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APPENDIX: CLUSTER BOMB INCIDENTS

This Appendix provides details about cluster bomb sites visited by Human Rights Watch and casualties that it learned about during its mission. It does not intend to serve as a complete list of cluster bomb incidents and casualties in Afghanistan.

Central Region (Shomali Plain)
1. Denar Khail village, Karabagh district
The United States bombed Denar Khail when it was part of the frontlines. By March 2002, HALO Trust had cleared one-fifth of a 50,000 square meter area and found fourteen unexploded bomblets (BLU-97s). It estimated that four to five cluster bombs (CBUs) fell on the village.305 By the end of August, it had completed clearance and updated its statistics. It estimated that seventeen cluster bombs fell in and around the village. It destroyed 215 surface bomblets and sixty-six subsurface ones.306

About four hundred Taliban and al-Qaeda forces had occupied the village at the time of the attack, according to one of the few villagers who had not fled. The soldiers moved forward at night and back during the day, he said.307 By March, about ten of the village's 1,100 families had returned home.

As of August, no civilian casualties had been reported in Denar Khail, either during or after the attack, but unexploded bomblets had endangered villagers and slowed the town's economic recovery. A HALO Trust supervisor said that on the first day of clearance, deminers found children playing among the bomblets.308 Karlwan, 25, described how the BLUs had interfered with his farming. "I'm faced with a huge problem. The BLU team should clear. Only when they clear, can I plant grape vines and rebuild my house," Karlwan said.309

According to demining personnel, other villages in the Karabagh district, including Alar, Bazari, Karabagh Center, Nanigikhail, Qalai Kohna, Qalai Panjshanbe, and Qalai Sufi, were also hit by cluster bombs. By August 31, HALO Trust had cleared a total of 1,303 bomblets in the district, 998 surface and 305 subsurface. Seven sites, not under HALO Trust's jurisdiction, remained to be cleared.310

2. Langi Khil village
Ali Ahmad, a farmer, was killed in Kalai Mohib's house during a cluster bomb strike.311

3. Sabz Sang village, Estalef district
The United States dropped cluster bombs on the Sabz Sang village, which was also part of the frontlines. In March, a HALO Trust team leader estimated about nine cluster bombs fell on this stretch of the frontlines and about a dozen Taliban soldiers were killed. His demining team had cleared 20,000 of 70,000 square meters. Bomblets littered vineyards on either side of the main road; one small field had ten unexploded BLUs. Twenty-five families had returned to the village, which once had 560 families.312 By the end of August, HALO Trust had completed clearance in the village. It destroyed 208 bomblets, including 160 surface and forty-eight subsurface. No civilian casualties had been reported.313
As of March, HALO Trust said it had found 550 unexploded BLUs across a 150,000 square meter area in the Estalef district. It had 193,000 square meters to clear.314

Northern Region (area around Kunduz and Mazar-i-Sharif)
4. Ainger village, near Khanabad
At noon on November 17, the first day of Ramadan, four cluster bombs fell on this village and its environs. Three fell in the residential area. The fourth dispersed bomblets across a nearby field and canal that runs parallel to the main road. Although a woman villager said there were no soldiers in the village,315 a HALO Trust official said the strike might have targeted Taliban fleeing from Takhar to Khanabad.316 The cluster bombs killed at least five civilians and injured many others.

One home suffered several casualties. Azi Mala, 10, was injured during the attack and died later in the hospital. Shapery, 10, died instantly. Her brother Ezmerai, 7, survived but has had three operations for his injuries. A piece of a bomblet lodged in their father's head knocking him unconscious. At least two other boys, aged 7 and 5, were injured during the attack.317

At a second house, the owner Gullagha, 45, was killed while working. His nephews Najubullah, 22, and Asadallah, 16, were injured in the shoulder and ear respectively. Both showed Human Rights Watch their injuries. Their sister Shabibi, about 16, was also hurt. One building was destroyed.318

In a third house, bomblets killed Aji Agha Pather, 60, and his son Sami, 10. Marhama, 25, the victims' wife and mother, said she was in the kitchen cooking bread when she heard an airplane. The explosion knocked her unconscious. Her father took her to the hospital where she was treated for a broken leg and injured hand. She remained disabled in March, struggling to take care of her five remaining children.319

Bomblets left holes in some roofs and shrapnel marks in many walls. Fragments from one bomblet even penetrated a home, leaving holes in a bedspread.

