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Latif et al.: Adnan Farhan Abdul Latif, Detainee, Camp Delta, et al. v. Barack Obama, President of the United States, et al.
Appeal from the United States District Court for the District of Columbia (No. 1:04-cv-01254), 14 Oct 2011, United States Court of Appeal, District of Columbia, Unites States of America, United States
Adnan Farhan Abdul Latif, a Yemeni national, was arrested in Pakistan together with other Yemeni citizens as part of a dragnet seizure of Yemeni nationals in 2001 and 2002. They were transferred to the United States Naval Base at Guantánamo Bay (Cuba) in January 2002. In 2004, the Petitioners filed for writs of habeas corpus (a legal action requiring a court to determine the legality of the detention of an arrested person).
On 21 July 2010, the US District Court for Columbia granted the petition and ordered the release of Latif for lack of evidence. According to Judge Henry Kennedy, the US the government failed to meet the evidence standard to prove that Latif was part of a terrorist organisation, concluding that his continued detention was unlawful. The US Government appealed the decision.
The Court of Appeals for the District of Columbia Circuit reversed the District Court’s decision of 21 July 2010. The Court of Appeals considered that the intelligence report, which stood as central evidence against Latif, was entitled to a presumption of regularity and the inconsistencies of the Report are likely the result of imperfect translations. The Court of Appeal also found inconsistencies in Latif’s account of the events. Based on these findings, the Court of Appeals reversed the granted habeas corpus petition.
RMS v. The Netherlands: Government in exile of the Republic of South Moluccas (RMS) v. The Netherlands
Uitspraak, 22 Nov 2011, Court of Appeal of The Hague, The Netherlands
The President of Indonesia, Susilo Bambang Yudhoyono, had planned a visit to the Netherlands from 6 to 8 October 2010. The government in exile of the Republic of South Moluccas (RMS) filed a complaint in the Netherlands and requested the Indonesian President to be arrested upon arrival in the Netherlands, and furthermore, that he would be prosecuted for human rights violations committed against Moluccan detainees.
On 14 October 2010, the District Court of The Hague dismissed the case because President Yudhoyono as head of state could not be prosecuted (head of state immunity).
On 22 November 2011, the Court of Appeal upheld the decision.
Ayyash et al: The Prosecutor v. Ayyash et al.
Decision to Hold Trial in Absentia, 1 Feb 2012, Special Tribunal for Lebanon (Trial Chamber), The Netherlands
Article 22 of the Special Tribunal for Lebanon permits the Tribunal to conduct trials in the absence of the accused, in absentia, if the accused has expressly waived his right to be present, has absconded, or cannot be found. Before a trial in absentia may proceed, however, all reasonable steps must be taken to secure the accused’s appearance before the Tribunal. In this decision, the Trial Chamber determined that all four of the accused had absconded or otherwise could not be found after Lebanese authorities employed numerous efforts to apprehend them in light of a several months long, comprehensive, and permeating media coverage of the indictment notifying the accused of the charges against them and their rights to participate in the trial. Thus, the Trial Chamber found that all reasonable steps had been taken to secure the presence of the accused, held that all four of the accused had absconded or otherwise could not be found, and ordered the trial to proceed in absentia.
Bout: United States of America v. Viktor Bout
Judgment, 5 Feb 2012, District Court for the Southern District of New York, United States
Viktor Bout, a notorious international arms dealer also known as the Merchant of Death, was alleged of trafficking weapons to several African warlords, dictators in the Middle-East and the Colombian FARC. The US Drug Enforcement Administration (DEA) decided to catch him through a sting operation in which DEA officers posed as FARC fighters and discussed with him a multimillion-dollar weapons transaction supposedly in order to aid the FARC in its fight against the Colombian government and the United States. The operation succeeded and Bout was caught by police forces in Thailand.
The US charged him with conspiracy to kill US nationals and officials and with conspiring to provide material support to a terrorist organisation (the FARC). Initially, Bout managed to have the Thai Criminal Court prohibit his extradition due to it being politically motivated. However, in appeals the decision was overturned and Bout was extradited to the US in 2010. A US jury found him guilty on all charges in 2011 and on 5 April 2012, he was sentenced to 25 years imprisonment - the minimum sentence, since the judge had found "no reason to believe Bout would ever have committed the charged crimes".
Krasniqi et al.: The Prosecutor v. Naser Krasniqi, Nexhmi Krasniqi, Fatmir Limaj and Naser Shala
Judgment, 2 May 2012, District Court of Pristina, Kosovo
In early 1998, escalating ethnic tensions and violence led to the break out of an armed conflict in Kosovo between Serbian forces and the Kosovo Liberation Army (KLA). Serbian and Albanian civilians were perceived as non-cooperative by the KLA and were subsequently targeted for intimidation, imprisonment, violence and murder. A number of Serbian military prisoners as well as Albanian civilian prisoners were detained at the Klecka detention centre by the KLA in inhumane conditions, exposed to cold, without adequate sanitation or proper nutrition. Prisoners were frequently beaten and a number amongst them were executed and their bodies buried in mass graves nearby.
Fatmir Limaj, Naser Krasniqi, Nexhmi Krasniqi and Naser Shala were all KLA members; Limaj was the commander of the 121st Brigade. They were indicted by the Special Prosecutor for war crimes and stood trial before the District Court of Pristina, operating under European Union supervision in Kosovo. All Accused were acquitted by the District Court.
On appeal however, the Supreme Court ordered a retrial of all accused and held that key evidence from Limaj’s deputy who had died in Germany the previous year would be admissible in the new trial.
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