Ibrahim Aziz, Daughter Estate of Diyari Ibrahim Aziz, Son Estate of Shewa Ibrahim Aziz, Daughter Mardin Mahmood Fatah, individually and as personal representative/surviving heir of: Estate of Galawezh Karaeem Hassan, Mother Estate of Kurdawan Mahmood Fatah, Brother Arash Abid Akram, individually and as personal representative and surviving heir of: Estate of Abid Akram Osman, Father Estate of Mahboob Ali Mahmud, Brother Estate of Saryas Abid Akram, Brother Estate of Rezan Abid Akram, Sister Estate of Mujda Abid Akram, Sister Estate of Lehon Abid Akram, Brother Estate of Banaz Abid Akram, Sister Estate of Awaz Abid Akram, Sister Estate of Shereen Abid Akram, Sister Estate of Rekan Abid Akram, Brother Hikmat Faeq Arif, individually and as personal representative and surviving heir of: Estate of Faeq Arif Mohammed, Father Estate of Sabriya Ahmed Abdulkarim, Brother 1 Estate of Umed Faeq Arif, Brother Estate of Naznin Faeq Arif, Sister Estate of Omar Faeq Arif, Brother Estate of Narmin Faeq Arif, Sister Estate of Parwin Faeq Arif, Sister Estate of Drakhshan Faeq Arif, Sister Estate of Sharmin Faeq Arif, Sister Estate of Avin Faeq Arif, Sister Narmin Kamal Jalal- Salih, individually and as personal representative and surviving heir of: Estate of Kamal Jalal Salih, Father Estate of Fahima Mohammed Abdallah, Sister Estate of Galawezh Kamal Jalal- Salih, Sister Estate of Nigar Kamal Jalal- Salih, Sister Estate of Razaw Kamal Jalal- Salih, Sister Estate of Mohammed- Shwan Kamal Jalal- Salih, Brother Estate of Badriya Kamal Jalal- Salih, Sister Estate of Shukriya Kamal Jalal- Salih Estate of Nihayat Kamal Jalal- Salih, Half- sister Estate of Jiwan Kamal Jalal- Salih, Half- sister Estate of Zhian Kamal Jalal- Salih, Half- Sister Estate of Falah Kamal Jalal- Salih, Half- brother Estate of Bayan Kamal Jalal- Salih, Half- sister Estate of Vian Kamal Jalal- Salih, Half- sister Saed Qazi Ghaffar, individually and as personal representative and surviving heir of: Estate of Tuba Jaafar Mohammed, Spouse Estate of Kawa Saeed Qazi, Son Estate of Sumaya Saeed Qazi, Daughter Estate of Humaila Saaed Qazi, Daughter Estate of Layla Saaed Qazi, Daughter Estate of Swail Saaed Qazi, Daughter Estate of Iqbal Saaed Qazi, Son Estate of Dilstan Saaed Qazi, Daughter Estate of Kwestan Saaed Qazi, Daughter Estate of Masood Saaed Qazi, Son Salah Mohammed Qadir, individually and as personal representative and surviving heir of: Estate of Mohammed Qadir Mohammed, Father 2 Estate of Tuba Mohammed Abdullah, Brother Estate of Saman Mohammed Qadir, Brother Estate of Nisreen Mohammed Qadir, Sister Estate of Falah Mohammed Qadir, Brother Estate of Sharmin Mohammed Qadir, Sister Estate of Salam Mohammed Qadir, Brother Estate of Shara Mohammed Qadir, Sister Estate of Tara Mohammed Qadir, Sister Estate of Narmin Mohammed Qadir, Sister Estate of Parween Mohammed Qadir, Sister v. Defendants (collectively, the “Defendants” or “Co-Conspirators”): TUI A.G. (formerly known as Preussag