In a different strike the same week, the adjacent village of Charikari was hit with unitary bombs that caused several casualties and destroyed a local mosque.

5. Takhar province
A bomblet killed a child in a village in Takhar. The death inspired an elderly woman to clear other bomblets herself. "She decided she was an old lady. If anyone should get it, it should be her," said Gerhard Zenk, HALO Trust's liaison officer. The woman gathered eighteen bomblets and put them in a fire.320 Fortunately, she survived the incident.

Southern Region (area around Kandahar)
6. Ashoga Valley, near Khroti village
The United States dropped both cluster and unitary bombs on this rocky plain near the Arghandab River. Human Rights Watch found two BLU parachutes and one canister in a pool of water at the bottom of a crater. There was also a smaller crater that probably marked the spot where a CBU casing landed. By March, deminers had cleared the site, leaving markings that stretched up into the hills. The area was uninhabited except for a small group of temporary shelters beyond the edge of the strike. A shepherd said the Taliban had concealed tanks and ammunition here.321 There were no reported casualties from this attack.

7. Mandisar village
As of March 24, deminers had found seventy-six unexploded cluster bomblets in this village on the Tarnak River south of Kandahar. The bomblets were spread across a walled garden and neighboring grape field, and several had penetrated the surface. Officials from the Demining Agency for Afghanistan (DAFA) expected to finish clearance in three more days. A crater indicated that unitary bombs were dropped as well. According to the vineyard owner, the villagers had fled before the attack. By late March, about 115 people had returned, and farmers had started to use the land. One farmer was wounded when he picked up a bomblet with a spade.322

8 and 9. Two sites near Mandisar
Cluster bombs fell on two additional sites near Mandisar, an open grazing area and a pomegranate orchard. In the latter, Human Rights Watch found about eighty unexploded bomblets in a three-hundred-foot (ninety-one meter) radius. The trees probably increased the dud rate because branches snagged the parachutes and slowed the bomblets' descent. Human Rights Watch found a few BLU parachutes still hanging in the trees in March. The attack also damaged a nearby building used to dry grapes.

10. Sarband village
In a nighttime attack around December 1, the United States dropped cluster bombs on this one-street village along the Taliban's route of retreat to Kandahar. The village, northwest of Kandahar, is located on the north bank of a riverbed, and the bomblets fell on mudflats next to the river. The Taliban camped in the village one night and then moved out. Human Rights Watch found a ring of burnt ground where their vehicles had been destroyed; two burnt trucks were located nearby. Villagers said the Taliban usually stayed in orchards but had an office in town that was destroyed.323 Deminers had cleared the land by March, but locals had dropped some BLUs into the water.324 A migrant laborer from the north died as a result of the attack.325

Western Region (area around Herat)
11. Firqa #17 Military Base
By late March, the Organization for Mine Awareness and Afghan Rehabilitation (OMAR) had cleared about fifty surface bomblets from this military base located at the eastern edge of Herat.326

Although no civilians died at the Firqa during the attack, unexploded bomblets on the base have caused multiple casualties. Two young children from nearby Nawabad were killed collecting wood at the Firqa; the father of one was an army officer. In a separate incident, a third boy was killed and a cook who went to help him lost both legs.327 OMAR listed the victims as Nazir Ahmad, son of Noor Ahmad; Jalil Ahmad, son of Ghulam Farooq; and Khalil Ahmad, son of Ghulam Farooq. It said they died December 24.328

Civilians from another nearby village, Bag Nazer Gah, were also hurt at the Firqa. Around March 19, Sharif, 13, and his brother, Arif, 14, encountered BLUs during an excursion to the base. Arif lost his leg in an explosion.329 OMAR's records said that cluster bomblets killed one person and injured three others from this village.330

OMAR also said that Wahidullah, son of Fazel Rahim, and Khalil Ahmad, son of Anwar Khalil, were injured while collecting scrap metal and tending animals at the Firqa.331

