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Semanza: The Prosecutor v. Laurent Semanza
Judgement and Sentence, 15 May 2003, International Criminal Tribunal for Rwanda (Trial Chamber III), Tanzania
The Accused, Laurent Semanza, was the former Bourgmestre (mayor) of Bicumbi commune. He was indicted on 14 counts of genocide, crimes against humanity and war crimes for his role in the Rwandan genocide.
On 15 May 2003, Trial Chamber III of the ICTR found him guilty of aiding and abetting genocide during the massacres at Musha Church and Mwulire Hill, which took place on 13 April 1994 and 18 April 1994 respectively. The Chamber also convicted him of extermination as a crime against humanity for his conduct at Musha church and Mwulire Hill. The Trial Chamber further held that Semanza was guilty of torture and murder as crimes against humanity. These convictions arose out of Semanza’s April 1994 incitement of a crowd in Gikoro commune to rape Tutsi women before killing them. He was also held directly responsible for the torture and murder of Rusanganwa, a Tutsi, whom he attacked and killed during the Musha Church massacre.
However, the judgment acquitted the Accused of genocide, direct and public incitement to commit genocide, serious violations of Common Article 3 and Additional Protocol II of the Geneva Conventions, and persecution as a crime against humanity.
The Trial Chamber sentenced the Accused to 25 years of imprisonment. This sentence was reduced by 6 months because of violations of the Accused’s rights that occurred while in detention prior to his transfer to the ICTR.
Lozano v. Italy: Mario Luiz Lozano v. the General Prosecutor for the Italian Republic
Sentenza, 24 Jul 2008, Supreme Court of Cassation, First Criminal Chamber, Italy
Gathungu v. Kenya: John Gathungu v. A-G and the Republic of Kenya
, 28 Oct 2010, High Court of Kenya, Kenya
Soedjarwo: The Ad Hoc Prosecutor v. Lt. Col. Inf. Soedjarwo
Verdict, 27 Dec 2002, Ad Hoc Court on Human Rights, Central Jakarta State court, Indonesia
Lieutenant Colonel Soedjarwo was a military commander of the Indonesian National Army (TNI) in the district of Dili between 9 August 1999 and 20 December 1999. Soedjarwo was found guilty of crimes against humanity because he failed to prevent his troops from attacking the Diocese office of Dili and the residence of Archbishop Belo in Dili on 4 and 6 September 1999. At least 13 civilians who were seeking refuge at these two places were killed during the attack.
Habré: Hissène Habré
Opinion of the Court of Appeal of Dakar on the Extradition Request for Hissène Habré, 25 Nov 2005, Court of Appeal of Dakar, Senegal
Hissène Habré was the President of the Republic of Chad from 1982 until 1990. During that time, he established a brutal dictatorship which, through its political police, the Bureau of Documentation and Security (Direction de la Documentation et de la Sécurité (DDS)), caused the deaths of tens of thousands of individuals.
Residing in exile in Senegal, victims of Habré’s regime instituted proceedings against him in Belgium on the basis of Belgium’s universal jurisdiction law. In order to try Habré, Belgium requested Senegal to extradite him. By the present decision, the Court of Appeal of Dakar held that it was incompetent to grant the request as Habré enjoys immunity from jurisdiction by virtue of his position as the former Head of State of the Republic of Chad. This decision is the precursor to a line of litigation that will culminate in the decision of the International Court of Justice regarding Senegal’s obligation to prosecute or extradite Habré.
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