A.G.) Saleh Majid Dr. Günther Saßmannshausen Friedel Neuber Friedrich Bohling Nizar al-Kadhi (alias Nazid Khanoor) Tarek al-Ani Water Engineering Trading GmbH (“WET”) Reinhold O. Krauskopf Peter Leifer Otto Holzer Karl Kolb GmbH & Co. (also doing business as Pilot Plant GmbH and Lab Consult GmbH) Klaus-Joachim Fraenzel Helmut Maier Heberger Bau A.G. Berthold Heberger Groupe Protec S.A. Roger Kiss De Dietrich Process Systems S.A. (successor to De Dietrich Glass Lining S.A.) Melspring International B.V. (successor to Melchemie Holland B.V.) Hans Melchers 3 Frans van Anraat Nadhmi Shakir Auchi (alias Nadhmi Shakir Awji) General Mediterranean Holding Kredietbank Luxembourg (successor to Banque Continentale du Luxembourg) CLAIMS FOR WRONGFUL DEATH, EXTRAJUDICAL MASS MURDERS, GRAVE HARMS TO PERSON INCLUDING PHYSICAL, EMOTIONAL, PSYCHOLOGICAL, ECONOMIC AND MORAL INJURIES AND LOSS OF SOLATIUM, CONSORTIUM AND FINANCIAL SUPPORT: FIRST CLAIM: Conspiracy to Commit: a. Genocide; b. War Crimes; c. Crimes against Humanity; SECOND CLAIM: Aiding and Abetting: a. Genocide; b. War Crimes; c. Crimes against Humanity; THIRD CLAIM: Complicity in Genocide, War Crimes and/or Crimes against Humanity. a. Genocide; b. War Crimes; c. Crimes against Humanity; FOURTH CLAIM: Profiting and Retaining Profits from Criminal Activity. a. Genocide; b. War Crimes; c. Crimes against Humanity; d. Mass Extrajudicial Killing; e. Torture; f. Mass Wrongful Death; g. Grave Mass Bodily Injury; h. Intentional Infliction of Emotional/Psychological Harm; i. Intentional, Widespread and Systematic Destruction of Property; j. Ethnic Cleansing; k. Violations of Customary International Law; and/or l. Terrorizing a Civilian Population. 4 TABLE OF CONTENTS. I. NATURE OF THE COMPLAINT AND CONSPIRACY II. DEFENDANTS III. PLAINTIFFS IV. SADDAM HUSEIN REGIME a. Dictatorship Established b. History of Violence Against the Kurds c. Launched a War Against Iran V. FOUNDATION FOR THE CHEMICAL WEAPONS PROGRAM VI. SADDAM REGIME USE OF CHEMICAL WEAPONS AND THE GENOCIDAL INTENT AGAINST THE KURDS VII. THE CONSPIRACY TO COMMIT GENOCIDE, WAR CRIMES AND CRIMES AGAINST HUMANITY a. Co-conspirator Saddam Regime-SOTI, SEPP b. Co-conspirator TUI A.G. c. Co-conspirator Heberger Bau A.G. d. Co-conspirator Karl Kolb GmbH e. Co-conspirators Nadhmi Auchi, General Mediterranean Holding and Banque Continentale du Luxembourg f. The Common Plan VIII. CO-CONSPIRATOR TUI A.G.’S SUBSTANTIAL PARTICIPATION IN THE CONSPIRACY IX. CO-CONSPIRATOR HEBERGER BAU A.G.’S SUBSTANTIAL PARTICIPATION IN THE CONSPIRACY X. CO-CONSPIRATOR KARL KOLB AND ITS AFFILIATES PILOT PLANT AND LAB CONSULT’S SUBSTANTIAL PARTICIPATION IN THE CONSPIRACY XI. NEW GERMAN EXPORT REGULATIONS INTERRUPT THE FLOW OF CHEMICAL WEAPONS TO THE SADDAM REGIME 5 XII. UNLAWFUL ACTS TO CONTINUE THE CONSPIRACY BY CIRCUMVENTING GERMAN EXPORT LAWS. a. TUI Forms WET to Conceal and Continue the Conspiracy b. TUI/WET Recruits Reininghaus Chemie to Conceal and Continue the