12. Fourth Armored Brigade Headquarters, Suleiman village, Engeel district
This base, about six miles (ten kilometers) to the northwest of Herat, was heavily cluster bombed. OMAR started clearing the area of 294,000 square meters on March 20 and hoped to be finished by April 24. In the first four days, they destroyed sixty-two BLUs. The unexploded bomblets not only covered the base, but also stretched two-and-a-half miles (four kilometers) into the hills where the Taliban had stored tanks and ammunition.332 OMAR reported that two people, Ghulam and Mohammed Salim, were injured by bomblets on the base while collecting wood or tending animals.333

13. Ishaq Suleiman village
Five cluster bombs fell on this village over the course of a week. A village of 12,000 people northwest of Herat, Ishaq Suleiman was used as a hiding place by Taliban troops from the nearby Fourth Armored Brigade Headquarters. While villagers presumed the Taliban attracted the attacks, U.S. Air Force documents indicate that the strikes were intended for the base itself and landed on the village by accident. Human Rights Watch found evidence of twelve civilian deaths, eight during the attack and four from duds. OMAR's tally lists twelve deaths, including four not on the Human Rights Watch list, and sixteen injuries.334

On October 31, the United States dropped two cluster bombs on homes at the northeastern edge of the village, the end closest to the Fourth Armored Brigade Headquarters. The first, which fell around noon, killed house owner, Jaumagul, 55. It also injured his neighbor Azima, 35.335 The second fell about an hour later on the home next to Jaumagul's and killed a father and son, Noor Ahmad, 55, and Nazir Ahmad, 19. Nadira, 40, wife and mother to the victims, said they were trying to escape when the house was hit.336 The bomb also destroyed her house and killed many cattle. Villagers said that the attack was probably directed at Taliban troops who had occupied a green building across the street for two days. The building escaped unscathed.337

A third bomb fell two days after the first strike at about 2:00 p.m. It landed in a field just southeast of the center of town. Khalifa Hussain, 80, and 20-year-old shepherd Bismullah died during the bombing. Twelve-year-old Maroof died the day after the attack when he crossed the field and set off an unexploded BLU. 338

A fourth bomb struck the center of town three days later at 5:00 p.m. It killed Hajim Mohammed, 55, in front of his shop, Karim, 55, on the road, and Gul Aagha, 21, in front of a different shop. It injured twelve others and severely damaged Ghulam Nabi's home.339 The bomb also left a small crater in a neighboring vacant lot, probably from the casing. Ghulam Nabi said that a Taliban four-by-four vehicle had stopped in front of the local butcher shop and just started to drive away as the U.S. plane approached. He hypothesized that the pilot had seen this vehicle and was targeting it, but it seems unlikely a pilot would respond so quickly to a single vehicle.340

The fifth CBU landed at the same time in a field outside of town to the west. No one died when the bomb dropped, but duds caused multiple post-strike casualties. At about 9:00 a.m. four days after the attack, unexploded bomblets killed two shepherds, Abdul Raziq, 43, and Ghouse-u-din, 37, who had brought their animals to the field for grazing. "Before the explosion, people went there every day to graze, walk, use the fields. After that they avoided the area," said a cousin of the second victim.341 One month later, two people from the Mazlach refugee camp set off a bomblet while crossing the field. The 61-year-old father died and his 8-year-old son was injured.342

Taliban soldiers were present in Ishaq Suleiman during the strikes. The village is about a mile (1.6 kilometers) away from the Fourth Armored Brigade Headquarters, which had been heavily bombed with cluster munitions. The Taliban escaped from the base by hiding in the village, spending every night there. They parked ten to twelve vehicles on each street and tried to hide them under carpets.343 The fifth strike fell near a low circular wall, the ruins of a shrine, where the Taliban had camped out many nights in a row.344 A witness said he could not confirm if they were there the night of the attack, but said they usually brought their tanks and four-by-fours to the area.345 The villagers did not flee, but they recognized the danger of their position. "Time and again we complained and asked them to leave the area. The Taliban said, `You are cooperating with the United States. You are against us,' and would not leave," one witness said. "[We told them] `the American people have no hostility with us, only with you,'" another man said. "But they did not leave our area."346 After the first two strikes, the villagers organized a protest. About two hundred people, young and old, including about one hundred women, marched to force the Taliban to leave. The soldiers eventually fled, but not before three more cluster bombs had fallen on the village.347

