conscientious objector in Germany needs help/support

[stephinrome]

Message from Meredith of American Voices Abroad.

Steph
=====================================================

SPC Agustin Aguayo is currently AWOL in Germany and has been in hiding for almost a week. His lawyers urgently need about $1000 just to file the appeal in his ongoing court case. Barring a miracle, Agustin Aguayo going to jail for standing up for his beliefs in nonviolence.


This is an urgent call to those of us with financial resources and goodwill to help this family in the time of crisis.

Background:

California resident, originally from Mexico, Agustin Aguayo joined the military, attracted by the educational benefits. He regretted joining the moment he started training with munitions. He applied for CO status before his first deployment to Iraq between March 2004 and March 2005. He was ultimately denied, despite the support of his commanding officer. He spent one YEAR in Iraq as an Army medic, while his application slowly moved through the military channels.

He always refused to load his weapon.

His C.O. application was denied higher up the chain of command--but they did NOT inform Agustin until the time to appeal the Army denial had lapsed.

It was at this point that American Voices Abroad (AVA) became aware of his case.

A Defense Fund was launched and expert lawyers in this field were retained. A motion of Habeas Corpus was filed, challenging the denial. After lengthy delays (including the Army admitting that it had not followed its own procedures correctly) the court finally denied his case on 24 August 2006. His lawyers wish to appeal, but the legal defense fund is empty.

During this time, Agustin Aguayo and his family were on a military base in Schweinfurt, Germany. His unit was 'stop-lossed'--redeployed to Iraq. They left last week.

SPC Aguayo refused to go.

Here is an account of the dramatic events which occurred this past week (prepared by Michael Sharp, a Mennonite & Director of the Military Counseling Network who kept vigil with the family--Agustin's wife, Helga and twin 11-year-old daughters):

"Agustin Aguayo made it clear to his chain of command that no matter what happened, he wouldn't pick up his gun and he wouldn't deploy to Iraq. Somehow, though, this didn't seem to sink in. On Friday, September 1st, he was to go to his deployment formation. Instead, he went for a walk. Saturday morning he turned himself in to the MP station in Schweinfurt. He was expecting to be confined and court-martial proceedings to begin. Instead, he was told that he had no choice - he was going to be sent to Iraq. He was brought back to the house by the Rear Deployment commander and first sergeant and told to get his stuff together. The commander went as far as to say that he would be put on the plane, even if he had to be put in handcuffs. While the two military people sat in the living room with Helga and the girls, Agustin jumped out the window and disappeared.

For the past week Agustin has been in hiding. He would turn himself in if he didn't think he would be forced to deploy. As far as I know, this is the only case during this war when the military has tried to force a resister on to a plane to Iraq. .


Michael J. Sharp
Director - Military Counseling Network
[e-mail]
www.mc-network.de
--------------------------
FYI: When a soldier is AWOL, he has 30 days to turn himself in. After that, he is considered a deserter--a much more serious charge.

His wife, Helga is flying back to California on Monday (Sept. 11th) where her & Agustin's parents live, so she can put her daughters into school back there. The Army have refused to pay for the family to travel on military transport. The Army as stopped payment of Agustin's salary.

The family has no savings, as any extra money went to pay the lawyers fees.

The lawyers now say they need a minimum of $1000 for filing fees (this is to appeal the ruling against Agustin in the lower court). Beyond that, they estimate another $10,000 needs to be raised.


What can we do?
Support one man and his family in this time of crisis, as he lives out an act of conscience.

Many of us observers believe the Army is trying to make an example of Agustin Aguayo. Even some of the officers involved are ashamed of what is happening. This week a commander told Helga "I'm not proud of what I'm doing but I have no choice."


HOW TO MAKE A DONATION:


Via: Center on Conscience & War (this is best for those who want a tax deduction)
http://www.centeronconscience.org/CO_donation/codonation.htm

A more direct route, if you have a U.S. checking account and you aren't concerned about the tax deduction, is to send a cheque directly to the Aguayo's lawyer:

Peter Goldberger Esq.
50 Rittenhouse Place
Ardmore, PA, 19003
USA

The cheque should be made out to Peter Goldberger with a note saying it is for the Aguayo Defense fund.

ALSO, because of the family's current financial crisis, you can donate directly to them via Paypal (to cover food and unexpected travel costs--the shortfall since the military cut off Agustin's salary--the family's only income).

www.paypal.com (you have to be registered with Paypal to do this)

After you log in, you click on SEND MONEY.
To send a donation to the Aguayo's, you use her email address: [e-mail]
You fill in the amount you wish to donate & the currency.
Under categories, you choose SERVICE

Even if you cannot donate, you could send a MESSAGE of SUPPORT, which the family deeply value: [e-mail]


Thank you.

If you would like MORE information about this case, please don't hesitate to contact me.


Meredith Wheeler
American Voices Abroad
[e-mail]
(33) (0)5 63 59 11 32

[Solly Mack]

1. a few things

It's not the only time a soldier has been forced on to a plane for Iraq

Being "escorted" on to the plane is not as rare as one might think...just saying. It happens...quite a bit actually.

Also, because he missed movement( a charge in and of itself , article 80 and article 87 of the UCMJ), the charge isn't AWOL - it can (and often does) jump to deserter status automatically in such a case. So no one should be surprised if the charges leveled are more severe than expected. Since he missed movement - in this case to deploy - the military can claim he has "intent" and charge him as a deserter.

