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Setako: Ephrem Setako v. the Prosecutor
Judgement, 28 Sep 2011, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
On 25 February 2010, Trial Chamber I of the ICTR convicted Lieutenant Colonel Ephrem Setako for genocide, extermination as a crime against humanity and violence to life as a war crime for ordering the killings of between 30 to 40 ethnic Tutsi refugees at Mukamira military camp on 25 April 1994 and the death of nine or 10 Tutsis on 11 May 1994. The Chamber imposed on Setako a sentence of 25 years of imprisonment.
Setako and the Prosecution both appealed the Trial judgment. Setako alleged errors of law and errors of fact of the judgment. The Prosecution submitted three grounds of appeal.
On 28 September 2011, the Appeals Chamber dismissed Setako’s appeal in its entirety, while it partially granted the Prosecution’s appeal but it did not increase Setako’s sentence. Specifically, the Appeals Chamber convicted Setako for murder as a war crime for the killings committed against Tutsis on 11 May 1994.
Munyakazi: The Prosecutor v. Yussuf Munyakazi
Judgement, 28 Sep 2011, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
Yussuf Munyakazi was a landowner and farmer in Bugarama community, Rwanda. On 30 June 2010, the Trial Chamber of the ICTR delivered its judgment on Munyakazi’s case. It found that Munyakazi had been a leader in the incidents that had taken place at Shangi parish on 29 April 1994 and Mibilizi parish on 30 April 1994 and that he was responsible for the deaths of 5,000 Tutsi civilians. As a result, the Chamber convicted him for genocide and extermination as a crime against humanity and sentenced him to 25 years of imprisonment.
Both Munyakazi and the Prosecution appealed against the judgment. Munyakazi submitted eight grounds of appeal challenging his convictions and sentence and requested the Appeals Chamber to acquit him. The Prosecution presented three grounds against the Trial judgment. The Appeals Chamber dismissed all grounds of appeal, upheld Munyakazi’s convictions for genocide and extermination as a crime against humanity and affirmed the sentence of 25 years of imprisonment imposed upon him.
Bizimungu et al.: The Prosecutor v. Casimir Bizimungu, Justin Mugenzi, Jérôme-Clément Bicamumpaka, Prosper Mugiraneza
Judgement and Sentence, 30 Sep 2011, International Criminal Tribunal for Rwanda (Trial Chamber II), Tanzania
Casimir Bizimungu was Minister of Health from April 1987 until January 1989. He returned to this position form April 1992 until he fled Rwanda in July 1994.
Justin Mugenzi founded the Parti Libéral (PL) on 14 July 1991. He became Minister of Commerce in July 1993. Mr. Mugenzi continued to hold this position in the Interim Government.
Jérôme-Clément Bicamumpaka joined the Mouvement Démocratique Républicain (MDR) party in 1991 and was sworn in to the Interim Government as the Minister of Foreign Affairs on 9 April 1994.
After working as a prosecutor and in various ministries in Kigali, Prosper Mugiraneza was appointed Minister of Public Service and Professional Training in 1992. When the Interim Government was formed, he became the Minister of Civil Service.
The Trial Chamber convicted both Mugenzi and Mugiraneza for conspiracy to commit genocide for their participation in the decision to remove Butare’s Tutsi Prefect, Jean-Baptiste Habyalimana. They were also convicted for direct and public incitement to commit genocide for their participation at the installation ceremony where President Théodore Sindikubwabo gave an inflammatory speech inciting the killing of Tutsis. The two Accused were sentenced to 30 years of imprisonment. Bizimungu and Bicamumpaka were acquitted.
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.
Selliaha/Liberation Tigers of Tamil Eelam (LTTE): The Prosecutor v. Selliaha/Liberation Tigers of Tamil Eelam (LTTE)
Judgment given after full argument on both sides, 21 Oct 2011, District Court of The Hague, The Netherlands
Five men, allegedly members of the Liberation Tigers of Tamil Eelam (LTTE, a rebel group in Sri Lanka), were brought before the District Court of the Hague (the Netherlands) on charges of, among others, extortion, money laundering, and raising funds for a terrorist organization. The European Union (EU) placed the LTTE on a list of terrorist organizations in 2006. The present judgment was handed down against one of the suspects, identified only as Selliaha, who acted as the LTTE’s overseas bookkeeper.
The five men, including Selliaha, allegedly extorted millions of Euros through blackmails and threats in order to fund the LTTE in Sri Lanka.
The District Court found Selliaha guilty of invlovement with a criminal organization, but not of supporting terrorism. Furthermore, the District Court considered that the conflict in Sri Lanka amounts to a non-international armed conflict, but dismissed a large number of charges on the basis that the Netherlands was not party to the conflict. Moreover, the District Court ruled that the EU’s classification of the LTTE as a banned organization, made the fundraising operations unlawful in the Netherlands.
The District Court acquitted Selliaha of extortion but convicted him of threatening prospective donators. Selliaha was sentenced to 6 years of imprisonment, the longest sentence of the five accused.
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