exclusive
In 2018, an aid worker was kidnapped and tortured during a humanitarian mission in Syria. Now he is suing his aid organization – a unique case, research shows Report Mainz.
The two scars on his arms are slowly fading. But not his memories, which Martin Lautwein still carries with him. “I was sure I wouldn’t survive.” There are memories of “hell,” as he calls it today, even five years later. Lautwein was a prisoner of the Syrian regime for 48 days, was a victim of torture and witnessed brutal human rights violations.
Summer 2018, Lautwein just turned 27 years old. It is the time when the Syrian civil war is raging. Lautwein wants to become active as a humanitarian helper. As a technician, the trained scaffolder travels for the Berlin aid organization Cadus, first to Iraq and then on to northeastern Syria. It is Lautwein’s second assignment for the organization, which is also supported by the WHO. Cadus wants to set up a clinic to treat the wounded. But when they arrived in Syria, the situation on the ground changed unexpectedly.
That’s why the team in Al Qamshli in the northeast of the country had to wait days for instructions, says Lautwein: playing chess and joint activities with local partners instead of humanitarian aid in the civil war. For Lautwein, however, this is a deceptive calm that suddenly ends on June 22nd. In the city center near a bazaar, he and a colleague are checked and taken away by a group of men because their papers are illegal.
“Death is in the Air”
Lautwein and his colleague are deported to Damascus, to the Syrian secret service’s Far’ Falastine prison. It is a prison that is particularly notorious: for forced interrogations, for sexual violence, for torture. Lautwein also has to experience all of this. “I heard screams and sounds of torture all day, smelled the wounds and the blood,” he says. “It’s a cruel place, death is just in the air.”
Lautwein is also a victim of torture, he says – to this day he can hardly talk about exactly how. Report Mainz There is an investigation report from the Foreign Office and a psychological report. They give an idea of what Lautwein must have gone through in prison. 48 days until European authorities obtain his release.
Back in Germany, nothing is the same for the young man as it used to be. He feels uncomfortable in larger groups. At night he can no longer sleep from nightmares and starts wetting the bed. “There isn’t a day or night that the time in prison doesn’t weigh on me.”
lawsuit against Aid organization submitted
The Berlin regional court will soon be dealing with the case. It must clarify whether the aid organization Cadus, for which Lautwein worked, violated duties of care that could have prevented a kidnapping. Because Lautwein has sued Cadus. He is demanding compensation and damages.
He and his lawyers want to argue in court that the organization only organized a one-day preparatory workshop before the operation, but not a multi-day security training course in which behavior in the event of kidnappings was also trained. Such training is common in the industry. In addition, Cadus has not developed a current security concept for operations in Syria. The organization contacted a consulting firm for a security concept, but, according to emails, saw “no urgent rush” and ultimately did not commission it. The emails are there Report Mainz before.
criticism of security concept from NGOs
Lautwein and his lawyers see a further omission in the fact that the team was accommodated in Al Qamishli. The city was comparatively unsafe back then. Only there were Syrian government troops present in the region alongside Kurdish forces. In addition, Cadus acted carelessly on site, for example by labeling the Wi-Fi with the name of the organization in a publicly visible manner and thereby announcing the location of the house.
Lautwein and the team also did not receive sufficient behavioral and safety instructions. The entire team repeatedly left the accommodation and moved around the city, although Cadus only obtained papers from the Kurdish authorities but no visa from the Syrian government, Lautwein’s argument in court.
“If Cadus had not sent Lautwein and his colleague to Al Qamishli and had fulfilled his duty of care, they would not have been captured there and then tortured,” say Anna Gilsbach and Raphaël Callsen, Lautwein’s lawyers. Even after Lautwein’s release, Cadus failed to offer him psychological support and medical services.
Aid organization rejects allegations
In an interview with Report Mainz Cadus rejects the allegations. Al Qamishli as a place to stay was one of the safest cities in the entire region. Not only Cadus, but also all other aid organizations in north-eastern Syria only operated with Iraqi visas and without visas from the Syrian government. Lautwein also went into the operation anything but unprepared and was informed in detail about safety aspects and risks in writing and in the workshop; there is no “industry-standard safety training”.
In addition, Lautwein was aware of the risks of his unauthorized actions, such as leaving the apartment regularly. The accusation that there was no security concept is also not true. They have been working with a provider for security issues – since when, Cadus left it open. Finally, Lautwein was offered support even after his release; Cadus employees were present, for example, at doctor’s consultations.
In addition, Cadus said it takes its duty of care very seriously. “Cadus has not and will not send emergency forces into the field unprepared. Preparatory measures include both briefings and day seminars with specialists,” says the organization. In addition to preparing for the mission, all participants in foreign missions, including in this case, would be communicated clear, safety-relevant rules for behavior during the mission.
dispute over Legal aid
For Lautwein and his lawyers, the path to the trial is already anything but easy. Initially, it took more than half a year to clarify which court had jurisdiction over the case.
The Berlin Regional Court also recently rejected an application for legal aid. According to the judges, the intended prosecution does not offer a sufficient chance of success, for example because the torture was mainly attributable to the Syrian government troops.
For Lautwein’s lawyers, this decision is a premature prediction. “To our knowledge, there has never been a case like this in Germany,” said Callsen and Gilsbach. “Many of the questions have never been clarified by a court in Germany, for example which obligations arise from a contract model that Cadus and Lautwein have concluded.”
Lautwein wants the trial to take place at all costs and is collecting donations to finance it. “I feel let down,” said Lautwein. He and his colleague, who was also kidnapped, were part of a team, part of Cadus. “And now we’re supposed to take the damage and responsibility alone? That’s not fair.” The trial begins on October 10th.