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Kujundžić: Prosecutor's Office of Bosnia and Herzegovina v. Predrag Kujundžić
Second Instance Verdict, 4 Oct 2010, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina
Predrag Kujundžić was born on 30 January 1961 in the village of Suho Polje in the municipality of Doboj, Bosnia and Herzegovina. Kujundžić was the commander of the Predini vukovi military unit, which functioned as part of the army of the Republika Srpska.
The Prosecutor’s Office of Bosnia and Herzegovina alleged that on 12 June 1992, Kujundžić occupied the village of Čivčije Bukovačke, and subsequently blew up the village’s mosque, plundered and set on fire some houses, and ordered that all Bosniak men gathered in front of the village’s culture center. After the men (160 in total) were gathered, they were exposed to a several hours’ long physical and mental abuse by Kujundžić and his unit members. Subsequently, all men were taken to the Perčin disco camp located in the place of Vila in the Doboj municipality, where they were confined on inadequate premises and exposed to every-day abuses by various groups of soldiers who could freely enter the camp.
On 4 October 2010, the Court of Bosnia and Herzegovina found Kujundžić guilty and sentenced him to 17 years imprisonment.
Rukundo: Emmanuel Rukundo v. The Prosecutor
Judgement, 20 Oct 2010, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
Emmanuel Rukundo was born on 1 December 1959 in Mukingi Community, Rwanda. In February 1993, by then an ordained priest, he was appointed a military chaplain in the Rwandan army, a position he occupied throughout the genocide in 1994.
On 27 February 2009, Trial Chamber II of the ICTR had found him guilty of genocide and murder and extermination as crimes against humanity in relation to the events at Saint Joseph’s College and for the killing of Tutsi refugees abducted from the Saint Léon Minor Seminary. On 20 October 2010, the Appeals Chamber affirmed these convictions, but only on the basis of his responsibility for aiding and abetting these crimes rather than committing them.
The Trial Chamber had also convicted Rukundo of genocide for causing serious mental harm to a Tutsi woman when he sexually assaulted her, and sentenced him to 25 years of imprisonment. The Appeals Chamber reversed this conviction for genocide for the sexual assault of the Tutsi woman and reduced Rukundo’s sentence to 23 years of imprisonment.
Kalimanzira: Callixte Kalimanzira v. The Prosecutor
Judgement, 20 Oct 2010, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
Callixte Kalimanzira was the directeur de cabinet in the Ministry of Interior, the ministry’s second most senior official, from September 1992 through the relevant events of 1994. On 22 June 2009, Trial Chamber III of the ICTR found Kalimanzira guilty of instigating and aiding and abetting genocide at the roadblock on Butare-Gisagara road around 22 April 1994, at Kabuye hill on 23 April 1994 and at the inauguration of Élie Ndayambaje as mayor of Muganza Community on 22 June 1994. In addition, Kalimanzira was convicted for committing direct and public incitement to commit genocide in Butare prefecture. He was sentenced to 30 years of imprisonment.
Both the Accused and the Prosecution filed an appeal against the Trial judgment. On 20 October 2010, the Appeals Chamber affirmed the conviction for aiding and abetting genocide at Kabuye hill but overthrew the remaining convictions after finding several factual and legal errors in the Trial Chamber’s assessment. The Chamber dismissed the Prosecution’s appeal in its entirety and reduced Kalimanzira's sentence from 30 years to 25 years of imprisonment.
Trbic: Prosecutor’s Office of Bosnia and Herzegovina v. Milorad Trbic
Second Instance Verdict, 21 Oct 2010, Court of Bosnia and Herzegovina, War Crimes Chamber (Section I), Appellate Panel, Bosnia and Herzegovina, Bosnia and Herzegovina
On 16 October 2009 Milorad Trbic was found guilty of genocide by way of joint criminal enterprise in relation to the events at Srebrenica by the Court of Bosnia Herzegovina. For criminal responsibility to arise via participation in a JCE there had to be a consistent and core group of actors with a common plan or purpose to commit a crime, with the accused to both intend and participate in the commission of that crime. The Court held that this was the case with Milorad Trbic. He was sentenced to 30 years in prison.
Trbic was acquitted of come charges, due to insufficient evidence.
The Defence, Prosecution and victims appealed the Trial Verdict. The Prosecutor appealed on the grounds that the facts were not established correct and complete, and wanted the Appellate Panel to revoke the Verdict in its acquitting part, as well as to order a retrial. As for the sentence, the Prosecutor wanted the Trial Verdict to be reversed and for Trbic to be sentenced to the maximum sentence of 45 years imprisonment. The Defence appealed the Trial Verdict on the grounds that essential provisions of criminal procedure and the Criminal Code had been violated and that the facts were wrongly established and wanted the Panel to change the sentence and to review the facts and evidence again, eliminating the criminal procedure violations and acquit Trbic of the charges. A number of victims also appealed the verdict, specifically against the part of the Verdict on the costs and property claims.
On 17 January 2011, the Appellate Panel gave the Appellate Verdict, judging all appeals unfounded, and upholding the Trial Verdict of 16 October 2009 in its entirety.
Gathungu v. Kenya: John Gathungu v. A-G and the Republic of Kenya
, 28 Oct 2010, High Court of Kenya, Kenya
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