While witness testimony and the regular pattern of the strikes suggested that the United States intentionally targeted the Taliban troops, U.S. military documents indicate that the strikes were in fact accidental. After returning from Afghanistan, Human Rights Watch reviewed Air Force mission reports and intelligence documents and plotted every cluster bomb drop reported by the Air Force. None appeared intended for Ishaq Suleiman.348 The fact that the attacks occurred during the day and that the Taliban occupied the village at night supports the conclusion that troops were not the target. If this was the case, the bombs were probably intended for the nearby Fourth Armored Brigade Headquarters. Air Force sources indicated that the choice to use less accurate CBU-87s (instead of CBU-103s with wind corrected munition dispensers (WCMD)) and to fly towards, rather than away, from Ishaq Suleiman caused them to fall on the inhabited village instead.349

14. Jebrael
Around October 28, a cluster bomb fell on a field next to a canal at the north edge of Jebrael, a village of about two thousand families west of Herat. The bomblets covered an area of two hundred by three hundred yards (180 meters by 290 meters). The Taliban had parked their vehicles both under trees at the edge of the field and on a nearby street. They had hid themselves in homes, leading villagers to protest. The Taliban eventually departed but without their vehicles, which they retrieved later. When asked if the soldiers were Taliban or al-Qaeda, one witness said, "We had a great fear of the Taliban and couldn't get closer to them to know if they were foreign fighters."350

Unexploded BLUs from the attack caused two civilian casualties. Around December 21 at 9:00 a.m., Arbabrahim, 52, was killed while plowing the field with his oxen. In late February or early March, nine-year-old Amin was killed while collecting firewood from the trees.351

15. Mohaleh Babaghi
A cluster bomb fell on this neighborhood of Jebrael in a separate attack. In March, an unexploded bomblet injured one person here. It was one of several casualties that occurred during the New Year holiday when people were out picnicking and celebrating.352

16. Qala Shater
On October 22, a cluster bomb fell on this neighborhood at the northeast edge of Herat. It was presumably intended for Firqa #17, a military base eight-tenths of a mile (1.3 kilometers) away. Between eleven and thirteen people died as a result of the attack. Fourteen others were injured. 353 The United Nations reported that twenty of Qala Shater's forty-five homes were damaged.354

On the day of the bombing, the Taliban arrived in two vehicles to pray at a local mosque. Five soldiers entered to pray and one stayed with the vehicles. This mosque had its glass shattered by the attack; another one was completely destroyed. The majority of the inhabitants had left the village, but a couple members of each family were still in the area during the bombing. About eight hundred families, averaging six members each, lived in the town. One survivor said that if everyone had been there at the time, two or three thousand civilians would have been killed.355

After the strike, unexploded bomblets littered the area, putting its inhabitants, especially children, at risk. A witness described how children threw a bomblet at the feet of two other children passing by; fortunately no one was hurt.356 To avoid future incidents, villagers cleared the area by dumping BLUs in the canal or burning them. Professional deminers finished land clearance later, but as of March they had not had the opportunity to clear out the canal.357 Human Rights Watch saw children swimming in the canal despite the danger.

17. Qol-e Urdu Military Headquarters
The United States heavily cluster bombed this base just north of Herat, which was one of the Taliban's four regional headquarters around the country. In a list of strikes submitted to the United Nations, the United States estimated there would be 1,722 unexploded bomblets at the Qol-e Urdu;358 demining consultant Sean Moorhouse said he believed there were many more.359 According to OMAR, Mohammed Ali and Haleem Wahidi died at the Qol-e Urdu on January 30.360 OMAR reported that duds injured four additional civilians who were collecting scrap metal and tending animals, but it did not have names of these victims.361

18. Shidai, near Olia village, Engeel district
The United States dropped multiple cluster bombs in this isolated area of hills and valleys located nine miles (14.5 kilometers) east of Herat. At the end of March, OMAR had surface cleared fifteen percent of the 102,800 square meter site.362 By the end of June, OMAR had cleared 189 BLUs and completed its task.363 According to the OMAR team leader, the Taliban and al-Qaeda hid here, especially at night, around the time of the attack. Unexploded bomblets killed one shepherd and eight sheep.364

