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Madelaine Bukumba, a woman originally from the Democratic Republic of Congo (DRC), was previously employed by the Comité de Securité de l'État (CSE). Her job was to listen incognito to the conversations of individuals in public places and to report on their opinions to the CSE as well as on media coverage of the government. 

After being shown on television speaking against the government’s use of child soldiers, Bukumba was put in prison for 15 days. Following her release, she attempted to quit her job but was threatened to be killed if she would quit. Thereafter, Bukumba fled to Kenya and eventually to Canada together with her minor daughter.

Bukumba claimed protection under the UN Convention relating to the Status of Refugees in order not to be returned to the DRC. The Immigration and Refugee Board of Canada held that she did not qualify for protection because she had been an accomplice to serious crimes committed by the government because she was a former governmental employee. In addition, the Immigration and Refugee Board held that there was no risk to her or her daughter’s life if returned to the DRC.

During Indonesia’s illegal occupation of East Timor from 1975 until 2002, the Indonesian Armed Forces and over 20 local militia groups operated perpetrated widespread and systematic attacks against the civilian population, particularly targeting those individuals who were known to be or suspected of being independence supporters.

Saka Loromonu was one such pro-autonomy militia group who, in September 1999, abducted a known independence supporter from the home in which he was staying with his relatives. He was taken to militia headquarters where he was severely beaten, including with a machete. On the orders of the Deputy Commander of the militia, the Accused, Lino de Carvalho, and other militia members took the victim to a beach where he was repeatedly stabbed. His head was decapitated and brought back to the Commander as evidence of the execution. His body was left by the side of the road to serve as a warning to support Indonesian autonomy.

The Special Panels convicted Carvalho of murder as a crime against humanity and sentenced him to 7 years’ imprisonment.

From 1975 until 2002, Indonesia illegally occupied East Timor. The Indonesian Armed Forces along with a number of militia groups, including the Aitarak militia, perpetrated countless abuses against the civilian population and especially pro-independence supporters. One such incident occurred on 31 August 1999 at an Aitarak militia checkpoint where two individuals were searched and identified as being members of a pro-independence organisation. They were beaten to death.

The Accused, Florindo Morreira, was alleged by the Prosecution to have been involved in the beatings and actually stabbed one of the victims with a samurai sword. However, the two witnesses that were called provided unreliable and contradictory evidence. The Court therefore acquitted the Accused, finding that withdrawing the indictment alone was insufficient to guard against double jeopardy as the Accused could be indicted again by the Prosecutor in the future for the same conduct if new evidence comes to light. 

Maurice Papon was a civil servant in Occupied France during World War II holding the position of Secretary-General of the Gironde prefecture.

The Assize Court of Gironde – a criminal trial court hearing cases of defendants accused with the most serious crimes – convicted Papon of crimes against humanity and sentenced him to 10 years’ imprisonment for having aided and abetted the unlawful arrest and detention of hundreds of Jewish persons from 1942 until 1944, who were eventually deported and exterminated at Auschwitz.

Papon appealed the conviction but the Court of Cassation held that Papon had forfeited his rights to appeal when, instead of surrendering himself to the custody of the Court as he was legally obliged to do, he fled to Switzerland. Following a decision of the European Court of Human Rights condemning France for having breached Papon’s right of access to a court by holding that he had forfeited such right, Papon sought and obtained the re-examination of his appeal by the Court of Cassation, the highest judicial body in France. The Court dismissed the appeal and confirmed the decision of the Assize Court, rendering irreversible Papon’s conviction. Papon died three years later.