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Trial starts over collapse of Cologne city archive that killed two

Almost ten years after two people died when Cologne's city archive suddenly collapsed, five people went on trial Wednesday on charges of negligent homicide.

Trial starts over collapse of Cologne city archive that killed two
The site of the collapse in March 2009. Photo: DPA

Prosecutors claim that the collapse of the Cologne city archive in 2009 was caused by mistakes in construction of a new U-Bahn line, an accident which they argue was caused by human negligence.

The archive was built in 1971 using groundbreaking techniques to assure that historical documents could be preserved in a cool environment. Upon completion it became the store for archival material, some of which dated back to the Middle Ages.

But it collapsed suddenly on March 3rd 2009, pulling down two adjacent buildings with it. While construction workers were able to alert archivists and visitors to the building, two young men who were sleeping in the adjacent buildings were buried in the rubble and died.

Most of the archival material could eventually be recovered and repaired.

Prosecutors charge that the collapse was caused by a building error during construction of an U-Bahn station under the archive, which occurred in 2005.

Lead prosecutor Torsten Elschenbroich described on Wednesday how the builders came across an enormous boulder when they were trying to hollow out the space for the station. The boulder lay in an area of the site where a concrete wall was to be built. Repeated attempts to break it apart failed, so under immense time pressure, the foreman decided to build around it.

According to Elschenbroich, the foreman neither reported the boulder to his seniors nor recorded it in the construction log book.

The decision proved to be fatal though, according to prosecutors. Pressure built up at the spot where the boulder was until, four years later, the structure couldn't take the weight anymore, and water gravel and earth broke through and started flooding into the construction site.

Alongside the foreman in court on Wednesday were four more defendants, some employees of the construction company, others city officials. 

Prosecutors charge that they failed to spot the mistakes which led to the collapse. Elschenbroich said there had been “countless failures” in the oversight of the project.

The building company has denied that it could have foreseen the collapse though. It argues that it came about due to a “hydraulic heave”, a natural occurrence which no one could have been prepared for.

Given that it has taken almost nine years for the case to come to trial, there is considerable time pressure on the prosecution to put their case across and convince the judges. Charges of negligent homicide carry a 10-year statute of limitations, meaning that if no judgement is released by March next year, the case will have to be dropped.

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Danish terror trial begins against Iranian separatists

Three leaders of an Iranian Arab separatist group pleaded not guilty to financing and promoting terrorism in Iran with Saudi Arabia's backing, as their trial opened in Denmark on Thursday.

Danish terror trial begins against Iranian separatists
File photo: Mads Claus Rasmussen/Ritzau Scanpix

The three risk 12 years in prison if found guilty.

Aged 39 to 50, the trio are members of the separatist organisation ASMLA (Arab Struggle Movement for the Liberation of Ahvaz), which is based in Denmark and the Netherlands and which Iran considers a terrorist group.

The three, one of whom is a Danish citizen, have been held in custody in Denmark since February 2020.

Gert Dyrn, lawyer for the eldest of the three, told AFP that in his client’s opinion “what they are charged with is legitimate resistance towards an oppressive regime.”

“They are not denying receiving money from multiple sources, including Saudi Arabia, to help the movement and help them accomplish their political aim,” Dyrn said. 

His client has lived as a refugee in Denmark since 2006. 

According to the charge sheet seen by AFP, the three received around 30 million kroner (four million euros, $4.9 million) for ASMLA and its armed branch, through bank accounts in Austria and the United Arab Emirates.

The trio is also accused of spying on people and organisations in Denmark between 2012 and 2020 for Saudi intelligence.

Finally, they are also accused of promoting terrorism and “encouraging the activities of the terrorist movement Jaish Al-Adl, which has activities in Iran, by supporting them with advice, promotion, and coordinating attacks.”

The case dates back to 2018 when one of the three was the target of a foiled attack on Danish soil believed to be sponsored by the Iranian regime in retaliation for the killing of 24 people in Ahvaz, southwestern Iran, in September 2018.

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Tehran formally denied the attack plan in Denmark, but a Danish court last year jailed a Norwegian-Iranian for seven years for his role in the plot. 

That attack put Danish authorities on the trail of the trio’s ASMLA activities.

Sunni Saudi Arabia is the main rival in the Middle East of Shia Iran, and Tehran regularly accuses it, along with Israel and the United States, of supporting separatist groups.

Lawyer Gert Dyrn said this was “the first case in Denmark within terror law where you have to consider who is a terrorist and who is a freedom fighter.”

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