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Selimović et al.: Prosecutor's Office of Bosnia and Herzegovina v. Mehura Selimović, Adil Ružnić and Emir Mustafić
Indictment, 16 Apr 2009, Court of Bosnia and Herzegovina, Preliminary Hearing Judge, Bosnia and Herzegovina
Mehura Selimović was born on 4 April 1962, and is a former military, police affairs and counter-intelligence officer of the 5th Corps of the Army of the Republic of Bosnia and Herzegovina (RBiH). Adil Ružnić was born on 2 August 1967, and is a former Assistant Commander for Security Affairs of the 5th Corps of the Army of RBiH. Emir Mustafić is a former member of the 5th Corps of the Army of RBiH. While holding these positions, they assisted soldiers detaining civilians and members of enemy forces that were no longer fighting in the Adil Bešić military barracks in Bihać, in a camp in the plastic factory in Petrovac, in the Luke prison in Bihać, and in other locations. In these locations, the detainees were held in unhealthy conditions, forced to perform hard work, and subjected to harsh interrogations and physical mistreatment. The Court of Bosnia and Herzegovina charged Selimović, Ružnić and Mustafić with war crimes against civilians and war crimes against prisoners of war because of their involvement in the crimes.
Boere: Heinrich Boere
Decision on application for judicial review of decision, 6 Oct 2009, Federal Constitutional Court / Bundesverfassungsgericht, Germany
Perković: Prosecutor's Office of Bosnia and Herzegovina v. Stojan Perković
Verdict, 24 Dec 2009, Court of Bosnia and Herzegovina, Section I for War Crimes, Bosnia and Herzegovina
Stojan Perković was born on 3 October 1944 in the village of Lađevina located in the municipality of Rogatica. Between June and December 1992, Perković was Commander in the army of the so-called Serbian Republic of Bosnia and Herzegovina (VRS). In that position, he committed crimes, including murder, beatings, and rape, against non-Serb civilians in the villages of Surovi, Mesici and Varosiste in Bosnia and Herzegovina. Moreover, Perković did not punish the members of his unit for participating in the commission of those crimes. On 24 December 2009, Perković was found guilty for the crimes and sentenced to 12 years in prison.
Boškoski & Tarčulovski: Prosecutor v. Ljube Boškoski and Johan Tarčulovski
Judgment (public), 19 May 2010, International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, The Netherlands
On 12 August 2001 the village of Ljuboten, located in the Former Yugoslav Republic of Macedonia (FYROM), was attacked. The police killed ethnic Albanians and set fire to homes in the village. Ljube Boškoski was the Minister of the Interior of the FYROM while Johan Tarčulovski was a police officer. For their role and participation in these events, they were brought before Trial Chamber II of the ICTY. While Trial Chamber II acquitted Boškoski of the charges, it did find Tarčulovski guilty of war crimes.
Tarčulovski presented seven grounds of appeal to the Appeals Chamber, arguing that Trial Chamber II made incorrect interpretations of the law with regard to the elements of war crimes, his individual criminal responsibility and in considering evidence.
The Prosecution appealed the acquittal of Boškoski on the ground that he should have been held responsible for his failure to punish his subordinates for committing the crimes at Ljuboten.
However, the Appeals Chamber disagreed with both the Accused and the Prosecution; Tarčulovski's sentencing was upheld, and so was Boškoski's acquital.
Barhoumi v. Obama et al.: Sufyian Barhoumi v. Barack Obama et al.
Appeal from the United States District Court for the District of Columbia, 11 Jun 2010, United States Court of Appeals, District of Columbia, United States
Sufyian Barhoumi is an Algerian nation who was allegedly providing assistance to al-Qaeda through buying certain electronic components needed for the building of remote-controlled explosive devices and through providing training to build such bombs. In July 2005, Barhoumi filed a petition for a writ of habeas corpus (a legal action allowing a detained person to challenge the legality of his/her detention).
The District Court’s opinion remained confidential but in the subsequent judgment of the Court of Appeals, its findings and reasoning has been summarized. The District Court denied Barhoumi’s petition on the grounds that he was properly detained under the Authorization for Use of Military Force (AUMF) of 2001. Barhoumi challenged the District Court’s decision, arguing that the evidence upon which the decision was based do not prove that he was “part of” an al-Qaeda-associated organization.
The Court of Appeals disagreed with Barhoumi, finding that the adduced evidence was sufficient to warrant his detention under the 2001 AUMF. Accordingly, the District Court’s decision was affirmed.
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