19. Takh-te-Sefar
On March 24, an unexploded cluster bomblet seriously injured a group of boys on their way to a picnic in a park north of Herat. Fifteen-year-old Ramin died immediately. Four others suffered injuries. Soraj, 12, lost both legs; Ismaeel, 16, sustained a chest wound; Farhad, 18, injured his foot; and Waheed, 5, suffered a chest wound and minor head injuries. U.N. officials said U.S. Special Forces, based nearby, had surface cleared the field but failed to do subsurface clearance or leave warnings that the clearance was incomplete. Ghulam Syed Siddiqi, 28, a relative, said one of the boys had picked up a cluster bomblet.365

305 Human Rights Watch interview with HALO Trust team leader, Denar Khail, Afghanistan, March 14, 2002.

306 Regional Mine Action Center (RMAC) Kabul, "BLU Strick (sic) Sites Report as at 31 Aug 02" [hereinafter RMAC Kabul, "BLU Strike Sites"]. This document represents the information HALO Trust provided to the RMAC.

307 Human Rights Watch interview with Karlwan, Denar Khail, Afghanistan, March 14, 2002.

308 Human Rights Watch interview with Habeeb, Explosive Ordnance Disposal (EOD) Supervisor, HALO Trust, Shomali Plain, Afghanistan, March 14, 2002.

309 Human Rights Watch interview with Karlwan.

310 RMAC Kabul, "BLU Strike Sites."

311 Human Rights Watch interview with Afghan man, Denar Khail, Afghanistan, March 14, 2002.

312 Human Rights Watch interview with HALO Trust team leader, Sabz Sang, Afghanistan, March 14, 2002; Human Rights Watch interview with Habeeb.

313 RMAC Kabul, "BLU Strike Sites."

314 Human Rights Watch interview with Habeeb.

315 Human Rights Watch interview with Marhama, Ainger, Afghanistan, March 17, 2002.

316 Human Rights Watch interview with Gerhard Zenk, Liaison Officer, HALO Trust, Pul-i Kumri, Afghanistan, March 17, 2002.

317 Human Rights Watch interview with Mohebullah, Ainger, Afghanistan, March 17, 2002.

318 Human Rights Watch interview with Najubullah, Ainger, Afghanistan, March 17, 2002.

319 Human Rights Watch interview with Marhama.

320 Human Rights Watch interview with Gerhard Zenk, Pul-i Kumri.

321 Human Rights Watch interview with Grah, Ashoga, Afghanistan, March 25, 2002.

322 Human Rights Watch interview with Haji Faizul Haq, Team Leader #4, DAFA, Mandisar, Afghanistan, March 24, 2002; Human Rights Watch interview with vineyard owner, Mandisar, Afghanistan, March 24, 2002.

323 Human Rights Watch interview with Abdul Rani, Sarband, Afghanistan, March 23, 2002.

324 Human Rights Watch interview with Tim Horner, RMAC, Kandahar, Afghanistan, March 24, 2002.

325 Human Rights Watch interview with Din Mohammed, Sarband, Afghanistan, March 23, 2002. Din Mohammed was a shopkeeper in town. Agha Mohammed, a second shopkeeper, said he lost his store in the attack. Human Rights Watch interview with Agha Mohammed, Sarband, Afghanistan, March 23, 2002.

326 Human Rights Watch interview with Farooq, Team Leader #4, OMAR, Herat, Afghanistan, March 29, 2002.

327 Human Rights Watch interview with Maidin, Nawabad, Afghanistan, March 29, 2002. Maidin, 18, said a soldier from the Chicharan province also died from a dud at the Firqa.

328 OMAR Sub Office Herat, "Information about Victims" [hereinafter OMAR Cluster Bomb Casualty List].

329 Human Rights Watch interview with Sharif, Bag Nazer Gah, Afghanistan, March 29, 2002.

330 OMAR Cluster Bomb Casualty List.

331 Ibid.

332 Briefing by OMAR team leader, Fourth Armored Brigade Headquarters, near Herat, Afghanistan, March 28, 2002.

333 OMAR Cluster Bomb Casualty List.

334 OMAR Sub Office Herat, "List of Killed and Injured People and Lost Their Properties at Isaq Suliman (sic)" [hereinafter OMAR Ishaq Suleiman Casualty List].

