716 results (ordered by relevance)
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Etchecolatz: The Prosecutor v. Miguel Osvaldo Etchecolatz
Sentencia (Judgment), 19 Sep 2006, Federal Criminal Tribunal No. 1 of La Plata, Argentina
Bismullah et al. v. Gates: Haji Bismullah, Haji Mohammad Wali v. Robert M. Gates; Huzaifa Parhat et al. v. Robert M. Gates
Appeals Judgment, 20 Jul 2007, United States Court of Appeal, District of Columbia, Unites States of America, United States
The case relates to eight Guantanamo detainees who challenged the determination of the Combatant Status Review Tribunal (CSRT) that they are “enemy combatants”. The case comprises the petitions of Haji Bismullah on the one hand, and of Huzaifa Parhat and six other men on the other.
The Court of Appeals ruled that that, in order to perform a meaningful review of the CSRT determination, it must have access to the information that was available to the CSRT as well. The Court of Appeals considered that these are the “reasonably available information in the possession of the U.S. Government”, without, however, hindering the Government’s ability to subject highly sensitive information to a protective order (meaning that the inspection of available information should be allowed to the detainees counsel with the exception of certain highly sensitive information, which will be available to the Court only).
R. v. UK: R (on the application of Smith) (FC) (Respondent) v Secretary of State for Defence (Appellant) and another
Judgment, 30 Jun 2010, Supreme Court, Great Britain (UK)
Đukić (Željko) et al.: Željko Đukić
Judgment, 22 Sep 2010, Trial Chamber, War Crimes Department, Higher Court in Belgrade, Serbia-Montenegro
Soares (Abilio): Prosecution v. Abilio Soares
Judgment, 14 Aug 2002, The Ad Hoc Human Rights Tribunal at the Human Rights Court of Justice of Central Jakarta, Indonesia, Indonesia
Abilio Soares was governor of East Timor at the time violence broke out in East Timor before, during and after the referendum on independence of Indonesia.
On 20 February 2002 he was indicted on two charges of crimes against humanity: murder and assault/persecution. He was charged with command responsibility for the failings and actions of his subordinates and militias, in relation to events during which anti-independence militias committed massacres, such as in the church in Liquica on 6 April 1999, at the house of pro-independence leader Manuel Carrascalao on 17 April 1999, at the residence of the Bishop of Belo on 6 September 1999 and in the church in Suai on 6 September 1999. In each one of these instances, he was accused of not having exercised his authority in order to prevent these crimes from taking place.
The Court considered that, under command responsibility, Abilio Soares was criminally responsible for the human rights violations perpetrated by his subordinates. To come to this conclusion, the Court considered the following elements: his subordinates were under Soares’ effective control and authority, but he did not exert appropriate and proper control over them; Abilio Soares was aware, or consciously disregarded information relating to these events, as he was informed of these events by subordinates; and that Soares took no action against those district heads under his control who had committed the murders and assaults (for example to prevent or stop the acts or surrender the perpetrators to authorities for investigation and prosecution).
The Court sentenced Abilio Soares to 3 years’ imprisonment, significantly lower than the minimum sentence of 10 years.
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