Conspiracy c. TUI/WET’s Fraudulent Use of Pardey Celle as Part of the Conspiracy d. Co-conspirator Protec Joins the Conspiracy Initially through Karl Kolb and TUI/WET and then Directly with the Saddam Regime/SOTI/SEPP e. De Dietrich Joins the Conspiracy XIII. THE DUTCH CO-CONSPIRATORS JOIN THE CONSPIRACY. a. Frans van Anraat Provides the Precursors for the Mustard Gas Used in the Bombardment of Halabja b. Melchemie Illegally Provides Chemical Weapon Precursors in its Participation in the Conspiracy XIV. FUNDING THE CONSPIRACY. XV. CRIMINAL PROSECUTIONS AND CONVICTIONS. a. WET and its Shareholders and Employees. b. TUI and its Managers. c. Karl Kolb and its Shareholders and Employees. d. Frans van Anraat. XVI. CLAIMS FOR THE WRONGFUL DEATH, EXTRAJUDICIAL MASS MURDERS, GRAVE HARMS TO PERSONS, INCLUDING PHYSICAL, EMOTIONAL, PSYCHOLOGICAL, ECONOMIC AND MORAL INJURIES AND LOSS OF SOLATIUM, CONSORTIUM AND FINANCIAL SUPPORT. FIRST CLAIM: CONSPIRACY TO COMMIT GENOCDE, WAR CRIMES AND/OR CRIMES AGAINST HUMANITY. a. Agreement for Joint Action. b. The Intention to Accomplish an Unlawful Goal with the Purpose of Harms the Plaintiffs c. Harm to Plaintiffs SECOND CLAIM: AIDING AND ABETTING GENOCDE, WAR CRIMES AND/OR CRIMES AGAINST HUMANITY. a. Defendants Knew the Saddam Regime was Committing Genocide, War Crimes and/or Crimes against Humanity. b. Defendants Provided Substantial Assistance to the Saddam Regime. 6 c. Defendants’ Conduct was a Substantial Factor in Causing the Harm. d. Alternatively, the Saddam Regime Would Not Have Been Able to Perpetrate the Genocide, War Crimes and/or Crimes Against Humanity without the Assistance Provided by Defendants. THIRD CLAIM: COMPLICITY IN GENOCDE, WAR CRIMES AND CRIMES AGAINST HUMANITY a. Defendants Participated in the Crimes Committed Against the Plaintiffs. b. Defendants aided the Saddam Regime in Planning and/or perpetrating Genocide, War Crimes and/or Crimes against Humanity. c. Defendants Intended the Saddam Regime Would Use the Chemical Weapons to Perpetrate Genocide, War Crimes and/or Crimes Against Humanity. FOURTH CLAIM: DEFENDANTS ILLEGALLY PROFITED FROM THEIR CONSPIRACY AND COMPLICITY IN, AND AIDING AND ABETTING OF GENOCIDE, WAR CRIMES, CRIMES AGAINST HUMANITY AND OTHER ILLEGAL ACTS. a. Genocide; b. War Crimes; c. Crimes against Humanity; d. Mass Extrajudicial Killing; e. Torture; f. Mass Wrongful Death; g. Grave Mass Bodily Injury; h. Intentional Infliction of Emotional/Psychological Harm; i. Intentional, Widespread and Systematic Destruction of Property; j. Ethnic Cleansing; k. Violations of Customary International Law; and/or l. Terrorizing a Civilian Population. I. NATURE OF THE COMPLAINT AND THE CONSPIRACY. 1. On 3 June 1987, Ali Hassan Abd al-Majid al-Takriti issued directive 28/3650, ordering “the armed forces must kill any human being or animal present within these [Kurdish] areas.” On 16 March 1988, Saddam Hussein and Ali Hassan Abd al-Majid al-Takriti ordered the bombing of the town