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Abiola et al. v. Abubakar: Hafsat Abiola et al. (Plaintiffs) v. Abdulsalami Abubakar (Defendant)
Memorandum Opinion and Order, 28 Sep 2007, United States District Court for the Northern District of Illinois, Eastern Division, United States
Hafsat Abiola filed a complaint against General Abdulsalami Abubakar claiming that he is responsible for the death of her parents, Chief MKO Abiola and Kudirat Abiola. In particular, she claimed that as Chief of Defence Staff under Sani Abacha’s military rule (November 1993 – June 1998), and as President of Nigeria (November 1998 - May 1999), General Abubakar was responsible for torturing her father and keeping him in inhumane conditions, as well as for denying him access to a lawyer. In addition, she claimed that the regime is responsible for the death of her mother, who was threatened and killed following a campaign for the release of her husband.
In 2001, General Abubakar was served with summons when he visited the United States.
On 28 September 2007, the District Court for the Northern District of Illinois, Eastern Division, imposed a sanction on the defendant for his failure to appear for deposition. The sanction was an order declaring that the allegations of the plaintiffs had to be taken as established.
Mpambara: Public Prosecutor v. Joseph Mpambara
Judgment, 21 Oct 2008, Supreme Court of The Netherlands, The Netherlands
In 1994, an armed conflict between the Rwandese government forces and the Rwandese Patriotic Front and the genocide perpetrated against the Tutsis claimed the lives of hundreds of thousands of citizens in Rwanda and the elimination of approximately 75% of the Tutsi population.
Joseph Mpambara was a member of the interahamwe militia who fled Rwanda for Kenya and finally the Netherlands after 1994. He is charged with having murder, rape, kidnapping, hostage taking and torture against several Tutsi individuals including young children who were hacked with machetes after being forced out of an ambulance with their mother. Since the Accused is a non-Dutch national and the crimes with which he is charged did not occur on Dutch territory and did not implicate Dutch nationals in any way, the question of jurisdiction arose.
In the present decision, the Supreme Court of The Netherlands rejected the appeal of the Public Prosecutor against the earlier decision of the Court of Appeal of The Hague. The Supreme Court confirmed that Dutch Courts have no jurisdiction over the crime of genocide allegedly committed by the Accused. This does not, however, bar prosecution of the Accused for war crimes and torture.
Ghailani: United States of America v. Ahmed Khalfan Ghailani
Opinion, 12 Jul 2010, United States District Court, S.D. New York, United States
Ahmed Khalfan Ghailani was arrested in July 2004 in Pakistan and transferred to the US Naval Base at Guantanamo Bay (Cuba) in September 2006. He was charged with terrorism and war crimes (among other) in connection with the 1998 attacks on the US Embassies in Tanzania and Kenya. In June 2009, Ghailani became the first prisoner of Guantanamo Bay to be transferred to the United States for prosecution.
In November 2009, Ghailani’s lawyers filed a motion for dismissal of the case of his case arguing that the nearly five years that Ghailani spent in secret CIA prisons and at Guantanamo Bay (Cuba) violated his constitutional right to a speedy trial under the Sixth Amendment.
In July 2010, the District Court found that Ghailani’s Sixth Amendment right to a speedy trial was not violated becase, considering all circumstances, the delay did not infringe upon any interest protected by this constitutional right.
Mohamed v. Dataplan: Binyam Mohamed, Abou Elkassim Britel, Ahmed Agiza, Mohamed Farag Ahmad Bashmilah, Bisher Al-Rawi, Plaintiffs-Appellants, v. Jeppesen Dataplan, Inc., Defendant-Appellee, and the United States of America, Intervenor-Appellee
Opinion, 8 Sep 2010, United States Court of Appeals for the Ninth Circuit, United States
In 2007, the American Civil Liberties Union filed a claim against Jeppesen Dataplan Inc., a subsidiary of Boeing, on behalf of five individuals from Iraq, Yemen, Ethiopia, Italy and Egypt. The plaintiffs alleged that they had been victims of the CIA’s extraordinary rendition programme – covert operations whereby individuals suspected of involvement in terrorism were secretly detained, transferred all over the world by “black flights” and taken to “black sites” or secret prisons where they were tortured for years. The role of Jeppesen – a company specialised in the aviation sector, providing navigational information, crew and fleet management solutions, and other services in the sector – in this practice was, allegedly, that the company facilitated the CIA’s black flights, inter alia,by providing airports with false flight plans to conceal all information about the aircrafts.
In first instance, after the U.S. government intervened in the case on the side of Jeppesen, the claim was dismissed immediately as the California District Court found that the state secret doctrine prevented it from reviewing the case. This judgment was partly revoked in appeal when the Ninth Circuit Court of Appeals found that defendants had not properly proven that the state secret doctrine was applicable; the case was remanded for rehearing, though. Ultimately, in its 6-5 majority decision of 8 September 2010, the full bench of the Appeals Court ruled that in the current case the state secret doctrine indeed applied, concluding that ruling in the case would be impossible due to substantial information being “privileged” or non-disclosable. Therefore, the plaintiffs’ claim was dismissed.
Ivanović : Prosecutor's Office of Bosnia and Herzegovina v. Željko Ivanović a/k/a Arkan
Second Instance Decision on the Revocation of the First Instance Verdict, 5 Dec 2012, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina
The Appellate Division granted the appeal in this case, revoked the first instance verdict, and ordered a retrial. On 17 June 2013, in the second-instance verdict, the Appeals Panel of the Court of Bosnia and Herzegovina found the accused Željko Ivanović guilty of the criminal offense of genocide and sentenced him to a 24-year long-term imprisonment.
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