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Brima et al.: The Prosecutor v. Alex Tamba Brima, Brima Bazzy Kamara and Santigie Borbor Kanu
Sentencing Judgment , 19 Jul 2007, Special Court for Sierra Leone (Trial Chamber II), Sierra Leone
The Armed Forces Revolutionary Council (AFRC) represented the rebel opposition group to the government of President Kabbah who was overthrown following a coup by the AFRC and Revolutionary United Front, the RUF, which formed a military junta to rule the people of Sierra Leone.
Brima, Kamara and Kanu were members of the AFRC, convicted by Trial Chamber II for commission of war crimes, crimes against humanity and other serious violations of international humanitarian law. Their crimes were characterised by a particular brutality: children were abducted from their homes, drugged and recruited as child soldiers; young women were raped and sexually assaulted; civilians had limbs amputated; others still were beaten and beheaded. The Trial Chamber imposed a sentence of 50 years each on Brima and Kanu, and 45 years for Kamara. In reaching this determination, the Chamber took into account the large number of victims, their particular vulnerability, the brutality of the crimes, the positions of authority occupied by the Accused. It found there to be no mitigating circumstances in favour of any of the Accused.
Fofana & Kondewa: The Prosecutor v. Moinina Fofana and Allieu Kondewa
Judgement, 2 Aug 2007, Special Court for Sierra Leone (Trial Chamber I), Sierra Leone
Fofana and Kondewa were leaders in the Civil Defense Forces (CDF), an armed group that was participating in the conflict in Sierra Leone in order to restore the democratically elected government of President Kabbah who had been ousted by a coup of the Revolutionary United Forces (RUF) and Armed Forces Revolutionary Council (AFRC). The Accused were charged with eight counts of war crimes and crimes against humanity, committed throughout the Southern and Eastern provinces of Sierra Leone including murder, cruel treatment (mutilation, hacking of limbs), terrorising the civilian population, burning and looting civilian property, using child soldiers in the hostilities and collective punishments.
Trial Chamber I found that the Accused were not guilty of crimes against humanity as it could not be proven that the attacks were directed primarily against the civilian population. The Accused were found guilty of aiding and abetting CDF forces in their commission of the war crimes of murder, cruel treatment, pillage and collective punishments; Kondewa was additionally guilty of enlisting child soldiers. The Trial Chamber did not consider that they were guilty either for participating in a common plan to defeat the RUF/AFRC forces or as superiors responsible for the acts committed by their CDF subordinates.
Damjanović (Goran and Zoran): Prosecutor’s Office of Bosnia and Herzegovina v. Goran and Zoran Damjanović
Verdict, 19 Nov 2007, Court of Bosnia and Herzegovina, Section I for War Crimes, Panel of the Appellate Division, Bosnia and Herzegovina
During the conflict in Bosnia and Herzegovina, after the Serb Army overran a Bosniak settlement on 2 June 1992, two brothers took part in beating a group of approximately 20 to 30 Bosniak men. In first-instance, the Court convicted them of war crimes against civilians but the brothers appealed against this verdict. The defence had branded several witness testimonies to be inconsistent and contradictory, but the Court’s Appeal Panel held in second instance that the testimonies were consistent on the most important aspects. Discrepancies were explainable, according to the Appeal Panel, and to this extend the appeal was rejected. However, Goran Damjanović had also been convicted for illegal manufacturing and trade of weapons or explosive substances, and the Appeal Panel considered it unproven that the weapons found in his family’s home belonged to him. To that extend, the verdict was revoked and a re-trial ordered.
Pejić: Office of the War Crimes Prosecutor v. Milorad Pejić
Indictment, 8 Apr 2008, District Court in Belgrade, War Crimes Chamber, Serbia-Montenegro
Milorad Pejić was born on 4 April 1969 in the village of Vukovar located in eastern Croatia. Pejić, who lived in the United Kingdom since 1999, was arrested in March 2008 at the airport in Belgrade when he wanted to bring a visit to his mother. He was charged with being involved in a horrific massacre that took place in November 1991. At that time, ethnic Croat prisoners were taken from the Vukovar hospital and subsequently brought to a pig farm in Ovčara, outside Vukovar. The prisoners were beaten, tortured and subsequently killed. Their bodies were buried in mass graves.
Lelek: Prosecutor's Office of Bosnia and Herzegovina v. Željko Lelek
Judgement, 12 Jan 2009, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina
On 19 February 2009, the Court of Bosnia and Herzegovina (BiH)’s Appellate Panel issued a second instance verdict in the case against Željko Lelek. In first instance, he was found guilty of crimes against humanity because, while performing the duties of a police officer in Višegrad, he committed unlawful imprisonment, torture and rapes, and participated in the forcible transfer of the population during a widespread and systematic attack directed by the Serb army, police and paramilitary forces against the Bosniak civilian population in the area of the Višegrad municipality in April-June 1992. The verdict was in large part upheld; the sentence, however, was increased in second instance from 13 to 16 years’ imprisonment, as the Appellate Panel attached greater weight to the aggravating circumstance of Lelek’s ruthlessness and insensitivity towards the victims.
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