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G.
Order of the Second Senate of 24 June 2003, 24 Jun 2003, Bundesverfassungsgericht / Federal Constitution Court, Germany
The accused, Mr. G., was a citizen of Vanuatu Islands, while he previously resided in India. An arrest warrant was issued against him by the First Special Court in Alipore, Kolkata (India) on allegations of stealing 108,400,000 Indian Rupees (approximately € 2,143,000) from the Allahabad Bank in 1994 and 1995. G. was arrested at Munich Airport on 15 December 2002.
On 30 April 2003, the Munich Higher Regional Court approved the extradition of G. to India because there was no risk that he would not be treated in accordance with international standards, more specifically, that he would not be subjected to torture or ill-treatment. In addition, the Court held that the expected punishment of life imprisonment was not ‘absolutely unreasonable’ having in mind the amount of money stolen by Mr. G.
The Federal Constitutional Court upheld the decision to extradite G. to India, in particular because there was no evidence suggesting that he would be subjected to torture.
Damjanović (Goran and Zoran): Prosecutor’s Office of Bosnia and Herzegovina v. Goran and Zoran Damjanović
Verdict, 18 Jun 2007, Court of Bosnia and Herzegovina, 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. The Court convicted them for war crimes against civilians. As some of the victims were injured, and all of them had surrendered, when the brother started their onslaught, they had attained the status of civilian under international humanitarian law. The Court heavily relied on witness statements to establish that the brothers had intentionally targeted Bosniaks, in the context of the armed conflict, and that they had intentionally inflicted severe pain on them. Zoran Damjanović was sentenced to 10 years and 6 months of imprisonment. Goran Damjanović was sentenced to 12 years of imprisonment, as he was also convicted for illegal manufacturing and trade of weapons or explosive materials.
Sipic: The Prosecutor v. Idhan Sipic
Verdict in First Instance, 22 Feb 2008, Court of Bosnia and Herzegovina, War Crimes Chamber (Section I), Appellate Panel, Bosnia and Herzegovina, Bosnia and Herzegovina
During the war in the Former Yugoslavia, Idhan Sipic was a member of the Reconnaissance and Sabotage Commando Company, which was part of the 5th Corps of the Army of Bosnia and Herzegovina. On an unspecified day in mid-September 2005, in the territory of the Kljuc Municipality, Sipic entered the house of an elderly woman of Serb ethnicity, Anja Banjac and killed her with a bayonet by stabbing her in the neck.
Sipic was charged with war crimes against civilians, specifically murder. The Court found him guilty of this crime. The Court reasoned that Anja Banjac was without a doubt a civilian, killing civilians is a violation of international humanitarian law; the crime was perpetrated during the war and had a clear connection to the war. Sipic was sentenced to 8 years’ imprisonment, which was a significantly mild sentence. The Court took as an extenuating circumstance that Sipic admitted to the crime.
Evans v. UK: The Queen (on the application of Maya Evans) v. Secretary of State for Defence
Approved Judgment, 25 Jun 2010, High Court of Justice, Queen's Bench Division, Divisional Court, Great Britain (UK)
The case came as a result of information that Afghan terror detainees transferred by the British Armed Forces to the Afghan National Directorate of Security (NDS) were beaten and physically mistreated. Maya Evans, a U.K. peace activist, sought to stop that practice and brought a case before the British High Court of Justice. On 25 June 2010, the Court decided that there was a chance that detainees were indeed mistreated at the NDS detention facility in Kabul. Therefore, the Court banned detainee transfers to this NDS facility. Transfers to the NDS facilities in Kandahar and Lashkar Gah remained allowed, although the Court imposed a series of ‘safeguards’ and monitoring arrangements on all future transfers of detainees.
Astiz: Alfredo Ignacio Astiz
Verdict, 26 Oct 2011, Federal Tribunal Nº 5 of Buenos Aires, Argentina
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