Intent is what separates the charges...if the soldier's intent (motive) is thought to be to avoid hazardous duty or blow-off important missions, among other things - then a soldier can be charged with desertion from day 1. (Article 85 of the UCMJ)

It's SOP to terminate the pay of a deserter...if it's just considered AWOL(article 86 of the UCMJ), they don't stop the pay until the 30 day mark, usually but not always - (but the charge can still remain AWOL even after years of absence without leave). It all depends on what the military decides the soldiers "intent" was ... so even if you're gone 10-15 years, the charge can remain AWOL depending on the circumstances.



In addition, if family members fly without orders, the military never pays for their travel. It's all on the family to pay their way.

Just saying his lawyers need to find out the exact charges to be leveled...because he isn't AWOL by military regulations, he is a deserter ...and if they choose to charge him as a deserter, the penalty in a time of war can be very severe.(and it doesn't matter if it's a "real" war or not to people..it's a "real" war to the military and they will charge accordingly...that's just the reality)

This doesn't mean I don't support him not going to Iraq...I do support him. But when dealing with the military, know their rules, know their laws, know their regulations...or they will nail you to the wall with minutiae.

It's their game, they know it better than anyone.(and they're not afraid to change the rules as they go)

You can't beat them if you don't understand how the game is played.

Also, if he remains in Germany illegally (and he is illegal if he's AWOL or a deserter and in Germany without a VISA to live here), he can now be subjected to their immigration laws. That means German authorities will also be on the look out for him.
Not actively...but if he's stopped - he's caught...and Germany will turn him over to America.

I'm just trying to help.

[stephinrome]

2. thanks, but...

Thanks for your message. However, since I was just passing it along, perhaps it would be best to send it to the people actually involved with the case.

Thanks,

Steph

[Solly Mack]

3. Sorry..wasn't trying to be preachy. It's just if I was in his position

I'd find me a former JAG lawyer with a love of the game - one that relishes taking military law and beating it to a pulp. I was motivated to post by those feelings. Again, sorry for the tone.

I'll pass the info you posted along to people I know.

[stephinrome]

5. no problem...

I didn't take it as preachy at all. I just know little about these things and thought it best if you sent it also to the contact people in the message.

Thanks for any help you can give this guy and his family.

Steph

[Peace Patriot]

4. There is no greater act of courage than this--refusing to do harm when

the consequence is that great harm will be done to you instead. We all know that this heinous war was wrong from the beginning, and is wrong now. We know that from 30,000 to 100,000 innocent people have been slaughtered by US forces. (Donald Rumsfeld "doesn't count" collateral damage, so estimates vary. The British doctors' report estimated 100,000 deaths in the initial bombing alone.) We know who is responsible for this. We know we have mass murderers and master thieves running our country, and giving orders to people like Agustin Aguayo to go over there and kill some more. We are fighting this junta, which gained power through two stolen elections, as well as we can. But most of us are not willing to put our own lives or futures in serious jeopardy to bring the immediate evil of this regime--the Iraq war/occupation--to a halt, and most of us are not faced with an order from George Bush to go to Iraq, and point weapons at Iraqis and shoot them. This man spent a year in Iraq as a medic. His service is over. Yet they're trying to force him to go back. They are threatening to shackle him and put him on a plane--they are so desperate for cannon fodder for their goddamned corporate oil war. And they want to FORCE HIM to carry a weapon and shoot it! And the reason for these cruel redeployments is that the Bush Junta is so unpopular they cannot risk proposing a draft. (Will a War Democrat do it, after they Diebold one into office in '08? Probably. Then we'll see the Air Force's new microwave weapon used here at home! 'Go to the Middle East and kill Arabs or you fry!').

In this upside down, inside out, hideously corrupted, backwards nation, a light like Agustin Aguayo's shines very bright, indeed. He was faced with this evil in a way that most of us will never know. Will he pick up a weapon and obediently, like a "good German," kill people who have done him no harm, because George Bush says so? No, he will not. Will he continue to support this disgusting, unjust, illegal war/occupation, by obeying George Bush's order to redeploy? No, he will not.

That is an act of stunning courage of a kind that George Bush, Dick Cheney, Donald Rumsfeld and Co. will never understand--moral courage. Their world doesn't admit moral courage into its orbit. Only greed and hunger for power enter there. They don't even understand soldierly courage. They spit on it. They despise it--and use it for their own ends. And courage of Agustin Aguayo's caliber does not exist to them. He is a lowly worm to be stepped on--who has more steel in his spine and more humanity and more intelligence than most people on the planet, let alone than the jackals and vampires and lapdogs of the Bush Junta.

I urge those who can afford it to contribute to his defense. Deny yourself some little luxury and send that $20 to his defense fund, or directly to his family. And send his poor family a message of support. The poor are taking the brunt of this awful regime and its awful war. Never forget that. They have cruelly cut off this family's only support--his army salary--and won't even transport them home--and they are stranded. This is unconscionable. These are US army dependents--a wife and two children--who wouldn't be where they are, but for this horrible war. And Bush and his toadies in the army are going to leave them penniless and stranded in Europe--as punishment? It would be unbelievable, if we didn't already know what bastards these people are.

So, here are DIRECT IMPACTS of Bush's war on a poor family headed by a man of great moral courage. And what are we going to do about it? You, dear reader, and me? I am going to send them some money today. I hope you do the same. And if you can't, at least send a note of support to [e-mail]. Here is our chance to do something concrete to relieve the suffering that we have been unable to stop with political action. This is one small act of humanity that we can contribute to world peace. Let's do it!