German army officers allow top Taliban commander to escape... because they are not allowed to use lethal force

Elite soldiers from the German KSK had been charged with capturing the terrorist. After spending weeks searching for him, in cooperation with the Afghan army and secret service, they discovered that he was located near the town of Pol-e-Khomri in the north of Afghanistan.

Wearing night-vision goggles, the German team came within a few hundred metres of his hideout before they were discovered by Taliban forces.

German soldiers of International Security Assistance Force (ISAF) in Afghanistan

It is unclear precisely what happened next, but the Berlin government will not let its soldiers fire shots in Afghanistan in any situation other than self-defence. . . and the Taliban chief escaped.

If the German soldiers had opened fire they could have ended up on a murder charge.

The incident was reported yesterday by the German news magazine Der Spiegel which warned: 'The man and his network are active once again.'

It quoted an 'incredulous' British officer in Kabul as saying: 'The Germans are allowing the most dangerous people to get away and increasing the danger for the Afghans and all foreign forces here.'

The Taliban commander was known as the Bagh lan Bomber after masterminding an attack last year in Baghlan province in which 79 people died.

Nato sources say he has organised roadside bombs in other areas which have struck British military convoys, causing deaths.

One British Special Forces source said: 'This is very embarrassing, particularly for the soldiers on the ground who are very professional and dedicated men, but they know they must obey the orders of their government. The blame here lies with the politicians, not the men on the ground.'

A German defence ministry official said the incident would not change Berlin's policy of the 'principle of proportionality'. He added: 'A fugitive like the Baghlan bomber is not an aggressor and should not be shot unless in self-defence.'

A British Special Forces soldier was killed yesterday when a mine or hidden bomb exploded during a foot patrol near Musa Qaleh, Helmand Province.

The UK death toll since military operations began in Afghanistan in 2001 now stands at 96 - almost all since British forces moved into Helmand Province almost two years ago.