335 Human Rights Watch interview with Azima, Ishaq Suleiman, Afghanistan, March 29, 2002.

336 Human Rights Watch interview with Nadira, Ishaq Suleiman, Afghanistan, March 29, 2002.

337 Human Rights Watch interview with Azima.

338 Human Rights Watch interview with Khalil Ahmad, Ishaq Suleiman, Afghanistan, March 29, 2002; Human Rights Watch interview with Ghulam Rasoul, Ishaq Suleiman, Afghanistan, March 29, 2002. Ghulam Rasoul, 26, was the cousin of Bismullah.

339 Human Rights Watch interview with Ghulam Nabi, Ishaq Suleiman, Afghanistan, March 29, 2002. The three victims were 50-year-old Ghulam's brother, relative, and neighbor, respectively.

340 Ibid.

341 Human Rights Watch interview with Abdul Basir and Shames-u-din. Abdul Bair, 37, was the brother-in-law of Abdul Raziq. Shames-u-din, 31, was the cousin of Ghouse-u-din.

342 Ibid; OMAR Cluster Bomb Casualty List.

343 Human Rights Watch interview with Ghulam Nabi.

344 Human Rights Watch interview with Abdul Basir and Shames-u-din.

345 Human Rights Watch interview with Shames-u-din.

346 Human Rights Watch interview with Shames-u-din.

347 Ibid. See also Human Rights Watch interview with Azima.

348 Human Rights Watch interviews with U.S. Air Force officials, Washington, D.C., June 29-30, 2002.

349 Ibid.

350 Human Rights Watch interview with Ali, 38-year-old soldier, Jebrael, Afghanistan, March 29, 2002.

351 Human Rights Watch interview with Abdul Khaliq, Jebrael, Afghanistan, March 29, 2002; Human Rights Watch interview with Abdul Naim, Jebrael, Afghanistan, March 29, 2002; Human Rights Watch interview with Ali, 12-year-old carpet weaver, Jebrael, Afghanistan, March 29, 2002. Abdul Naim, 25, was Arbabrahim's son, and Abdul Khaliq, 30, was the victim's nephew. Ali was a friend of Amin. These interviews corroborated the OMAR Cluster Bomb Casualty List.

352 Human Rights Watch interview with Sher-Agha, Operations Officer, OMAR, Herat, Afghanistan, March 28, 2002.

353 OMAR provided Human Rights Watch with a list of Qala Shater casualties that included eleven deaths and fourteen injuries. OMAR Sub Office Herat, "List of Died (sic) and Injured People in Qala Shater" [hereinafter OMAR Qala Shater Casualty List]. Villagers said thirteen people died. Human Rights Watch learned of at least one death that was not on OMAR's list.

354 Karl Malakunas, "U.S. Cluster Bomb Attack Kills Nine, Empties Village," Agence France-Presse, October 25, 2001.

355 Human Rights Watch interview with Mohammed Eisah, Qala Shater, Afghanistan, March 27, 2002.

356 Ibid.

357 Human Rights Watch interview with Sean Moorhouse, Swiss Federation for Mine Action, Herat, Afghanistan, March 27, 2002.

358 "Probable UXO [Unexploded Ordnance] Locations," November 23, 2001 [hereinafter U.S. Cluster Bomb List-November]. The United States provided this and later lists of cluster bomb strikes to the United Nations.

359 Human Rights Watch interview with Sean Moorhouse.

360 OMAR Qala Shater Casualty List.

361 OMAR Cluster Bomb Casualty List.

362 Briefing by OMAR team leader, Shidai, Afghanistan, March 28, 2002.

363 OMAR, Adopt-a-Team Monthly Progress Reports, March, April, May, and June, 2002.

364 Briefing by OMAR team leader, Shidai.

365 Human Rights Watch interview with Ghulam Syed Siddiqi, Gazer Gah, Afghanistan, March 29, 2002. Ghulam was the cousin of Ramin, Ismaeel, and Waheed and the uncle of Soraj and Farhad.

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